Chicago Fatal Truck Accident Lawyer

Seek Justice for Serious Injuries in Truck Wrecks Leading to Fatality

Truck accident statistics show that 9 victims lost their lives in Chicago during 2023 due to tractor-trailer or semi-truck accidents, demonstrating the serious risk these commercial vehicles pose to the public. If you have lost a loved one due to a negligent truck driver, a Chicago fatal truck accident lawyer from Rosenfeld Injury Lawyers is here to support you. 

Contact us today for a free consultation about your wrongful death case. 

Truck Collision Settlements Recovered by Our Personal Injury Lawyers in Chicago

$18,500,000: Mia was driving along the O’Hare Expressway when she was in a head-on semi-truck crash. She suffered fatal injuries and died at the scene. Our Chicago truck accident attorneys reviewed the trucking company’s violations and found that they had failed to enforce federal regulations around hours of service.

$12,300,000: Jose, a union plumber, suffered severe injuries when an inexperienced truck driver backed into him. While he initially survived the incident, he later passed away from his crush injuries. Our experienced truck accident lawyers showed that the trucking company hired the driver despite his lack of the requisite training.

$5,800,000: Hannah and her mother, Rose, were driving along I-90 when they were struck by a large truck making an illegal left turn. Hannah died at the scene, while Rose suffered injuries to her head and neck that left her paralyzed. Our Chicago accident attorneys recovered compensation for Rose’s medical bills and Hannah’s passing. 

What Is the Average Payout for Fatal Truck Accidents in Chicago?

The average payout for a wrongful death truck accident claim in Cook County is $5,602,026. Factors that determine how much Chicago truck accident victims receive include who was responsible for the accident, the overall damages (such as lost wages, pain and suffering, and future medical expenses), insurance policies, and available evidence, such as medical records. 

Example Fatal Truck Accident Cases Filed in Cook County

Francesco Colella, 61, was working on a city water project on Chicago’s south side when he was struck and killed by a dump truck. Sam Inendino, the dump truck driver, had previously been cited for reckless driving, but JMS Trucking Co. hired him regardless. The Circuit Court of Cook County awarded Colella’s estate $9,264,600.00. 

Anthony Villa Jr., 57, a mechanic and father of five, was in a passenger vehicle operated by his daughter-in-law. They were driving on Harlem Avenue, turning left onto Lincoln Highway, in Matteson. While the daughter-in-law attempted a left turn, the vehicle was struck by a propane truck that had ignored a red light. Villa suffered multiple blunt force trauma injuries and died in the hospital two days later. The propane trucking agency’s insurance company settled with the family for $7,026,789.92. 

Keith Terry Jr., 22, was driving along Route 57 south of Chicago when traffic came to a stop due to another auto accident further along the route. William Weaver, who was driving a semi-truck, failed to slow down and slammed into Terry’s vehicle. The force propelled Terry’s car into another truck, killing him instantly. Police reports show that Terry was cited at the scene for failure to reduce speed. The trucking company settled with the family for $3,750,000.00. 

What Traffic and Personal Injury Laws Govern Fatal Accidents in the Trucking Industry?

All commercial truck drivers are subject to federal and Illinois trucking laws. Failure to adhere to regulations set by the Federal Motor Carrier Safety Administration and the Illinois Department of Transportation can result in catastrophic accidents. 

Distracted driving is one of the most common causes of truck accidents. FMCSA regulations prohibit commercial motor vehicle operators from using any handheld device while driving (49 CFR Subpart H), and the Illinois Vehicle Code also prohibits the use of handheld electronic devices (625 ILCS 5/12-610.2). An experienced Chicago truck accident lawyer can subpoena cell phone records to show that cellular usage contributed to the crash.

Another cause of tractor-trailer accidents is fatigued driving. Exhaustion can make it difficult for a driver to operate safely, which is why the FMCSA prohibits drivers from working more than 11 hours without 10 consecutive hours off duty (49 CFR 395). However, companies may attempt to circumvent this in order to get deliveries done faster.

Faulty brakes, damaged hydraulics, and other faults can lead to major truck accidents, which is why the FMCSA requires trucks to be regularly inspected (49 CFR 396). Trucks that fail inspections or are not properly maintained must be removed from service. A personal injury attorney from our firm will review truck maintenance records and consult with accident reconstruction specialists to determine whether improper maintenance contributed to the crash.

Chicago prohibits any driver from operating a vehicle in a negligent or unsafe manner, including swerving across lanes (9-40-140). If a fatal crash occurs, then the next of kin can initiate a lawsuit under the Illinois Wrongful Death Act (740 ILCS 180/). 

Potentially liable parties can include trucking companies, truck drivers, vehicle inspectors, cargo loaders, and vehicle manufacturers. Per the Illinois Supreme Court case McQueen v. Lavonta M. Green, employers can be both directly and vicariously liable.

The Survival Act also allows certain damages to be recovered after a person’s death, including medical expenses, lost income, and suffering before death (755 ILCS 5/27-6). 

Lastly, Illinois uses modified comparative negligence to determine potential compensation (735 ILCS 5/2-1116). This means every party in a truck accident case will be assigned a percentage of blame. As long as the estate is not considered more than 50% responsible, it is possible to sue for damages, but you will not receive maximum compensation if your loved one is not considered entirely blameless. 

How Long Do Families of Fatal Truck Accident Victims Have to File a Claim in Illinois?

The statute of limitations for a wrongful death lawsuit is two years after the victim’s death (740 ILCS 180/). 

FAQs

Who can file a wrongful death claim for truck driver negligence in Illinois?

Generally, the next of kin of the victim can sue for damages in a fatal truck collision case. Typically, this is the spouse, children, or children’s representative if they are under 18. If the victim had no spouse or children, the next of kin could be a parent or a sibling. Our Chicago truck accident lawyers will identify the next of kin and guide you through the legal process so that you can focus on healing. 

What are common truck accident injuries leading to fatality?

Due to the weight of a fully loaded semi-truck or tractor-trailer, many truck accident victims suffer catastrophic injuries. Common injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Crush injuries
• Internal bleeding
• Severe burns
• Exposure to hazardous materials
• Pelvic fractures

How Our Chicago Truck Accident Attorneys Can Help You Recover Fair Compensation

Our Chicago personal injury attorneys understand that losing a loved one in a truck accident is extremely traumatic, which is why we will handle the legal process while you focus on grieving. We will examine accident reports and medical testimony to calculate potential damages, then negotiate with the applicable insurance company to recover a fair settlement. 

We are members of the Million Dollar Advocates Forum, known for securing the highest possible compensation for grieving families. Our team uses a contingency fee basis, meaning that you owe us nothing unless we secure compensation for you.

You don’t have to go through the trial process alone. Our compassionate attorneys are here to support you and your loved ones through this challenging time. Contact us at (888) 424-5757 or use our online form to schedule a free consultation with our team. 

Sources: Law.com