Illinois Truck Accident Lawyer

An ordinary car accident frequently centers on the conduct of two drivers.

A commercial truck accident can involve much more.

The truck may be owned by one company and operated by another. The driver may be an employee or independent contractor. Another company may have loaded the trailer. Maintenance may have been performed by someone else. The trucking company may have records concerning the driver’s qualifications, schedule, inspections and operation of the vehicle.

Commercial trucking is also subject to federal safety regulations that do not apply to an ordinary driver commuting to work.

A proper investigation therefore looks beyond the moment of impact to determine why the crash happened and whether something should have been done to prevent it.

Depending on the circumstances, potentially responsible parties can include the truck driver, motor carrier, trucking company, vehicle owner, maintenance provider, cargo-loading company or another business involved in the truck’s operation.

That does not mean every company connected to a truck is automatically liable.

The purpose of an investigation is to determine who had responsibility for the conduct or condition that caused the collision.

It can be.

The relationship between the driver and motor carrier matters, as do the particular circumstances of the accident.

There may also be circumstances in which the company’s own conduct becomes important. Questions can arise about hiring, driver qualifications, supervision, scheduling, maintenance, safety practices or whether the company knew or should have known about unsafe conduct.

This is one reason a truck accident investigation should not necessarily stop with the person sitting behind the wheel.

Commercial truck drivers are subject to federal regulations limiting how long they can drive and establishing requirements for rest and off-duty periods.

The purpose is straightforward: fatigued driving is dangerous driving.

In an appropriate case, an attorney may examine driver logs and other records to determine how long the driver had been working, when required breaks were taken and whether the driver’s records are consistent with other available evidence.

The trucking company may have relevant records as well.

Many commercial drivers use electronic logging devices, commonly called ELDs, to record information concerning their duty status and driving time.

Those records can become important when fatigue or excessive driving time may have contributed to an accident.

An investigation may also compare electronic logs against other information generated during the trip to better understand where the truck was and how long the driver had actually been working.

Commercial trucks can contain electronic systems capable of preserving information about the vehicle’s operation.

Depending on the truck and equipment involved, electronic data may help investigators understand issues such as speed, braking, vehicle operation or events surrounding a collision.

Not every truck produces the same information, and electronic evidence should be evaluated together with physical evidence, photographs, witness accounts and other records.

A serious truck accident investigation may involve considerably more than the police report.

Depending on the case, useful evidence can include driver logs, electronic data, dash-camera or surveillance video, maintenance and inspection records, driver qualification information, dispatch records, photographs, witness statements, cargo information, cell-phone records and records concerning the driver’s trip.

Some of this information may be controlled by the trucking company or another business.

That makes identifying and preserving evidence an important early consideration after a serious collision.

The driver’s version of events is evidence. It is not necessarily the final answer.

Physical evidence, vehicle damage, photographs, witnesses, electronic information and other records may provide a more complete picture of what occurred.

Illinois also allows fault to be divided in some circumstances. A disagreement about responsibility does not necessarily mean you should assume you have no claim.

A citation can be relevant, but a traffic ticket does not by itself resolve an entire personal injury case.

Remember the three legs of a negligence claim: breach, causation and damages.

Evidence that a truck driver violated a safety rule may help establish what went wrong, but we still need to determine whether that conduct caused the collision and what injuries and losses resulted.

Driver fatigue can be extremely important in a commercial truck accident investigation.

Rather than simply accepting the explanation that a driver was tired, an attorney can investigate why.

How long had the driver been on duty? When did the driver last rest? What do the electronic logs show? Was the driver’s schedule realistic? Were there indications that safety requirements were being ignored?

The answers may tell us whether the accident involved only an individual driver’s mistake or a larger safety problem.

Commercial vehicles require regular inspection and maintenance.

Brake problems, tire failures, lighting problems and other mechanical conditions can contribute to serious collisions.

When a mechanical issue is suspected, the investigation may involve maintenance and inspection records as well as the physical condition of the truck itself. It may also be necessary to determine who was responsible for inspecting, maintaining or repairing the vehicle.

Yes.

Cargo that is improperly loaded or secured can affect the stability and handling of a commercial vehicle. Depending on the circumstances, shifting cargo can contribute to rollovers, loss of control or other dangerous situations.

These cases can also raise another important question: Who loaded and secured the cargo?

The answer may identify another party whose conduct needs to be investigated.

The logo on the vehicle does not necessarily tell you everything you need to know about who is legally responsible.

Commercial delivery networks can involve different employers, contractors, vehicle owners and business relationships.

An attorney can investigate who employed or contracted with the driver, who owned the vehicle and what companies were responsible for the conduct that contributed to the accident.

Because of the forces involved, truck collisions can cause catastrophic injuries, including traumatic brain injuries, spinal and back injuries, fractures, internal injuries, severe orthopedic injuries, scarring, disability and other conditions requiring extensive treatment.

Some truck collisions are fatal and may result in a wrongful death claim by surviving family members.

Giamanco Law Partners has handled serious motor vehicle and truck litigation, including a truck/automobile collision resulting in the death of a client’s spouse. The firm’s prior results can be reviewed on its verdicts and settlements page.

Compensation depends on the facts of the individual case and the injuries involved.

A claim may include medical expenses, future treatment, lost income, diminished earning ability, pain and suffering, disability, disfigurement, loss of normal life and other legally recoverable damages.

With catastrophic injuries, understanding future damages can be particularly important. A settlement should account for more than the bills that have arrived so far.

Be careful about giving detailed or recorded statements before understanding your rights.

The trucking company and its insurer may begin investigating the accident very quickly. Their investigation is not being conducted for your benefit.

If you were injured, you can speak with your own attorney before giving a recorded statement, signing authorizations or accepting a settlement.

If you have been seriously injured, speak with an attorney before signing a release or accepting a settlement.

Once a claim has been fully settled, you generally cannot return later and ask for additional compensation because your injuries were more serious than expected or additional treatment became necessary.

You should understand the potential liability, available insurance and full extent of your damages before making a permanent decision.

There is value in getting legal advice early, particularly when the collision caused serious injuries.

Commercial truck cases can involve records and electronic information that do not necessarily exist forever. An attorney can identify potentially important evidence and take appropriate steps to seek its preservation.

That does not mean you need to decide immediately whether you want to file a lawsuit.

It means you should understand your options before evidence disappears or you make decisions that cannot easily be undone.

The initial consultation is free and there is no obligation to hire the firm.

Giamanco Law Partners handles plaintiff’s personal injury cases on a contingency-fee basis, so attorney fees are not charged unless there is a recovery. The fee arrangement will be explained before you decide whether to move forward.

Bring whatever you have.

That might include the police report, photographs, insurance information, medical paperwork, correspondence from an insurance company or information about witnesses.

But do not delay contacting an attorney because you do not have everything organized.

You can start with a phone call, video call or email explaining what happened. The attorney can help determine what additional information may be important.