Dupage County Truck Accident Lawyer
Accidents involving large trucks can be catastrophic. Trucks are significantly bigger than other vehicles on the road. Coming into contact with their weight and size can cause intense injury and property damage. If you have been in a truck accident and experienced damages, Dupage County truck accident attorneys can help you recover what you lost.
Why Choose Us?
The attorneys at Franks Gerkin Ponitz & Greeley understand how traumatic a truck accident can be. With over 50 years of experience handling a range of cases, including truck accident claims, we desire to handle your case with care and great attention. We know that each case is unique. We can look at the details of your accident and build an appropriate case so you can receive the justice you deserve.
Truck Accident Liability
Truck accidents can be caused by a number of reasons, including driver fatigue, mechanical issues, driver error, distracted driving, driving while under the influence of drugs and/or alcohol, reckless driving, poor weather conditions, and improperly loaded cargo.
Determining who is liable in a truck accident is not always as easy as it would be for other accidents. Truck drivers are often working for an employer, and if the accident was caused by improperly loaded cargo or poor truck maintenance, other parties may be liable. Some responsible parties can include:
- The truck driver. If the driver drove while intoxicated or distracted and it caused an accident, they could be held liable because the accident was due to their own actions.
- The trucking company. The trucking company could be held responsible if they knowingly hired a negligent driver, did not properly supervise their employees, pressured their drivers to meet unrealistic expectations, or informed their drivers that they must work beyond the legally allowed time limits. They can also be considered responsible if they did not properly maintain their trucks.
- Cargo loaders. Those who load the cargo onto the truck can be liable if they improperly loaded or overloaded the truck and caused an accident.
- Local government. If a truck accident was caused by poor road maintenance, unsafe roads, or confusing road signs, government entities may be held responsible. Filing a claim against a government entity has separate requirements from other claims. An attorney can help you through this process if you were in a truck accident and a government entity is responsible.
To prove liability, an investigation will likely have to take place. Evidence can be collected through hour logs, maintenance logs, employment records, eyewitness testimony, and professional insight.
What to Do After a Truck Accident
If you’ve been involved in a truck accident, there are steps you can take to help secure your safety. First, seek medical attention right away if you or anyone else has any injuries. The safety of everyone involved is the most important priority. If you do not have any immediate injuries, move your vehicle to a safe side of the road if you can.
Contact law enforcement as soon as you can. They can document the accident and create a report of the incident. You may also request a copy of the police report, as this may help you if you decide to file a claim later.
Take pictures and video of the scene. This includes any damage to your vehicle, any property damage, and any injuries (even minor ones) that you suffer. Get the contact information of the truck driver and any witnesses who saw the accident. This includes the truck driver’s contact information, name, phone number, and company that they work for.
Damages to Recover in a Truck Accident
If you have been injured in a truck accident, you may receive compensation for any damages you incur as a result.
This includes medical expenses (such as hospital visits, surgeries, rehabilitations, and prescription medication costs), lost wages (including loss of future earning potential due to injury), pain and suffering (both physical and emotional), and property damage (such as any repairs to your vehicle or any other property damage that happened as a result of the accident, like a crushed cell phone).
FAQs
Q: How Much Are Most Truck Accident Settlements?
A: Settlements for truck accidents vary based on a number of details, including liability, property damage, and the extent of injuries. Settlements can be particularly high in cases involving wrongful death or catastrophic injuries. Medical expenses, missed income, pain and suffering, and other damages are examples of compensation. A skilled lawyer can assess your case and bargain for the highest settlement amount.
Q: How Is Fault Determined in a Truck Accident in Illinois?
A: The assessment of evidence, including police records, witness accounts, traffic laws, and accident reconstruction, determines who is at fault in truck accidents in Illinois. Other factors will come into play such as the maintenance of the truck, the truck driver’s employer and their amount of liability, and any outside factors, such as poorly kept roads.
Q: Is Illinois a No-Fault State for Accidents?
A: Illinois is not a no-fault state. Due to its fault-based structure, the person who caused the accident is liable for any damages. To receive compensation, victims may file a claim with the at-fault driver’s insurance, negotiate a settlement, or, if required, pursue a personal injury legal claim. An attorney can help you in this process.
Q: How Long Does an At-Fault Accident Stay on Your Record in Illinois?
A: In Illinois, the amount of time an at-fault collision remains on your record depends on the regulations. Insurance companies may take accidents into account when adjusting rates for an extended period of time. DUIs and other serious infractions may stay on your record for a longer period of time and have an impact on your insurance costs and driving rights.
Contact Franks Gerkin Ponitz & Greeley Today
If you have been injured in a truck accident, an attorney at Franks Gerkin Ponitz & Greeley can help you recover damages. We can fight for you and help you receive the compensation and justice you deserve. Contact us today for more information.
