The trucking industry plays a vital role in the economy, transporting every product and commodity Americans rely on. Unfortunately, when a truck accident occurs, truck drivers are often blamed, even when they are not at fault.
Our Chicago truck driver attorneys have provided drivers with legal support in a variety of trucking accident cases. Read on to find out how we can help with yours.
Understanding Truck Drivers’ Rights Following an Accident
Under the Illinois Vehicle Code, truck drivers must stop and report any crash from the scene. They also have the right to photograph and document the crash, including using dash cams.
Illinois follows a modified comparative negligence law when it comes to financial recovery for truck drivers. In the event that the other party is less than 50% at fault, you will only be able to recover economic damages.
Non-economic damages, such as pain and suffering, can add a lot to your settlement amount, so not being able to recover this type of damage can reduce your overall settlement.
Types of Cases Our Commercial Truck Driver Lawyers Handle
Rosenfeld Injury Lawyers is well prepared to handle cases involving the following common scenarios:
- Trucking accidents – Our attorneys have experience defending truck drivers and other accident victims involved in truck crashes.
- Workers’ compensation disputes – If your job offers workers’ compensation benefits but fails to give you the compensation you’re entitled to, our attorneys can help.
- Cases against trucking companies – Sometimes, injured truck drivers need to hold trucking companies or warehouses accountable, and we can help.
- Premises liability cases – If unsafe conditions at a warehouse, distribution center, or cargo-loading zone cause an injury, you might have a premises liability case.
The Most Common Injuries Sustained by Commercial Truck Drivers
The most common injuries sustained by commercial truck drivers include the following:
- Knee injuries
- Spinal cord injuries
- Traumatic brain injuries
- Neck injuries
- Whiplash
- Broken bones
- Back injuries
- Repetitive stress injuries
The Importance of Hiring a Truck Driver Lawyer Following an Accident
While anyone facing serious injuries as the result of a car crash should seek the help of highly experienced attorneys, that is especially important for truck drivers. Truck drivers can easily lose their commercial driving licenses, forfeit their jobs, and stare down significant career challenges if they give up their CDL and lose a civil case in court.
Plus, the injuries sustained in a truck crash tend to be much more severe, and the size of potential claims against truck drivers could significantly alter their lives. That’s why it’s important to seek the help of a law group that has expertise working with truck drivers as soon as possible.
How Our Truck Driver Attorneys Can Help
Our truck driver attorneys in Chicago, Illinois, can help
- provide you objective legal advice and information about your options for seeking compensation under the laws in Illinois;
- represent truck drivers in civil claims;
- negotiate with insurance companies and opposing parties;
- seek fair compensation for damages and suffering; and
- ensure workers’ compensation is correctly paid.
Damages a Commercial Truck Driver Lawyer From Our Team Can Help You Recover
There are different types of damages that can be pursued by truck drivers after accidents, depending on the specific circumstances of the case, who is filing the claim, and which parties can be held accountable.
Economic Damages
Economic damages refer to tangible losses that a commercial driver incurred as a result of the accident, including the following:
- Medical bills
- Lost wages
- Lost earning potential
- Property damage
If you work as a truck driver for a trucking company, you might be entitled to workers’ compensation benefits through your employer. While workers’ compensation benefits won’t cover non-economic damages, workers’ compensation benefits can cover some of your economic losses, especially medical bills and lost wages.
If your employer is giving you a hard time about accessing your workers’ compensation benefits, the best course of action is to contact a workers’ compensation attorney as soon as possible. Our experienced lawyers can help you get the money you’re entitled to under Illinois law.
Non-Economic Damages
In addition to economic damages, commercial drivers could be entitled to non-economic damages from truck accidents and other injuries sustained while working as a commercial driver. Non-economic damages are not directly related to financial losses but rather to calculations that reflect other factors of your injury. These include the following:
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement
- Emotional distress
In some cases, a judge may award a form of non-economic damages, called punitive damages, to a case where the at-fault party acted especially recklessly or dangerously. This type of damage is intended to punish the at-fault party and dissuade similar behavior in the future.
Wrongful Death
If you lost a spouse or family member as a result of a truck accident, you can file a wrongful death case in court to seek compensation for your loss. The types of damages that can be recovered include the following:
- Medical bills
- Loss of income
- Loss of society
- Loss of consortium
How Much Compensation Can Our Truck-Driver Accident Lawyers Help You Secure
When it comes to how much compensation you can expect from your Chicago injury case, it is important to note that there is no go-to settlement amount for truck accident claims in Illinois.
While every case is different and recovers varying amounts of compensation, our Chicago truck accident attorneys have successfully recovered multi-million settlements on behalf of many truck drivers.
In one case, we recovered $5.75 million for a truck driver who sustained crush injuries to his pelvis and legs while unloading cargo at a distribution center. We helped determine that the logistics company was at fault, and the company’s insurance carrier paid the settlement.
Parties That Can Be Liable in Cases With Injured Commercial Truck Drivers
There are a number of different parties that can be found liable in cases involving truck drivers. A truck driver injury lawyer from our team can help determine who the at-fault parties should be in your case, based on the evidence.
Some parties that are commonly held liable include the following:
- Trucking companies – The trucking industry must adhere to restrictive regulations for the operation of commercial trucks, including following hours-of-service operations that limit how long truck drivers can work on the job. If your employer has policies that endanger drivers and result in an injury, it is possible to hold the employer liable for compensation.
- Other truck drivers – Truck drivers can hold other truck drivers liable for their injuries, medical bills, and lost wages, if the actions of the other driver led to an accident.
- Drivers of another vehicle – Passenger cars and motorcycles are frequently involved in truck accidents. They do not have to be commercial drivers to be held responsible in a truck-accident case.
- Motor carrier – If you work for a motor carrier, you can hold them responsible even if they are not your employer. Many truck drivers own and operate their own trucks and work under contract for motor carriers. The motor carrier can also be held liable.
- Parts manufacturers – If a faulty or defective part interferes with the safe operation of a commercial vehicle, it is possible to hold the parts manufacturer responsible.
- Government agency – Government agencies that have a duty to maintain roads to protect drivers can be held liable if poorly maintained roads contribute to your accident. They can also be held liable if your accident involved government-owned vehicles.
Commercial Drivers Have Limited Time to File a Claim
The statute of limitations is the amount of time that you have to file a claim for compensation after an injury. Under Illinois law, the statute of limitations for personal injury, product liability, and wrongful death cases is two years from the date of injury or death.
This means that you have just two years to file a claim, collect evidence, and potentially argue your case in court. If you wait until after this time, you won’t be able to move forward. For this reason, it is important to hire an attorney as soon as possible to protect your right to seek compensation.
How Long Does It Take to Settle Claims Involving Injured Truck Drivers
There isn’t a go-to timeframe when it comes to resolving personal injury cases involving injured truck drivers. Some cases settle quicker than others. Even cases with similar circumstances and injuries may take different amounts of time to settle.
Generally, personal injury cases with more catastrophic injuries and more significant losses tend to require more time to make it through settlement and/or the court system. Truck accidents often result in more damage and more serious injuries than accidents only involving smaller vehicles. As a result, these kinds of cases can take longer to settle.
Additionally, the insurance coverage, evidence, and witness testimony available can make a difference in how long it will take to settle. Stronger cases with insurance companies are more likely to settle through mediation before court and will take less time from start to finish.
The Cost of Hiring a Commercial Truck Driver Attorney
Rosenfeld Injury Lawyers works on a contingency fee basis. This means that you do not have to pay anything up-front or out of pocket for our services. Instead, the experienced lawyers at our law group only get paid when they help you recover compensation in your personal injury case.
Contact a Truck Driver Accident Attorney Today!
Schedule a free consultation with Rosenfeld Injury Lawyers by filling out our contact form or calling us toll-free at (888) 424-5757. Our law firm has helped many clients move toward financial recovery, securing millions of dollars as a result of injury lawsuits. We can help you, too. A member of our team is available 24/7 to answer your call.