According to the Center for National Truck and Bus Statistics, each year in Illinois there are about 5,500 non-fatal truck accidents, and more than 170 fatal ones. In fact, one of every eight traffic fatalities is caused by a collision with a large truck. Most deaths that occur in these accidents are the passengers of the automobiles.
Trucking litigation involves claims against negligent truck drivers as well as the companies who hire them. Legally, a driver of a large truck is considered to have an even greater standard of care than other drivers because of the injuries that their large trucks can cause. Collisions caused by a trucker's negligence can lead to the most catastrophic injuries on the road.
In general, truck negligence falls into two categories: driver error and vehicle maintenance failure. The most common cause of driver error is fatigue, which can cause clouded judgment, drowsiness, and falling asleep at the wheel. Driver error can also be due to inexperience, improper driver training and driving under the influence of alcohol or drugs (whether prescription or illegal). Deregulation of the trucking industry has resulted in an increase in speed-limit violations among tractor-trailer drivers as well.
Other common causes of tractor-trailer accidents include:
- Overloaded trucks
- Oversized trucks
- Driving in conditions of poor visibility due to fog, snow, rain, or smoke
- Truck driver inexperience
- Speeding over the limit or driving at high speeds beyond the road and weather conditions
- Failure to yield the right of way
- Aggressive driving behavior
Survivors of collisions with tractor-trailer trucks often require a lifetime of care due to traumatic injuries, including traumatic brain injury or other brain damage; open head wounds; paralysis; spinal cord injury; back injury; broken bones; loss of limbs, and internal bleeding. In addition, there are lost wages, pain and suffering, and medical expenses.
Because trucking companies and insurance adjusters realize that there is great potential for major lawsuits when a tractor-trailer is involved in an accident, they quickly gather evidence and experts so they can immediately start preparing their case. It can also be difficult to determine who the defendant is in such cases. For example, if the truck driver falls asleep at the wheel, then the driver is at fault. If the truck crashes because it is overloaded, the company the driver works for could be found at fault. If the truck is speeding, both the driver and the company could be listed as co-defendants if strict or unreasonable deadlines were set for the driver. And if the tires blew out, causing the truck accident, the tire manufacturer or distributor would be named as a defendant.
If you or someone you know has been seriously injured in a truck accident, it is essential that you quickly retain an attorney who has experience in litigating truck accident cases. Salvi, Schostok & Pritchard P.C. is on your side, and we are prepared to help you through this difficult litigation while seeking financial compensation for your losses.
We handle cases nationally with offices located in Illinois and Wisconsin.
Please contact our office for a free, no obligation consultation.
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