Trucking Accidents Lawyer Batavia, IL

Trucking Accidents Lawyer Batavia, IL. If a truck driver or trucking company was negligent and caused you or a loved one harm, call a Burger Law Batavia, IL trucking accidents lawyer right away at (779) 800-HURT or contact us online for a free case evaluation.

Trucking accidents can turn your life upside down. The physical, economic and emotional damage they can do is unanticipated and harsh. That is why, in addition to obeying the conventional rules of the road, the Federal Motor Carrier Safety Administration has stringent rules that truck drivers and trucking companies must follow in order to help keep everybody on the Batavia, IL roads from danger. When they neglect their responsibility and injure you, the Batavia, IL trucking accidents lawyer team will hold them accountable and win you the great financial recovery you are owed.

We have a dedicated team of attorneys and paralegals that fight by your side to get you the best possible compensation. Our Batavia, IL trucking accidents lawyer team knows the awful impact being injured a truck accident can have on you and your loved ones. We also know how to investigate, negotiate, litigate and win truck accident injury cases. We settle for nothing but the best results for our clients. If you sustained and injury because somebody else broke the rules, get in touch with a Burger Law Batavia, IL trucking accidents lawyer immediately at (779) 800-HURT or complete our online form to start on the road to being made whole again.

How Common Are Truck Accidents in Illinois? | Batavia, IL Truck Accident Law Firms

Sadly, a trucking accidents lawyer in Batavia, IL often has a high case load. As of 2020, there were over 70,000 licensed truck drivers in Illinois according to statistics from the U.S. Bureau of Labor Statistics, making it among the top 15 trucking states nationwide. In 2020 there were 9,966 truck accidents that involved injury or death in the state, according to data from the 2020 Illinois Crash Facts and Statistics report.

If you have been hurt in a truck accident due to another person’s negligent behavior, reach out to a Burger Law Batavia, IL trucking accidents lawyer immediately to go over your legal options.

How Are Truck Accidents Different? | Batavia, IL Trucking Accidents Lawyer

Truck accidents are markedly more dangerous than car accidents, specifically for drivers and passengers in smaller, passenger vehicles. On average trucks have 20 to 30 times more mass and stopping takes 20 to 40 percent more time than passenger cars. So, they deploy a tremendous amount of force in collisions and that reaction time is appreciably slower to hazards like tight traffic, accidents that already happened or weather conditions. Their size also means that trucks can be more difficult to evade and are probably going to crash into more vehicles if the driver loses control of the truck. Every Burger Law Batavia, IL trucking accidents lawyer has seen firsthand how truck crashes can be incredibly destructive.

The Federal Motor Carrier Safety Administration found that in 2019 there were 164,731 accidents that involved large trucks, which resulted in 5,074 deaths and 81,272 injuries. Although they make up just 2.4 percent of total motor vehicle traffic collisions, truck accidents accounted for 15.3 percent of total deaths and 4.2 percent of all injuries, according to crash statistics from the National Highway Traffic Safety Administration. Seventy-two percent of people who passed away in large truck accidents are occupants of other vehicles. The financial costs of being harmed in a truck wreck are often gargantuan, and that is why every Burger Law trucking accidents lawyer in Batavia, IL has spent their life delivering the best possible compensation for the vulnerable in Batavia and throughout Illinois.

Common Causes of Truck Crashes | Batavia, IL Trucking Accidents Lawyer

The Federal Motor Carrier Safety Administration released its groundbreaking Large Crash Causation Study in 2009. The study analyzed the causes and contributing factors of 18-wheeler accidents. After studying over 1,000 possible factors, they reached the following conclusions:

• Eighty-seven percent of wrecks involved “driver reasons,” either by the truck driver or another driver. The most common of those reasons are:
  • Prescription drug use, over-the-counter drug use, and illegal drug use or drunk driving
  • Speeding or driving too fast for conditions
  • Fatigue or distracted driving
  • Illegal maneuvers, improper evasive driving or aggressive driving
  • Unfamiliarity with the roadway or truck
• Almost a third of all crashes involved problems with the truck, for instance brake failure or defective tires.
• Environmental factors, such as:
  • Weather-related collisions
  • Traffic conditions
  • Roadway hazards
• Other factors, such as:
  • Overloaded trucks or incorrectly loaded cargo
  • The driver being pressured to operate even though fatigued
  • Illness

Regardless of the cause behind your crash in Batavia, IL, your Burger Law trucking accidents lawyer has seen it before. We will get to the bottom of your crash and hold the at-fault parties accountable.

Who Is Liable for My Truck Crash Injuries? | Batavia, IL Trucking Accidents Lawyer

In the majority of auto accident cases, you would make a claim against another Batavia, IL driver and their insurance company. In trucking accidents caused by human error, 56 percent of the time the negligent driver was the driver of a passenger car, not the truck driver. When your Burger Law trucking accidents lawyer carries out an investigation into your crash, they will find which driver is to blame. However, one of the things that makes truck accidents unique is that there are often multiple parties at fault. That is why you need a committed, seasoned and knowledgeable trucking accidents lawyer standing by your side.

Below are some examples of other parties in Batavia, IL your trucking accidents lawyer at Burger Law may be able to find liable:

The Trucking Company

Trucking companies have a duty to look out for our safety. They are required to:

• Hire drivers that fulfill the stringent requirements for Commercial Driver’s Licenses in Illinois. Neglecting to do so, or hiring a driver with a lot of traffic violations, amounts to negligent hiring practices.
• Confirm the safety of their trucks. Illinois and Federal Law mandates pre-trip and annual inspections performed by the driver and trucking company or third party, respectively. Not performing inspections or not fixing defective components are examples of negligence. Brake failures were a contributing factor in 27 percent of trucking accidents, contrasted with only 2 percent in other motor-vehicle accidents.
• Not overwork their drivers. The Federal Motor Carrier Safety Administration has an Hours of Service Guide for Truck Drivers that must be obeyed. Thirteen percent of trucking accidents involved driver fatigue as a contributing factor, often because an employer was pressuring the driver to drive off little rest.

We will acquire maintenance and driver logs when we get to work on your truck collision case. Your Burger Law trucking accidents lawyer in Batavia, IL knows how to acquire all the evidence required to prove your case.

A Shipping Company

Cargo must be adequately loaded onto trucks in order to ensure safety. Overloaded trucks or trucks with unequal weight distribution are more likely to rollover. Improperly loaded cargo can also spill onto Batavia or Illinois streets and result in multi-vehicle collision. Overweight trucks also need more time to stop, which hampers the driver’s ability to respond to conditions or hazards on the road.

Mechanics or Manufacturers

Manufacturers have a duty to safely manufacture their products and recall any parts when they discover it to be dangerous. The National Highway Traffic Safety Administration says that a recall is mandatory when a vehicle or vehicle equipment “does not comply with a Federal Motor Vehicle Safety Standard.” Failure to do so constitutes product liability. Burger Law’s trucking accidents lawyer team has seen every sort of personal injury case and knows how to win you the best possible financial recovery no matter the circumstances of your truck accident injury.

A Government Entity

If your truck accident occurred because of infrastructure that was poorly constructed or insufficiently repaired, your truck accident injury lawyer may help you make a claim against a public institution such as the Illinois Department of Transportation. If a guardrail suddenly swings in front of a motorist or a large crack in the concrete leads a vehicle to go airborne, causing a chain of events until you get in an accident, your truck accident attorneys will help you hold the local entity that oversees that property accountable.

To file a claim against a public entity in Batavia, IL, you must file a written notice or a lawsuit with the Attorney General and the Clerk of the Court of Claims no later than one year after the date of the injury. If you file a notice first, the lawsuit needs to be filed no later than two years of when you sustained your injury. If you or someone you love has been hurt because of a public truck driver or entity’s carelessness, do not wait. Call a Burger Law trucking accidents lawyer in Batavia, IL immediately so we can get started on your case right away.

Making a claim against a public entity in Batavia, IL is complex, but your trucking accidents lawyer at Burger Law knows how to apply the law to your case and collect the best possible compensation in even the toughest cases. Call our trucking accidents lawyer team today at (779) 800-HURT.

How to Choose Trucking Accidents Lawyer in Batavia, IL

You need a trucking accidents lawyer you can trust; an attorney who is dedicated to your claim and takes your recovery personally. You only have one shot to get maximum compensation, so finding the best trucking accidents lawyer in Batavia, IL is imperative. Below are a few of the things you should examine when looking at attorneys:

• Look for Referrals and Recommendations. The majority of trucking accidents lawyer teams will say that they are talented, tough on insurance companies and that they care about their Batavia, IL clients. No one knows an attorney’s abilities better than the people they have advocated for in the past. Burger Law is the most- and highest-reviewed trucking accidents lawyer team in the region. You can check out some of the great compensation we have secured for our clients in their video testimonials.
• Make a List of What Matters to You. It is preferable to have a checklist for your potential Batavia, IL trucking accidents lawyer. Some things you may want to examine are:
  • Their experience with your particular type of injury claim
  • If they have a demonstrable history of securing great compensation
  • Their qualifications, awards and accolades
  • If they will consistently keep you informed throughout your case
  • If they are willing to fight by your side and take your case to trial if if the insurance company will not offer a fair settlement
• Consider the Size of the Firm. A trucking accidents lawyer team at a large firm may seem like a better option because they have the resources and ability to frighten Batavia, IL insurance companies. That is not necessarily the case, and your claim might get lost in the shuffle at a larger firm. We stand out among Batavia, IL trucking accidents lawyer teams because we provide you with the individualized attention of a small firm, but still have the resources and network necessary to secure you great results. Insurance companies are afraid of us because they know that we insist on full compensation for our clients.
• Look at their Experience. While you want a Batavia, IL trucking accidents lawyer that is dedicated and compassionate, you will also want one that has experience taking on tough cases, fighting back against bullies like resistant insurance companies and collecting full compensation for their clients. Burger Law has over 70 years of combined experience — far more than many truck accident law firms — holding liable truck drivers and trucking companies accountable.
• Meet With Them. Every Burger Law trucking accidents lawyer works on a contingency fee basis. Rather than charging by the hour, we are paid by receiving a percentage of your final payout. What that means is our first case review and investigation are free, and there are no upfront attorneys fees. There is no risk in calling us to discuss your case with a Batavia, IL trucking accidents lawyer.

When you first meet with us, you will see why we have such a high opinion of our Batavia, IL trucking accidents lawyer team. Call us now at (779) 800-HURT so we can get working on your case straight away.

What Compensation Can I Be Awarded For My Injuries? | Batavia, IL Trucking Accidents Lawyer

The compensation you are awarded will depend on the seriousness of your injuries, the consequences they have had on your life, and the tenacity of your Batavia, IL trucking accidents lawyer. There are generally two categories of compensation if you were injured because of somebody else’s negligence.

• Economic damages, such as:
  • Lost wages
  • Lost or reduced earning potential
  • Medical expenses, such as:
    • Emergency room visits
    • Surgeries
    • Doctors appointments
    • Physical therapy
    • Medication
    • In-home care
    • Assistive devices such as wheelchairs or household modifications
  • Property damage, such as damage to your car
  • Transportation fees
• Noneconomic damages, which 735 ILCS 5/2-1115.2 defines as:
  • Pain and suffering
  • Disability
  • Disfigurement
  • Loss of consortium
  • Loss of society

The worse your injuries, the more time you’ll lose from work, the more medical costs you’ll have and the more you will collect in noneconomic damages. Every Burger Law trucking accidents lawyer knows how to get a Batavia, IL insurance adjuster, judge or jury to step inside your shoes and see the full repercussions your injuries have had on your life. Call Burger Law now at (779) 800-HURT to get a maximum financial recovery.

How Much Time Do I Have to File a Truck Accident Claim in Illinois?

In Illinois, the statute of limitations is relatively short at two years for the majority of personal injury cases, according to 735 ILCS 5/. That means you must file a claim within two years of when the truck accident transpired. However, there are two noteworthy exceptions:

1. If you were under the age of 18 at the time of injury, you have two years to file a claim after you turn 18.
2. If you had a “legal disability” at the time of injury, you have two years from the day the injury was “removed.”

Delaying could bring complexities to your case. Your trucking accidents lawyer will need to fully investigate the circumstances surrounding your injury in order to hold reckless parties accountable. Moreover, you need a financial recovery as soon as possible in order to completely heal and be made whole again. Do not delay. Call a Burger Law Batavia, IL trucking accidents lawyer at Burger Law right now at (779) 800-HURT.

Can I Still Receive Compensation in Illinois if I Was Partially At Fault? | Batavia, IL Trucking Accidents Lawyer

Yes. Your trucking accident lawyer might still be able to help you recover a financial recovery, but the sum will be lower. Illinois is a modified contributory fault state, meaning you will be compensated for the part of the crash that you are not at fault for.

Meaning, if a fact-finder gives you $100,000 in damages, but determines that you are 30 percent at fault for your injury, you will receive $70,000. It is important to note that 735 ILCS 5/ §2-1116 states that:

The plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50 percent of the proximate cause of the injury or damage for which recovery is sought.

That means that if you are more than 50 percent at fault for the accident, you cannot received any compensation in Batavia, IL. Your Burger Law trucking accidents lawyer will know how to prove that you are not responsible for the damage another person is liable for.

No one should have to carry the weight of emotional anguish, physical pain, lost wages and accumulating medical expenses all because somebody else broke the rules. At Burger Law, our Batavia, IL-based trucking accidents lawyer team fights hard for the injured and vulnerable throughout Illinois. We have committed our careers to making sure people in bad situations are not exploited by greedy corporations and deceitful insurance companies. When you hire a Burger Law trucking accidents lawyer, we begin working on your case at once and do not let up until you get every dollar that you deserve. You do not have to wait any more time to start on your road to healing and being made whole again. Call a Burger Law Batavia, IL trucking accidents lawyer immediately at (779) 800-HURT or contact us online for a complimentary consultation.