Large commercial trucks are common sights on Illinois roads, and most Winnebago County drivers encounter these vehicles daily with no problems. Unfortunately, commercial truck accidents can and do occur, and when they happen, the results are often devastating. Truck accidents are typically very damaging and tend to generate difficult legal questions that do not arise in most other motor vehicle accident cases.
Legal Counsel for Victims of Truck Accidents in Winnebago County, Illinois
Navigating the aftermath of any vehicle accident can be difficult, but truck accident claims are especially challenging in several ways. If you or a loved one is recovering from truck accident injuries resulting from any other party’s negligence or intentional misconduct, a Winnebago County truck accident attorney is the best resource to consult for advice in this situation. Your attorney can potentially help you ensure accountability for the party who caused your accident and help you recover compensation for your losses.
Offering Comprehensive Representation to Semi Truck Accident Victims
Franks Gerkin Ponitz Greeley offers comprehensive legal representation to victims of car accidents in Winnebago County. We have seen the aftermath of many serious truck accidents and the challenges victims face to manage their extreme medical needs after serious injuries and cope with lost earning capacity and financial uncertainty for their families. If you are unsure of your options for legal recourse after any other driver has caused a damaging truck accident, we can help.
Benefits of Legal Representation After a Truck Accident in Winnebago County
Experienced legal counsel can be crucial in any difficult personal injury case. You may not know how to prove the defendant’s liability for the incident or gather the evidence needed to establish the whole scope of your damages. It’s also possible for more than one party to bear liability for the incident.
Even if fault for the accident seems immediately apparent, you should not assume that you can secure full compensation for your damages without an attorney. The average person is likely to make mistakes in civil court filings on their own and may overlook crucial details about their claim that lead to problems later. Most motor vehicle accidents will also require victims to navigate difficult insurance claims. Civil claim proceedings and interactions with insurance company representatives can be incredibly demanding for anyone recovering from painful truck accident injuries.
Working Without an Injury Lawyer Lessens Your Chances of Success With Your Claim
Do not make an already challenging situation difficult by attempting to handle everything independently. Hiring an experienced Winnebago County truck accident attorney offers a much better chance of reaching a positive outcome for your case. They may uncover avenues of recovery you didn’t know were available to you or enhance your final recovery in other ways. Even when you account for the cost of hiring your lawyer, their representation can add tremendous value to the outcome of your claim.
Determining Liability for Truck Crashes in Winnebago County
The first phase of recovery from an auto accident typically revolves around proving how the accident happened and who is responsible. Tractor-trailers and other commercial vehicles are some of the largest and most inherently dangerous vehicles on the roads of Illinois, and accidents can happen very quickly with tremendous force. Victims may not know how their accidents happened, and some may wake up in hospital beds, injured by truck accidents they do not remember.
Working with an experienced Winnebago County truck accident attorney means you will be best equipped to gather the evidence you need to prove liability. For example, your attorney could secure vehicle computer data from the vehicles involved in the accident to assess the exact timing of the accident. If available where the accident occurred, traffic camera footage could also be invaluable when it comes to proving exactly how the incident unfolded. Your attorney could also file a subpoena for another driver’s cell phone records if there is any indication that distracted driving caused the crash.
Truck accidents happen for many of the same reasons as all other motor vehicle accidents. Distracted driving, particularly cell phone use, continues to be the top-cited cause of accidents in the United States annually. Other leading causes include driving under the influence (DUI) of alcohol or drugs, speeding, and reckless driving. Unique risk factors for large commercial trucks include:
- Vehicle malfunctions from improper maintenance. Commercial trucks experience tremendous wear and tear and require regular careful maintenance. It’s possible for the party responsible for maintaining a truck to face liability for an accident if they fail to address a foreseeable maintenance issue that results in a crash.
- Improperly loaded cargo. Large commercial trucks are larger and taller than most other vehicles, meaning their centers of gravity are higher off the ground and more vulnerable to tipping or rolling over than most other vehicles. Improperly secured or unbalanced cargo can easily result in an accident, and the party responsible for the error could face liability for the resulting damages.
- Trucking industry regulation non-compliance. The trucking industry is heavily regulated at the federal level. All truck drivers and their employers must abide by applicable industry regulations. Hours of service violations and other regulatory non-compliance issues could easily result in an accident for which the truck driver and their employer both bear fault.
Don’t Forget About the Possibility of Vicarious Liability
One factor that often sets truck accidents apart from car accident claims from a legal perspective is the concept of “vicarious liability,” or one party’s responsibility for the actions of another party. Vicarious liability applies when an employer bears liability for their employee’s actions. This legal concept might come into play in your truck accident case if both the truck driver and their employer contributed to the incident.
Dealing With Insurance After a Truck Accident in Illinois
You will likely be able to file an auto insurance claim following your truck accident in Winnebago County. Every licensed driver must carry auto insurance, including those with a commercial driver’s license (CDL). Trucking companies that employ professional drivers typically maintain robust auto coverage as well.
Illinois is a fault state regarding auto insurance and resolving auto accident claims. This means that whoever is responsible for causing the crash assumes liability for the resulting damages. If another driver caused your recent accident, you could file a claim for coverage against their auto insurance policy. If successful, you could secure the full scope of coverage provided by the policy. An experienced Winnebago County truck accident attorney can help you maximize the claim settlement you receive from the at-fault driver’s insurance carrier and resolve any complications concerning your claim.
Filing Your Personal Injury Claim in Winnebago County, IL
Insurance may only cover a fraction of the total damages from a serious truck accident. Therefore, it can take some time before a truck accident victim sees results in their insurance claim. However, whenever auto insurance isn’t available, or a victim’s damages exceed the scope of the at-fault driver’s available insurance coverage, the victim can pursue a personal injury claim to recover the remaining losses.
Illinois provides a two-year statute of limitations on most personal injury claims, meaning the plaintiff has two years from the date an injury occurs to file their civil claim against the defendant. This may sound like more than enough time, but it can take a while before you can accurately calculate the total impact of the accident on your life and the future complications it is likely to cause for you and your family.
A Winnebago County truck accident attorney can be an invaluable resource throughout all stages of your truck accident claim. Beyond assisting you with your auto insurance claim, they can guide you through the process of building a personal injury suit against the party responsible for your truck accident. Experienced legal counsel is a crucial asset when you must gather evidence to prove liability for any personal injury and to accurately prove the full scope of your claimable damages.
Damages and Compensation in Illinois Truck Accident Injury Claims
The personal injury laws of Illinois are quite flexible when it comes to the recovery options afforded to plaintiffs. Whenever any other party has caused an injury and/or economic loss through some intentional misconduct or negligence, the party who was injured has the right to seek full compensation for all economic losses resulting from the incident. Therefore, if you must file a truck accident suit in Winnebago County, IL, you can hold the defendant accountable for:
- All medical treatment costs incurred from the accident. In addition, the defendant is responsible for any immediate and future medical care you require for the injuries they caused you.
- Lost income. If your accident leaves you unable to work for an extended period, the defendant must repay your lost income. If you cannot work at all due to the severity of your injury, the defendant also faces responsibility for your lost future earning potential.
- Property damages, such as the cost of repairing or replacing your vehicle. Most auto insurance policies will only cover the cost of vehicle repairs. For a more robust recovery, you may need to start a personal injury claim to get back the full scope of your property losses.
Illinois law also permits personal injury plaintiffs to seek compensation for their pain and suffering. There is no cap or limit on the amount the plaintiff can seek, and your attorney can assist you in determining a fair amount based on the severity of your injuries. However, when a plaintiff has suffered a catastrophic injury resulting in a permanent disability, the defendant faces substantial liability for the victim’s immediate and future economic losses as well as the pain and suffering they have caused.
Fault also factors into compensation calculations for a personal injury plaintiff. Illinois upholds a comparative fault rule, meaning that a plaintiff could lose a portion of their compensation if they are partially responsible for causing their damages. If the plaintiff’s fault is less than the defendant’s, they can still recover damages minus a percentage that equals their percentage of fault. If a plaintiff’s fault is 50% or more, they lose their right to recover damages under Illinois’ comparative fault rule.
What You Can Expect From Your Winnebago County Truck Accident Lawyer
Any truck accident claim can raise very difficult questions of liability and involve significant damages. Navigating the complexities of your claim will be much easier with an experienced legal team assisting you with your case. An experienced Winnebago County truck accident attorney can help you with your initial civil claim filings and an insurance claim following your accident. You can continue relying on their support and guidance as your case unfolds until you reach a suitable recovery from your damages.
It’s essential to not only choose an attorney with experience handling cases like yours but also one who can provide the individualized and responsive counsel you need to approach your case confidently. A good attorney will ensure your case proceeds unimpeded by administrative red tape in the civil court system before helping you compile a personal injury case to enhance your recovery. When you choose Franks Gerkin Ponitz Greeley to represent you, our team will work quickly to gather the critical evidence you need to establish fault, secure testimony from eyewitnesses who can support your case, and consult with expert witnesses if necessary for professional insights into the unique details of your case.
Franks Gerkin Ponitz Greeley for Truck Accident Law
Our firm has years of experience representing clients in Winnebago County, Illinois, and can provide the ongoing guidance and support you need for all phases of your recovery efforts. Time is critical for any personal injury plaintiff, and our team will ensure your case proceeds as efficiently as possible.
The sooner you secure legal representation from an attorney you can trust, the sooner you can recover your truck accident damages as fully as Illinois law allows. To explore your options for legal recourse after a truck accident someone else caused, contact Franks Gerkin Ponitz Greeley today to schedule your consultation with a Winnebago County truck accident attorney.
