Truck accidents are a serious safety concern on roads in the US, especially in busy urban areas like Chicago. Large truck crashes accounted for 11% of all motor vehicle crash fatalities in 2022.
In Illinois, thousands of accidents like that happen every year, and they often have devastating outcomes and cause severe injuries, fatalities, and property damage, and later complicated legal challenges.
Why Are Truck Accidents More Dangerous Than Other Collisions?
What makes commercial trucks more dangerous during crashes is their size and weight. A fully loaded truck can weigh up to 40 tons or around 80,000 lbs, which is 20 times more than an average car.
This disbalance often results in devastating injuries and fatalities. Also, in truck accidents there are often multiple parties and layers of liability, making these cases more complex than standard car accidents.
Steps to Take After a Truck Accident
- Get checked out by a doctor, and make sure you are uninjured.
- Report the crash to the police and request a detailed accident report.
- Take photos of the scene, vehicle damage, road conditions, traffic signs, and visible injuries.
- Don’t discuss or admit fault, because it can be used against you later.
- Collect other evidence, like medical bills and records, repair invoices, and others.
- Consult with an experienced Chicago, IL Truck Accident Lawyer
Legal Liability: Who Can Be Held Responsible?
The drivers are often the first suspects, but liability can extend beyond the individuals behind the wheel. Drivers can be held accountable for distracted driving, negligence, or substance use. Also, violating traffic laws or hours of service regulations makes them responsible for the crash.
Trucking companies and maintenance providers can also share liability if the accident happens. If the company fails to hire qualified drivers, provide proper maintenance of the vehicles, and follow regulations, it can make them liable for the damages. The same goes for the maintenance providers. If a truck’s poor maintenance and bad workmanship lead to a crash they can be held responsible.
If a truck has defective parts, like malfunctioning brakes or tires, it can result in product liability claims against the manufacturers. Also, in case of bad road conditions, lack of signs, or other municipal neglect, the relevant government agency may be held accountable.
Types of Compensation Available
If you were in a truck accident and want to get compensation for the emotional, physical, and financial damages, here are three types of damages you are entitled to.
Economic Damages
Economic damages are measurable financial damages, like medical expenses, vehicle damage, and lost wages. These also include both past and future medical expenses which can be very high in some cases. For example, people with lifelong disabilities after an accident can require ongoing medical care that can cost 5-8 million dollars. Future costs, like ongoing medical care or reduced earning capacity, are also included.
Non-Economic Damages
These address intangible losses – pain and suffering, emotional distress, and inconvenience. A person who can’t do their hobbies or daily activities can request compensation for the diminished quality of life. Also, loss of companionship or consortium due to the accident can result in significant non-economic compensation.
Punitive Damages
Punitive damages are different from economic and non-economic ones because their purpose is to punish negligent behavior instead of compensating for a loss. They could be rewarded in a court if there was serious malicious intent or negligence, with the purpose of holding a guilty party accountable and stopping the same behavior in the future. In other words, to send a message.
Truck Accident Regulations in Illinois
Commercial trucks are strictly regulated by federal and state authorities to enforce road safety. The Federal Motor Carrier Safety Administration has strict rules for truck drivers and companies, such as limits on driving hours, mandatory rest periods, and vehicle inspection. The FMCSA projects that these measures save around 19 lives every year, prevent 1400 crashes and decrease around 560 injuries annually.
Furthermore, state regulations by the Illinois Department of Transportation require periodic inspections of all commercial vehicles and mandate compliance with the Illinois Diesel Emission Inspection Program for trucks over 16,000 lbs and more. Not complying with these regulations can serve as a piece of strong evidence in personal injury claims.
Truck accidents in Chicago often lead to severe injuries, loss of life, and significant legal complexities. While federal and state regulations are in place to reduce these risks, accidents still happen due to negligence or non-compliance.
How Attorney Can Help
Truck accident cases involve multiple parties, deadlines, and detailed investigations. An attorney’s role is to make sure your claim is filed correctly and on time, they collect important evidence, consult with experts, and negotiate with insurance companies to secure their client’s fair compensation for the damages.
If negotiations and settlement fail, they are prepared to take your case to court and continue representing you. Having a lawyer by your side protects your rights, and provides peace of mind during a challenging time, allowing you to focus on recovery.