How do truck accident lawsuits work? Truck accident lawsuits in Chicago, Illinois, involve conducting a comprehensive investigation. This investigation includes gathering important evidence, such as checking the truck’s ELD data, witness statements, video footage, police reports, and accident scene photographs. Liable parties, such as the trucking company, manufacturers, and the truck driver, are also identified.
The next step is to make a personal injury claim by sending a demand letter to the at-fault party or the at-fault party’s insurance company. You can then file a lawsuit in court if the insurer denies the claim or offers an unfair payout. At trial, the involved parties present their arguments and evidence before the court, and the court issues a verdict upon considering all facts, arguments, and evidence presented. Either party can appeal if unsatisfied with the court’s decision.
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Types of Truck Accident Lawsuits in Illinois
Different types of truck accidents can lead to a lawsuit in Illinois. The type you pursue depends on the nature of the accident and the parties involved. The most common truck accident lawsuits in the state include:
Driver Negligence Lawsuit
You can file this lawsuit if the accident occurred due to the truck driver’s negligence. If the liable truck driver is uninsured, you can bring an uninsured motorist lawsuit against that driver.
You still have the right to sue for damages if the driver did not stop at the accident scene, as this is considered a hit-and-run accident. You will, however, need to work with your lawyer and the police to ensure the driver is identified and held liable. If the driver can not be found, you can file a claim with your own insurance company.
For a truck driver negligence lawsuit to be successful, you must prove that the driver’s breach of duty caused the accident. You can do this by showing the proximate cause and the actual cause of the accident. You must also prove that the accident caused actual damages like pain and suffering, property damage, lost wages, and medical expenses.
Manufacturer Liability Lawsuit
You can file this type of lawsuit if the accident occurred because the truck had a mechanical problem because of design, marketing, or manufacturing defects.
For example, an accident could have occurred even when all parts were assembled correctly, but the design could have caused serious malfunctions. The accident could also have happened because the design was fine, but there was an error during manufacturing. In some instances, manufacturers are liable if they don’t include warnings about user risk while using their trucks.
Employer Liability lawsuit
Most truck drivers are employed by trucking companies that determine their schedules and routes. This means you can sue a trucking company for hiring an incompetent driver. Trucking companies are often liable for accidents happening because they failed to do a background check or train their drivers properly.
Other things that can make trucking companies liable include setting unreasonable schedules and deadlines, failing to enforce safety policies, and setting unreasonable and unsafe requirements.
Wrongful Death Lawsuit
This lawsuit allows you to recover compensation if you lose a loved one due to a truck accident caused by another party’s negligence. In Illinois, only the deceased victim’s personal representative can file a wrongful death lawsuit.
The lawsuit will claim economic damages to cover financial losses like funeral costs, lost income, medical expenses, and loss of income. It will also claim non-economic damages, including emotional distress, loss of companionship, and pain and suffering.
When filing a wrongful death lawsuit, you should present enough evidence to show that the defendant directly contributed to the accident that caused the death. In Illinois, you are only allowed to file a wrongful death lawsuit within two years from the date of the deceased person’s death.
How Is Liability Determined in Truck Accident Lawsuits?
You can establish liability by proving that the at-fault party violated state or federal regulations, statutes, or public safety rules. You must also show that you suffered actual damages, including pain and suffering, medical bills, and lost wages.
In some instances, you may be found to be partially at fault for that accident. You could have taken part in one of many types of distracted driving, thus partially contributing to the accident. The judge will reduce your compensation depending on the percentage of your fault. You will be ineligible for compensation if you are more than 50% at fault.
Sometimes, the liability can be assigned to different parties, including the truck driver, trucking company, manufacturers, cargo loaders, and even other motorists. The driver is often liable for negligent actions, such as ignoring hours-of-service rules, speeding, and drunk driving. The trucking company may be liable if it fails to maintain vehicles, train its drivers, or comply with regulations. Cargo loaders are liable if they fail to secure the cargo properly, thus causing an accident.
Gathering enough evidence is important, as it will help determine liability. Check if the truck driver or company followed regulations set by the Federal Motor Carrier Safety Administration. You will get evidence from witness testimonies, police reports, maintenance records, truck driver logs, surveillance footage, black box data, and expert opinions. Of course, your lawyer will play a major role in evidence collection, analysis, and organization.
What Are the Steps in a Truck Accident Lawsuit?
Anyone can file a truck accident lawsuit, especially if the accident caused physical, financial, and emotional burdens. These lawsuits, however, involve complex laws and regulations. They also involve insurance and trucking companies with huge budgets to perform investigations and mount aggressive legal defenses. That’s why you should try as much as possible to involve your lawyer from the onset. The steps you should follow when filing a truck accident lawsuit include:
Seeking Medical Attention
Seeking medical attention right after a truck accident allows you to get appropriate treatment for your injury. It also helps you get vital documentation to help you file a lawsuit. Ensure you save all medical bills and records, as they will prove the damages incurred.
Contacting Your Insurance Company
Contact your insurance company, but don’t admit liability, even if you think you’re at fault. An admission of liability can hurt your claim. Additionally, you should consult a lawyer before you give a recorded statement, as insurance companies can use that information to either reject or lower the value of your claim.
Gathering Evidence
Start by documenting the scene by taking videos and photographs of the accident scene. Ensure you include images of the damaged truck, road conditions, skid marks, weather conditions, traffic signals, and bodily injuries. If there were witnesses, record their statements and obtain their contact information. Don’t forget to get an official medical and police report.
You should keep the vehicle involved in the accident in its post-accident state to preserve physical evidence. Also, keep all damaged personal items, as they will help strengthen your case.
Obtain Legal Representation to Help Evaluate Damages
It’s advisable to hire a lawyer with experience handling cases similar to yours. A truck accident lawyer will determine if you have a strong cause to sue the liable party for damages. If so, the lawyer will outline your legal rights and options for recovering compensation. The lawyer will do additional investigations to supplement the evidence you collected at the scene and build a strong case to help you recover compensation that matches the real value of your claim.
Your lawyer will, for instance, gather information from the trucking company, such as the black box data and truck driver’s records, and check whether the data complies with federal regulations. Also, the lawyer will check the driver’s qualifications and whether he or she has any history of violations. The lawyer will also obtain the inspection and maintenance records to check if the truck had any mechanical issues that would have contributed to the accident.
Negotiations and Settlement
After gathering the evidence and calculating your claim value, your attorney will send a demand letter to the insurance provider or at-fault party. The demand letter will include all important details, such as the accident report, damages, and claims. The case will be settled if negotiation between your lawyer and the other side yields an acceptable settlement.
Trial
Your lawyer will move to trial if the negotiation is unsuccessful. Here, both parties present their arguments and evidence before the judge – in a bench trial or jury – in a jury trial. The court then uses the evidence provided to determine liability and the amount of compensation.
Our dedicated truck accident lawyers at Ankin Law can offer you the legal support you need to get the right compensation. Contact us today for more information.