A Chicago truck accident lawsuit can be complex due to the severe nature of large truck crashes and the multiple parties involved. For accidents involving a semi-truck or even a large commercial truck, the medical bills for ongoing and future medical care can escalate quickly, significantly impacting the injured parties. To navigate the personal injury claim or wrongful death claim process, it is crucial to work with an experienced attorney. A Chicago truck accident lawyer at Curcio & Casciato has the expertise needed to deal effectively with the insurance company and ensure a fair semi-truck accident settlement. Given the scale and potential hazards associated with commercial truck accidents, having a dedicated personal injury lawyer can make a significant difference in the outcome of your truck accident case.
Our Chicago personal injury lawyer group at Curcio & Casciato has extensive experience in litigating auto accident claims in Chicago, as well as helping trucking accident victims seek compensation for medical bills and vehicle damage. If you need a Chicago personal injury lawyer in the wake of a semi-truck accident, call Curcio & Casciato at 312-321-1111 or fill out our online intake form.
How Do Truck Accident Lawsuits Work in Illinois?
Navigating the legal complexities of an Illinois truck accident lawsuit requires a thorough understanding of state and federal law, trucking industry standards, and the nuances of the personal injury claim process for semi-truck accidents involving commercial trucks, including Illinois dash cam laws. A truck accident attorney can help the injured party, or plaintiff, file a personal injury lawsuit after he or she suffered severe injuries as a result of a truck crash caused by negligence, seeking to hold the liable party or parties, known as defendant(s), accountable.
Depending on the cause of the trucking accident, defendants in a commercial truck accident lawsuit can include the truck driver and trucking company and may also include other entities, such as the truck manufacturer or an independent contractor, such as a cargo loading company or maintenance provider.
The first step in pursuing a semi-truck accident lawsuit in Illinois is filing a complaint. This sets the stage for the personal injury lawsuit by detailing the allegations of the injured party against the defendant(s). It outlines the factual basis of the truck accident claim, the legal theories underpinning the plaintiff’s arguments, and the specific damages or relief the plaintiff is seeking. This serves as a formal notification to the defendant(s) that a personal injury claim has been initiated against them, and it provides them with an opportunity to respond.
Discovery Phrase for Truck Accidents in Illinois
Next, the truck accident claim moves to the discovery phase, which allows the parties involved to gather and exchange information relevant to the case. This can include the police report, medical records, truck maintenance logs, and depositions.
Pre-Trial Motions for Trucking Accidents in Illinois
Pre-trial motions are another critical component of the litigation process for most truck accidents. These motions are formal requests to the court to decide on certain legal issues before the case goes to trial.
Court Hearing for the Trucking Accident Lawsuit
If the case is not resolved through pre-trial motions or truck accident settlement negotiations, the trucking accident claim proceeds to trial. At trial, the case is presented before a judge or a jury, who will assess the credibility of the evidence and the arguments presented to reach a verdict on whether the defendant(s) should be held liable for the semi-truck accident, and, if so, the amount of compensation that should be awarded to the injured party.
Truck accident lawsuits in Illinois are governed by state-specific laws, including statutes of limitations, which dictate the timeframe within which a lawsuit must be filed, and comparative negligence rules. Navigating these legal intricacies requires the expertise of an experienced attorney who can effectively advocate on behalf of injured parties, ensuring that their rights are protected and that they pursue the maximum compensation for serious injuries available under Illinois law.
How Federal Regulations Impact Truck Accident Lawsuits
Federal regulations play a significant role in truck accident lawsuits, particularly for commercial truck accidents involving semi-trucks. The Federal Motor Carrier Safety Administration (FMCSA) sets trucking industry safety standards that trucking companies and commercial truck drivers must adhere to, such as how many hours a truck driver can drive to prevent driver fatigue, maintenance requirements, and standards for securing cargo.
Violations of these regulations can be used as evidence of negligence in a trucking accident or wrongful death claim.
As the truck driver’s employer, the truck company can be held responsible for negligent hiring practices when their commercial truck drivers violate these regulations.
Causes of Semi-Truck Accidents in Illinois
Semi-truck accidents can result from a variety of factors, such as driving under the influence of drugs or alcohol, speeding, and fatigue, which can contribute to truck driver errors. Mechanical failures, improper cargo loading, and poor road conditions also contribute to commercial truck accidents. A thorough investigation is necessary to determine the underlying cause of crashes involving large trucks.
Causes of most truck accidents include:
- Truck driver errors: Truck driver errors can include driving under the influence of drugs or alcohol, speeding, and driver fatigue. If you suffered major injuries due to driver error, be sure to consult with distracted driving attorneys in Chicago, IL, or drunk driving attorneys in Chicago, IL.
- Equipment Failure: If an accident occurred due to equipment failure, manufacturers, mechanics, and trucking companies can be held responsible. Additionally, sometimes, a trucking company will rent out tractor-trailers or other large trucks from third parties. When negligent maintenance of their tractor-trailer causes an accident, the owner of the tractor-trailer can be held responsible.
Liability for Truck Accidents in Illinois
Truck Driver
A truck driver can be held liable for a semi-truck accident resulting from negligence, such as violating traffic laws or driving while impaired. Since Illinois isn’t a no-fault state, contributory negligence may also come into play, affecting the compensation amount for the injured party.
Trucking Company
A trucking company can be held responsible for semi-truck accidents due to its failure to enforce FMCSA regulations, inadequate truck driver training, or negligently hiring truck drivers. Trucking companies can also be liable under the legal doctrine of “respondeat superior,” which holds the trucking company responsible, as the driver’s employer, for their truck drivers’ actions in the course of employment.
Truck Manufacturer
Manufacturers of large trucks and truck parts can be held liable if a defect in their product contributed to the vehicle accident. For example, if a semi-truck accident occurred due to faulty brakes or other critical components, the manufacturer can be held accountable in the truck accident case.
Cargo Company
An independent contractor responsible for loading the truck’s cargo could be liable if improperly secured or overloaded cargo caused the trucking accident.
Types of Compensation in a Truck Accident Claim
The impact of truck accidents can be life-altering for the injured party and their family. The legal framework surrounding semi-truck accident claims provides a pathway for victims to seek justice and financial relief for the myriad challenges they face because of a negligent truck driver or commercial truck company.
Compensatory Damages in a Truck Accident Lawsuit
At the core of a truck accident claim is the compensation for medical expenses. This not only encompasses the medical costs incurred for immediate treatment but also extends to cover future medical care that may be necessary for severe injuries. These future medical costs can include ongoing treatments, surgeries, physical therapy, and any other medical needs that may arise as a direct consequence of the serious injuries named in the lawsuit.
Lost wages constitute another significant aspect of any truck accident settlement or verdict. For many, injuries sustained in tractor-trailer or other large truck crashes can result in an extended period away from work. Compensation for lost wages aims to mitigate the financial strain caused by the negligent truck driver or trucking company, providing victims with the financial support needed to maintain their standard of living during their recovery period. Moreover, in cases where the injuries lead to a significant reduction or elimination of earning capacity, the truck accident settlement or verdict can also include loss of earning potential, reflecting the victim’s lifelong struggle in the permanent injury settlement amounts.
Pain and suffering compensation in a truck accident settlement or verdict is intended to address the physical pain and emotional distress that often accompany serious injuries. The calculation of pain and suffering is complex, as it seeks to quantify the unquantifiable aspects of human suffering, including anxiety, loss of enjoyment of life, and any post-traumatic stress disorder.
The Chicago semi-truck accident lawyers at Curcio & Casicato’s law firm are adept at calculating settlements for incidents involving semi-trucks or other vehicles. Our personal injury lawyer group will determine a fair truck accident settlement value for pain and suffering, post-traumatic stress disorder, lost wages or earning capacity, all current and future medical bills related to the crash, etc.
Punitive Damages in a Truck Accident Lawsuit
In instances where the negligence demonstrated by the liable party is particularly egregious, punitive damages may be awarded above the average semi-truck accident settlement. When comparing compensatory vs punitive damages, compensatory damages aim to make the victim whole, while punitive damages are designed to punish the wrongdoer and deter similar conduct in the future. Punitive damages are not awarded in every accident claim but are reserved for situations where the types of negligence that are especially reckless or malicious, going well outside the bounds of the reasonable person standard.
If you believe your case merits punitive damages, then working with an experienced tractor-trailer accident lawyer in Chicago is critical.
Damages for Fatal Trucking Accidents
Families can seek compensation for a fatal trucking accident through wrongful death and/or survival action. A wrongful death claim seeks compensation for the family members of the deceased, covering their losses such as funeral expenses, loss of companionship, and financial support.
A survival action, on the other hand, is brought on behalf of the deceased’s estate to recover damages that the deceased could have pursued if they had survived, including medical bills, lost income, and pain and suffering experienced before death.
Understanding the full scope of compensation available in any insurance claim is complex. Each commercial truck accident claim is unique, with its own set of circumstances that influence the types of compensation victims are entitled to.
It is crucial for victims and their families to seek the guidance of an experienced truck accident attorney who can provide the necessary legal expertise and support to navigate the claims process and advocate for maximum compensation for death in an auto accident. Our Chicago fatal truck accident lawyers can help do just that.
How an Experienced Truck Accident Lawyer in Chicago Can Help
An experienced truck accident lawyer can provide invaluable assistance by conducting a thorough investigation of the accident, negotiating with insurance companies, and navigating the complex legal landscape of truck accident law. A truck accident attorney can also represent the injured party in court, seeking the maximum compensation possible.
Illinois Truck Accident Lawsuit FAQs
How Much Does it Cost to File a Truck Accident Lawsuit in Chicago?
The cost to file a truck accident lawsuit in Chicago can vary, often involving court fees, attorney fees, and expenses related to gathering evidence. Many personal injury lawyer firms work on a contingency fee basis, meaning they only get paid if they win the case.
How Much are Most Truck Accident Settlements?
The amount of a truck accident settlement varies widely depending on the circumstances of each case, such as the severity of injuries and the degree of negligence involved. Settlements can range from thousands to millions of dollars.
How Long Will It Take to Settle a Truck Accident Claim in Chicago?
The time frame for settling a truck accident claim in Chicago depends on the complexity of the case, the amount of evidence, and the willingness of the parties to negotiate. Some cases may settle in a few months, while others may take years if they go to trial.
Should You Take a Settlement in a Semi-Truck Accident?
Whether to accept a settlement offer in a semi-truck accident depends on several factors, including the fairness of the offer and the potential outcome of a trial. An experienced truck accident attorney can provide guidance on whether a settlement offer is reasonable.
Chicago Truck Accident Attorney
If you’ve been involved in a truck accident in Chicago, it’s crucial to seek the assistance of a law firm specializing in personal injury and truck accident claims. The Chicago semi truck accident lawyer group at Curcio & Casciato has the expertise and experience to help you navigate the complexities of your truck accident case, ensuring that you receive the compensation you deserve for your injuries and losses. With a thorough understanding of both Illinois and federal law, our experienced truck accident attorneys are prepared to advocate on your behalf, whether in settlement negotiations or in court.