Commercial Truck Accidents in Illinois and How They Can Affect You
Any accident involving a commercial truck can be life-changing for all parties involved. If you or a loved one were seriously hurt, pursuing a personal injury lawsuit may be in one’s best interest. Any time spent in the hospital or days missed at work are damages you should be compensated for. Additional types of damages in these cases can range widely, and determining who is liable can be difficult. This is why hiring an experienced truck accident attorney is essential.
Types of Damages an Injured Person May Receive
In truck accidents, the number of involved parties tends to increase, as do the complexities of a personal injury claim. Property damage, medical expenses, and loss of income due to time off of work are the most common forms of compensation being sought by crash victims. You may have the right to further compensation, such as:
- Physical suffering – Any short or long-term physical effects caused by the accident, including any pain, permanent disabilities, disfigurements, or scars.
- Legal fees - Any expense incurred throughout the personal injury case.
- Psychological suffering - Accidents can be very traumatic and becoming anxious at the thought of driving or when entering your vehicle is considered psychological suffering.
Who Is Liable?
Trucking businesses frequently use multiple companies and individuals on a day-to-day basis, which will likely increase the number of potentially liable parties when an accident occurs. Some contributing factors that could ultimately determine who is liable include distracted or drowsy driving, failing to ensure that cargo is secured properly, not adequately maintaining and inspecting the truck, or having unqualified drivers operating a large commercial vehicle. After determining what factors contributed to the accident, the responsible parties will then be held liable.
The truck driver may be initially investigated to see if he or she may have driven in a negligent manner in the events leading up to the accident. The company that employs the truck driver will also likely be held responsible held for the driver's actions through vicarious liability. Trucks have thousands of different parts, and if any of those are defective, causing the vehicle to be unsafe, the manufacturer of the defective part may be held responsible for the accident. If the load on the truck was improperly secured and caused the truck to jackknife or lose control, the cargo company will also need to be investigated.
Why You Should Hire a Lawyer to Help During Your Claim
After being involved in a truck accident, your lawyer will look into the circumstances of the collision, any injuries suffered, and medical treatments received. Your attorney also helps determine each of the liable parties, making sure you get the compensation that is legally owed to you. If multiple parties are involved, you will need to fight each of them simultaneously, and having a skilled and thorough lawyer who is able to successfully handle these complex negotiations is a must.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII+Pt%2E+2&ActID=2017&ChapterID=56&SeqStart=102800000&SeqEnd=106200000
