As far as motor vehicle accidents go, collisions involving large trucks are the most dangerous. The sheer size, weight, and lack of control of large commercial trucks can turn them into deadly objects if the driver loses control or another vehicle crashes into them.
Many truck accident victims are hurt or killed because of the negligent actions of another party. A Naperville truck accident lawyer from Rosenfeld Injury Lawyers can help you file your claim against the at-fault party to pursue fair compensation for damages.
Our law firm offers a free consultation with no obligation to every client so they can determine what is the best legal option after a truck accident leaves them injured or kills a family member.
Common Causes of Truck Accidents in Naperville
Semi-trucks and other large vehicles can collide with pedestrians or other vehicles for several reasons. In 2022 in DuPage County, there were 106 injuries and 4 deaths in accidents involving semi-trucks [1].
Types of large truck crashes may include jackknifing, left lane turns, wide turns, sideswipes, rear-end collisions, head-on truck accidents, and even rollover accidents. Some of the most common reasons these circumstances occur include the following:
Driver Error
Truck drivers could behave negligently and cause an accident. Perhaps they are experiencing driver fatigue due to long hours or are operating the vehicle under the influence. Truck driver negligence is a common cause of truck accidents, though the actions of other drivers can also play a role in causing a collision.
Equipment Failure
There are thousands of parts used in the creation of a truck. Sometimes, those parts are manufactured or installed poorly, leading to a malfunction while the truck driver is operating the vehicle. If equipment failure caused your accident, then you might be able to file a lawsuit against the manufacturer or repair shop responsible for the failed part.
An example would be if the braking system malfunctioned due to poor installment practices, causing the truck to run into the back of your vehicle.
Improper Road and Weather Conditions
Large trucks can easily get out of control if the road or weather conditions are poor. They take longer to stop, so slippery roads because of rain, ice, or snow are particularly dangerous. Additionally, a road that is not well-maintained could blow a tire and cause the truck to lose traction.
In either case, commercial truck drivers are still responsible for driving safely in these conditions, but the local government could be liable in your case for failing to maintain safe roads.
Why Choose Rosenfeld Injury Lawyers for Your Naperville Truck Accident Lawsuit
An experienced Naperville truck accident lawyer on your side is a valuable asset when filing a claim. If you believe the truck accident occurred because of negligent behavior, then you need to build a strong case to demonstrate that fact to recover compensation for your damages. A commercial truck accident attorney from Rosenfeld Injury Lawyers will know exactly how to proceed to build a strong case.
First, they will discuss the merits of your case with a free consultation. If you choose to be represented by our team, they will proceed to investigate the incident and start collecting evidence, such as witness statements and police reports.
Your truck accident attorney will also assess damages and negotiate with the insurance company to obtain maximum compensation on your behalf. If no settlement is reached, we will represent you in court as well. Your best chance to win a Naperville truck accident lawsuit is with our team on your side.
Common Truck Accident Injuries
A personal injury claim involving truck accidents in Naperville can be particularly brutal. Often, the injuries are severe, resulting in major changes to the lifestyle of the victim if they even survive the incident. Common injuries in truck accidents include:
- Traumatic brain injuries
- Neck injuries
- Spinal cord damage
- Soft tissue damage
- Crush injuries
- Broken bones
- Lacerations
- Amputations
- Internal bleeding
- Organ failure
- Death
How Do I Know I Have a Valid Truck Accident Case in Naperville?
The easiest way to answer this question is to call a Naperville truck accident lawyer at our law firm who can determine if you have a case. However, before you do so, there are a few things you can think about regarding the viability of your claim.
First, was someone else at fault for the accident? Could you prove this with evidence? Did you suffer damages due to a serious injury or wrongful death of a loved one and can provide evidence of those damages? If these things are in place, then you likely have a viable truck accident claim.
Trucking Accident Liability
The concept of liability is the key to winning maximum compensation from your personal injury lawsuit. It is essentially another word for fault. In a personal injury case, the victim can pursue compensation if the incident was the fault of someone else, either due to negligence, wrongful acts, or malicious behavior.
Illinois is a comparative fault state. That means the claimant in a personal injury lawsuit must be less than 50% at fault for the incident. If you are more than 49% liable for the accident in which you were injured, then you cannot seek compensation. The comparative fault will also impact how much money an insurance company pays to injured victims.
For example, if you were 20% at fault for the truck accident and the driver was 80% at fault, the insurance carrier may only offer a settlement of 80% of your assessed damages.
Who Can Be Held Liable for a Truck Crash?
Truck accidents are not always the fault of the drivers. Several parties could be at fault for a collision, many of which are third parties. Here are a few examples of people or entities that could be held liable for your truck accident in Naperville:
- Truck driver – If the person operating the truck acted negligently, then the accident was primarily their fault
- Trucking companies – The firm that employs the driver could be liable because of poor training practices, enforcing long hours, or being responsible for driver actions, all alluding to trucking company negligence
- Other drivers – A person operating another passenger car may have cut off or otherwise caused the truck to lose control, forcing it to collide with your vehicle
- Auto repair vendor – If the truck has been worked on and poor workmanship led to a malfunction causing the accident, the repair shop may be liable for your catastrophic injuries
- Truck manufacturer – The original manufacturer of the vehicle could be liable if there are design flaws or manufacturing errors causing the truck to lose control
- Government agencies – The government is responsible for road upkeep, so a lack of warning signs and unrepaired roads could cause accidents and make the government entity responsible for your accident
How Is Liability Determined?
The best way to determine liability in truck accidents is to hire a Naperville truck accident lawyer who will conduct a thorough investigation. This legal professional will have access to resources and contacts providing valuable information about the incident that may unveil what caused it.
For example, your lawyer may look into the vehicle maintenance history to see if any upkeep tasks have been skipped by the trucking company or driver.
How Can Truck Accident Victims Prove Negligence?
There are four factors that impact liability in truck accidents. To file a claim and win a settlement, these four elements must be present:
- Duty of care – The defendant had a level of responsibility to preserve the victim’s safety
- Breach of duty – The defendant behaved negligently and failed to uphold their duty of care
- Causation – There is a direct link between their actions and the incident that caused the victim’s injuries
- Damages – Provable damages occurred for the victim as a result of the incident
The Statute of Limitations for Truck Accident Claims in Naperville, Illinois
Understanding the statute of limitations in Illinois is crucial when filing a personal injury claim. The general limit for personal injuries and wrongful deaths in this state is two years. For a Naperville truck accident, that would mean two years from the date of the collision. If you wait until after that time to file your claim, then you cannot legally seek compensation.
A few exceptions are in place that can extend that timeline. If the defendant leaves the state or is hard to locate, that deadline might be extended.
Furthermore, if the defendant behaved particularly maliciously to cause the accident, then the time limit could be as long as five years for the victim to file. Though your priority after being in an accident involving a truck would be to seek medical attention immediately, a call to a Naperville truck accident lawyer should not be long after.
Damages Our Naperville Truck Accident Attorneys Can Help You Recover
Damages in a Naperville truck accident action will determine your maximum compensation package. More serious truck accidents lead to greater damages and larger settlements for victims. There are two primary types of damages: economic and non-economic.
Economic damages include medical bills, lost wages, funeral expenses for wrongful death, property damage, and even loss of financial support from a loved one. Non-economic damages include emotional suffering, ongoing physical pain, loss of quality of life, and loss of companionship.
There is a third type of damages in the legal system, known as punitive damages. These are only used in cases where the at-fault party behaved with particular malice or intent in harming the victim, and they are designed to deter this type of behavior from being repeated by the offender and others in the community.
Your Naperville personal injury lawyers will assess the level of damages you are eligible for in your claim.
Financial Compensation to Expect From Your Naperville Truck Accident Lawsuit
There is no perfect formula for estimating a settlement from truck accidents in Naperville. There are many factors at play, including the extent of damages, the type of insurance coverage of the defendant, the strength of evidence, the cause of the truck crash, and comparative fault.
At Rosenfeld Injury Lawyers, our track record of truck accident cases is very strong. For example, we won $18.5 million for one client who lost mobility after a head-on collision with a truck. In another truck accident, the victim was a motorcyclist who died as a result of the crash and we obtained $14.1 million for their family.
Contact Experienced Naperville Truck Accident Lawyers Today!
With a Naperville truck accident lawyer from our law firm on your side, you will have a much better chance of winning your case and obtaining compensation for any damages suffered. Whether your accident was caused by trucking companies, negligent drivers operating tractor-trailers, or government agencies, Rosenfeld Injury Lawyers can provide you with an experienced attorney to guide you through the claims process. We can help secure your financial future after suffering from life-altering injuries that require intense medical treatment and may have caused emotional distress.
Call us today at 888-424-5757 for your free consultation with an accident lawyer or fill out a contact form and we will get back to you.
Resources: [1] IDOT