Who Can a Trucking Accidents Lawyer Hold Liable for My Injuries?
Holding negligent drivers and companies accountable
Who Can a Chicago Trucking Accidents Lawyer Hold Liable for My Injuries in Illinois?
The liable party may be the truck driver, the trucking company, a shipping company, a mechanic, a manufacturer or some combination thereof:
The Chicago or Illinois Truck Driver
In its landmark large truck crash causation study, the Federal Motor Carrier Safety Administration found that "driver reasons" accounted for the main cause in 87 percent of trucking accidents nationwide. If a Chicago or Illinois truck driver's negligent or reckless driving causes you injury, the Chicago trucking accidents lawyer of Burger Law will help hold them responsible. Examples of driver error include:
- Speeding or driving too fast for weather conditions
- Drunk driving or drug impaired driving
- Not accounting for road conditions
- Overcompensating for road conditions
- Making illegal maneuvers
- Distracted driving, such as:
- Texting and driving
- Looking at directions
- Eating or drinking
- Smoking or chewing tobacco
- Being preoccupied or daydreaming
- Looking at something on the side of the road
Truck drivers speed and drink and drive far less than other drivers; however, there will unfortunately always be Chicago or Illinois truck drivers out there that break the rules of the road and jeopardize your safety. When that happens, the consequences can be devastating. If a negligent Illinois truck driver caused you injuries, the Burger Law trucking accidents lawyer team in Chicago will hold them accountable and ensure you receive maximum compensation.
The Chicago or Illinois Trucking Company
Trucking companies also have a responsibility to keep us safe on the road. There are strict requirements for Commercial Driver's Licenses in Illinois, and anybody who operates a commercial vehicle must meet them. If a Chicago or Illinois trucking company hires a driver without the proper licensure, or even worse, hires someone with a long history of traffic violations or a criminal background, they have engaged in negligent hiring practices. The responsibility of safe truck driving starts with the employer, and if they eschew that responsibility and cause you injury, the Chicago-based Illinois truck accidents lawyer of Burger Law will make sure they know the harm they have caused and make them pay you a full recovery.
In addition to hiring safe drivers, any Chicago or Illinois trucking company must ensure the safety of their vehicles. Because large trucks often drive hundreds of thousands of miles a year, they can break down rapidly. Illinois and Federal Law requires pre-trip and yearly inspections carried out by the driver and trucking company or third party, respectively. If any defective or unsafe part or component is discovered, the truck must not be driven until the issue is resolved. Brake problems were an associated factor in 27 percent of trucks in trucking accidents, contrasted with just 2 percent in cars.
Lastly, Chicago and Illinois trucking companies must ensure that they are not overworking their drivers. The Federal Motor Carrier Safety Administration has a Hours of Service Guide for Truck Drivers that must be met. Thirteen percent of trucking accidents involved driver fatigue as an associated factor. The same study found that pressure from management was a leading reason for drivers to try and drive more hours than they were able. Nine percent of truck crashes had work-related pressure as an associated factor.
If a Chicago or Illinois trucking company disregarded your safety, trust in the Chicago-based trucking accidents lawyer of Burger Law to hold them accountable. Trucking companies have expensive insurance policies and will try to devalue your claim however they can. Burger Law has been standing up to bullies like resistant insurance companies and large Chicago and Illinois corporations for over 20 years and will demand they give you maximum compensation for your injuries.
A Chicago or Illinois Shipping Company
Cargo must be properly loaded onto trucks in order to ensure safety. Overloaded trucks or trucks with unequal weight distribution are prone to rollover accidents. Improperly loaded cargo can also spill onto Chicago or Illinois streets and cause a multi-vehicle collision. Overweight trucks also have increased stopping times which limits the driver's ability to respond to conditions or hazards on the road.
Mechanics or Manufacturers
Manufacturers have an obligation to safely design and test their products and recall any components when they find them to be dangerous or defective. The National Highway Traffic Safety Administration says that a recall is necessary when a vehicle or vehicle equipment "does not comply with a Federal Motor Vehicle Safety Standard." Failure to do so is product liability. Your Chicago-based Illinois trucking accidents lawyer at Burger Law has seen every type of personal injury case and knows how to win you maximum compensation regardless of the circumstances of your truck crash injury.
Can I Still Receive Compensation for My Trucking Accident in if I Was Partially at Fault?
Can I Still Receive Compensation for My Trucking Accident in Illinois if I Was Partially at Fault?
It is common in any auto vehicle accident for multiple parties to share blame. Illinois is a "modified comparative negligence" state, meaning that you can recover compensation even if you were partially at fault for the accident, to an extent.
According to 735 ILCS 5/2-1116, you may not receive compensation if you are found to be over 50 percent responsible for the accident. The compensation you receive will be lower the more liable you are for the accident. If you were found 30 percent liable, then you would only receive 70 percent of your damages. Insurance companies often try to shift blame for an accident onto a plaintiff in an effort to lower your payout. The Chicago and Illinois trucking accidents lawyer at Burger Law has the experience and expert negotiation skills to fight back against insurance companies who are unfairly trying to blame you for your truck crash injuries.