Are There Truck Accident Laws in Illinois?
Illinois has truck accident laws that help lower risks and protect the rights of people who suffer injuries. These laws include:
Statute of Limitations
A statute of limitations is a law that establishes a timeline within which an accident victim can file a lawsuit. The statute of limitations for truck accident lawsuits involving personal injuries in Illinois is two years from when the accident occurred.
Some situations keep the injured party from taking legal action within the deadline. Illinois acknowledges these situations and has rules that may pause or prolong the statute of limitations. The discovery rule, for instance, pauses the deadline until you discover or should have discovered your accident-related injuries through reasonable diligence.
Trucking Regulations
Illinois trucking regulations are a blend of federal and state rules that dictate how companies should run and how truck drivers should conduct themselves on the roads. Federal rules set the eligibility requirement for commercial driver’s licenses (CDLs), the number of hours a truck driver can drive a truck without taking a break, and cargo securement guidelines. State rules, on the other hand, set weight and size limits, inspection requirements, and route restrictions.
Why Hire a Lawyer for a Truck Accident Lawsuit
Trucks caused 3.8% of the 295,604 motor vehicle accidents on Illinois roads in 2021. In the same year, truck accidents lead to 8.5% and 3.0% of all fatal and injury crashes, respectively.
Truck accidents subject victims to long-term physical, mental, and financial suffering. Unwavering legal support is crucial in helping accident victims and their families recover the compensation they need to address their financial needs. A truck accident lawsuit can help by:
Collecting and Preserving Key Evidence
Trucking companies have a team of experienced attorneys. These professionals work around the clock to help their employer minimize or avoid liability following a truck accident. They often visit the crash scene before the police arrive and may remove or conceal crucial evidence. That is why you should start working with a lawyer as soon as possible after an accident.
Your lawyer will move swiftly to collect and preserve evidence, like crash scene pictures, black box information, and accident reports. Doing this ensures the evidence stays valid and available for your case.
Dash cams and security cameras on nearby business premises are sources of video evidence. Involving a lawyer soon after the crash can make it likelier to obtain a video of the accident before it is deleted or destroyed.
Your lawyer will request inspection, maintenance, and repair reports from the trucking company. He or she will also consult mechanics or accident reconstruction professionals. A careful assessment of truck vs. car accident statistics may uncover proof to support the claim that the trucking company did not comply with trucking regulations.
The lawyer can use a subpoena to get evidence from uncooperative businesses or individuals. The lawyer will then analyze the evidence and hold the truck manufacturer or maintenance provider financially accountable for your injuries and losses.
Determining Liability
Determining fault in truck accidents is harder than in car accidents. The other driver is usually the only at-fault party in a car accident. However, multiple parties can be liable in a truck accident. A lawyer can examine all the assembled evidence, determine all parties to blame for the accident, and calculate each party’s percentage of fault.
You may claim damages from the truck driver if your lawyer shows that the accident happened because of the driver’s negligent actions. These actions may include speeding, distracted driving, or driving under the influence (DUI) of alcohol or drugs.
You may recover compensation from the trucking company if you can prove the company’s negligence contributed to the accident. Perhaps the company failed to maintain the truck properly or subjected its drivers to unreasonable schedules. Alternatively, the company may have failed to conduct proper background checks and hired a driver with a significant accident history. Cargo loaders may also be responsible for paying damages if incorrect loading caused the crash.
A knowledgeable truck accident lawyer can determine whose insurance pays in a multi-car accident. This determination may involve carefully reviewing the sequence of events, examining accident reports, talking to witnesses, and seeking advice from an accident reconstruction professional.
Filing Your Truck Accident Lawsuit Correctly and on Time
A lawyer will complete all the required paperwork and file your lawsuit within your state's statute of limitations. Your lawyer will discuss the statute of limitations applicable to your case and whether your case qualifies for exceptions. Above all, the lawyer will help you comply with all deadlines relevant to your case.
Handle the Insurance Process
Insurance companies of liable parties are responsible for paying damages and losses from a truck accident. The insurance process can be confusing, especially if your truck accident involves multiple liable parties and all the parties have coverage.
Your lawyer will evaluate each party's insurance coverage, determine where to initiate your claim, and push for the highest possible settlement. The lawyer will take care of all correspondence and negotiations with insurance companies while you concentrate on your medical treatment and recovery.
Proceed to Trial if Necessary
Settlement negotiations are not always successful. Your lawyer will not hesitate to move to trial and aggressively fight for your interest in this situation. The lawyer will better the chances of the judge or jury ruling in your favor by presenting evidence and arguments to support your lawsuit, examining your witnesses, and cross-examining the liable party’s witnesses.
Common Mistakes to Avoid in a Truck Accident Lawsuit
Making mistakes can compromise your truck accident lawsuit. Your case may get dismissed or result in an unfavorable outcome at trial. You may also lose your right to claim damages in the future. So, knowing common mistakes to avoid in a truck accident lawsuit is advisable.
Taking Too Long to File a Lawsuit
Taking too long to start a lawsuit is one of the most common blunders truck accident victims make. You may lose eligibility to claim damages if the deadline imposed by the statute of limitations expires before you take legal action.
Delaying or Failing to Seek Medical Help
Failing to see a doctor or taking too long to do so can worsen your prognosis and compromise your case. The at-fault party’s insurer or defense attorney may present gaps in your treatment as evidence that your injuries are not as severe as you claim.
Not Documenting Evidence Immediately After the Truck Accident
The success of your truck accident lawsuit will depend on the volume of evidence you collect at the accident scene and preserve. These pieces of evidence include pictures of the crash scene, skid marks on the road, damage to your car, and noticeable injuries. They also include an account of the accident recorded immediately after the accident, surveillance camera footage, the truck driver’s information, and witness statements.
Leaving the accident scene without collecting or having someone collect these pieces of evidence can hurt your case.
Not Seeking Legal Support from a Truck Accident Lawyer
Legal knowledge and skills are necessary to obtain a favorable result from a truck accident lawsuit. Financial and investigation resources are also essential in obtaining valuable evidence like maintenance and inspection reports, security camera footage, and black box data. Asking the right questions when hiring a truck accident lawyer increases your likelihood of selecting the best lawyer for your situation.
Talking to Insurance Adjusters in the Absence of Your Lawyer
Insurance companies grow their profits by paying as few claims as possible and lowering the payout amount for those claims. They achieve that by working with insurance adjusters, who use various tricks to persuade claimants to accept low settlements or say things that may weaken their case. So, speaking with insurance adjusters without your lawyer is a costly blunder. Chicago truck accident lawyers at Strong Law Offices are ready to take your case on a contingency fee basis and secure for you a decent compensation. Contact us to seek a free initial consultation.
