When you are in an accident with a commercial truck driver, you might assume that all of the liability is on the driver. Depending on the circumstances surrounding the accident, however, you may actually be able to hold the trucking company accountable for your damages. It makes sense given that companies are usually responsible for their employee's actions while on the job. These situations can get complicated, and determining who is liable for a truck accident may not be as simple as it first appears.

Truck accidents are complicated by the fact that it is difficult to determine whether the driver of the truck or the trucking company itself is responsible for any injuries or damages caused by the accident. Liability for any damages that occur may fall on the driver or on the company depending on the details surrounding the particular accident.

If you have been in an accident involving a commercial truck you should contact an experienced accident lawyer as soon as possible. Our attorneys at Ktenas Injury Lawyers can help you navigate the complications that will come up in determining liability and getting the payment you deserve for your damages. Call us today at (312) 300-2515 or contact us online to schedule an appointment for a free case consultation.

What Determines Liability? 

Determining liability in an accident with a commercial vehicle is a complex issue, but it is also a critical step for your case. The situation is rarely as straightforward as filing a claim with the driver's insurance company when you are seeking compensation for damages, medical bills, and lost wages. With multiple parties involved, things can get messy, and liability will be determined based on a number of factors. These may include:

• The driver may be liable for driving too many hours
• The trucking company may be liable if they have not properly maintained their vehicles or trained their drivers
• The parts manufacturer the trucking company contracts with may be liable for a defective product

There are an incredible number of possibilities that come into play when determining liability in a commercial trucking accident. If you are unfamiliar with previous cases and the law that governs these situations, it can be nearly impossible to handle your case in a way that sees you receiving fair compensation. Hiring a dedicated and experienced Chicago truck accident attorney will help you navigate this complicated situation with less stress, and let you focus on your recovery.

When Are Truck Drivers Liable for Damages from a Truck Accident?

If a truck accident occurs while a driver is acting within the scope of their employment, they typically are not liable for the damages caused. Liability will typically fall on the trucking company even when a truck driver is at fault. That said, there are situations in which a truck driver might be financially liable for the damages that result from a truck accident. These can include:

Independent Contractors

Trucking companies would historically use this employment classification as a loophole to shield themselves from liability in accidents. By leasing trucks and listing drivers as independent contractors, they could often dodge any blame in an accident case and put it squarely on the driver. 

Current federal law requires trucking companies to have exclusive control and use of the equipment throughout the life of the lease, and puts responsibility for the operation of the equipment back onto trucking companies.

While these regulations largely make the independent contractor defense invalid in commercial truck accidents, it is still common for defense attorneys to try to apply it in court.

Was the Driver Acting Within the Scope of Their Employment Contract?

A trucking company may avoid liability for an accident if the driver was acting outside their role as an employee. There are a number of outside factors and laws that can rule over this, but some common factors in determining if this is the case include:

• The intent of the employee
• When and where the employee was involved in the accident
• The specifics of the job the driver was hired to perform
• Additional actions that could reasonably be expected of the employee while on the job

A truck driver found to be acting outside the scope of their job may be held liable for the damages of an accident they are involved in, either fully or in part. This determination will be left to the court to decide after examining the driver's duties at work, the time and location of the accident, and other details that may come into play.

An experienced accident attorney can anticipate this as a potential issue in your case and develop a plan to manage it.

The Driver Acted Negligently

If the driver is found to have made decisions that were deliberate and negligent, and directly lead to or contributed to the accident, they may hold liability for damages. These types of behaviors include:

• Speeding
• Reckless driving
• Driving while intoxicated

When Are Trucking Companies Liable for Damages from a Truck Accident?

State and federal laws require trucking companies to comply with a number of factors concerning truck maintenance and operation, hiring, and training. When one of their drivers is involved in an accident, they can be held liable if they don't comply with those rules. Factors that make trucking companies liable for accidents can include:

Poor Truck Maintenance

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which requires trucking companies to maintain their trucks in roadworthy condition. Regular inspections of trucks are required of. Trucking companies, as well as making immediate repairs and performing preventative maintenance.

Poor maintenance practices by trucking companies can put their drivers and people on the road at risk for accidents and injuries. This is particularly true when there is a mechanical breakdown. Truck features can lead to dangerous and deadly truck accidents if they aren't properly maintained, including:

• Routine tire maintenance to include rotations and replacements of worn units to prevent blowouts
• Maintaining proper fluid levels and ensuring the integrity of other parts of the braking and steering systems
• Keeping the lights, mirrors, and windows of the trucks in working order for proper visibility; both for the driver and other motorists

If it can be proven that a mechanical failure due to improper maintenance caused or contributed to the truck accident, the trucking company may be held liable for damages. 

Hours of Service Violations

Commercial truck drivers have a cap on the number of hours they can drive each day and each week set in place by the FMCSA, known as Hours of Service (HOS) regulations. The HOS regulations also establish mandatory breaks for drivers before they are permitted to resume driving. They require truck companies to enforce these rules, or be subject to fines and other penalties. The FMCSA has also made it a requirement for trucking companies to install electronic logbooks in their trucks to comply with HOS regulations.

There are some truck companies, however, that have found workarounds for the logbooks and will push drivers to work beyond their HOS hours. These overworked and fatigued drivers are more likely to become involved in accidents. Companies that encourage or force HOS violations can be held liable for damages in an accident caused by a tired driver. 

Poor Hiring Standards

A trucking company has a legal responsibility to hire safe drivers who are qualified to drive and operate specific vehicles. Companies may find themselves liable for accidents caused by drivers that were hired due to poor standards. These negligent hiring practices can include: 

• Hiring a driver who does not hold the necessary Commercial Drivers' License (CDL) qualification
• Failure to conduct a proper background check on a driver, including a search of their driving record
• Hiring a driver who has a demerits on their driving record, particularly for DUIs

Issues with Cargo

Many trucking companies have employees that load cargo onto their trucks. The FMCSA has rules and requirements in place to ensure safe transit of goods and materials on a truck or trailer. Loaders are required to secure cargo so it doesn't shift during transport, and each truck and trailer has specific weight and balance requirements. In the event of an accident caused by a truck's cargo spilling onto the road, the trucking company may be held liable if they failed to properly train their employees to secure cargo. Alternatively, if the employee who loaded the cargo made a negligent mistake that lead to the accident, they may be held liable. 

Learn More: Do You Have to go to Court for a Truck Accident Claim?

Hire an Experienced Car Accident Attorney

Many of the most dangerous accidents on the road involve a commercial truck. These can carry higher medical costs to those involved as well. A loaded semi-truck is more likely to cause a violent impact that causes serious property damage and a higher possibility of death or grievous injury. In the aftermath of a truck accident, you shouldn't have to suffer financially. The talented personal injury lawyers at Ktenas Injury Lawyers have experience advocating for truck accident victims and will handle your case with the dedication needed to get the compensation you deserve.

Call us today at (312) 300-2515, or contact us online, to set up an appointment with a car accident attorney for a free case consultation!

Every year thousands of Illinois residents are injured and dozens are killed because of large truck accidents. Most truck accident victims have to deal with catastrophic injuries, unexpected medical expenses, property damage, and other devastating consequences after a trucking accident.

If a trucking company, truck driver, or another entity’s negligence causes a truck crash that harms you or your loved one, they can and should be held responsible. Many people wonder if it is worth hiring a truck accident lawyer after experiencing this. A seasoned truck accident lawyer like those at Ktenas Injury Lawyers knows this, and our legal team is ready to fight for you. We'll demand justice by filing a personal injury claim against the at-fault party and their insurance company and pursuing maximum compensation for your physical injuries and financial damages.

Call us today at (312) 300-2515 or contact our personal injury law firm online to learn more about how our experienced truck accident injury attorneys can help you.

Why Should I Hire a Truck Accident Lawyer?

Legally, being hit by an 18-wheeler truck differs from being hit by a car. If you’ve been injured in an 18-wheeler accident, there are many more legal implications and your truck accident case may be worth a lot more than if you were injured by another car. Often, the insurance company representing a commercial truck operator, or trucking company, will offer the injured person a low-ball settlement offer right away. This will prevent any truck accident lawsuit from developing and it ensures the responsible parties avoid a large payout. Before accepting any settlement offer, always consult a trusted truck accident injury lawyer.

Here are five reasons why hiring a trucking accident attorney is worthwhile.

Trucking Insurance Policies Are Complicated

In a typical auto accident case involving two passenger motor vehicles, the injured party often seeks compensation from the at-fault party’s insurance carrier. However, if you’ve sustained bodily injuries in a collision involving a commercial vehicle, it's imperative to note that multiple at-fault parties and insurance policies may come into play.

The trucking company that hired the truck driver will most probably have liability insurance. Also, the truck driver may have his or her own insurance policy. Further, it's vital to note that commercial vehicles are also covered by vehicle-specific insurance policies, and the cargo they haul might be insured as well.

Filing an insurance claim with one insurance company is complicated enough, but dealing with multiple insurance providers at once is daunting, especially if you're not familiar with the legal process. The insurance adjusters’ job is to protect their company’s bottom line. They might do this by minimizing your accident claim or denying you financial compensation entirely. Without the help of an experienced truck accident attorney, you could be stuck in a bureaucratic nightmare with piles of paperwork from multiple insurance claims. This is extremely frustrating, especially when you're trying to recover from your truck accident injuries.

Again, commercial truck insurance policies typically have higher insurance policy limits to cover the catastrophic damage and severe injuries that often arise when large trucks are involved in crashes. Thus, insurance providers have even more motivation to minimize or deny truck accident claims when large payouts are involved. This isn't a legal battle you want to fight on your own. A truck accident lawyer with extensive experience handling hundreds of thousands of truck accident claims has the skills, knowledge, and resources necessary to prove your accident claims.

Truck Crashes Often Cause More Damage

When a heavy truck collides with a passenger vehicle, it causes traumatic injuries and property damage. Often the truck driver walks away from the collision unscathed, but the occupants in the smaller motor vehicle sustain fatal injuries.

Unfortunately, the trucking company, truck driver, and their insurance providers might fight back against your personal injury claim. They might deny causing the crash, delay dealing with your personal injury claim, or may even try to blame you for the collision to avoid paying what you’re entitled to.

With a lot on the line, it’s essential to hire an experienced truck accident attorney to represent you and protect your rights. The liable parties and their insurers will have truck driver accident lawyers on their side who will do nothing but defend them against liability claims. Thus, you should also have qualified legal counsel looking out for your interests and fighting for you.

Multiple Parties Might be Liable for Truck Crashes

Some trucking accidents involve commercial truck drivers who are owner-operators, which means they're self-employed drivers who own their own 18-wheeler trucks. If an owner-operator causes a commercial truck crash, they alone are liable for accident-related financial damages.

However, most truck drivers work for companies that own multiple trucks or even large fleets of trucks. Also, there are other entities, such as cargo loading companies, truck manufacturers, third-party maintenance companies, and even the company that owns the cargo could bear some liability following a truck accident.

Proving fault in a truck accident claim is daunting and thus identifying all at-fault parties after a truck accident typically requires the help of a dedicated truck accident lawyer.

A Truck Accident Lawyer Can Help You Develop a Solid Legal Strategy

An experienced attorney is familiar with the unique challenges the truck crash cases present and will develop solid legal strategies to increase your chances of success.

When you hire a personal injury lawyer from Ktenas Injury Lawyers to represent you, they'll build a strong legal strategy to give you the best chance at success by:

• Gathering vital evidence of liability from truck accident reports, Electronic GPS, driver logbooks, trucking company maintenance records, cell phone records, background investigations, and witness statements.
• Estimating the value of a fair trucking accident settlement by accounting for all of your accident-related costs, including your medical bills, the cost of replacing or repairing your vehicle, and physical and mental pain and suffering.
• Working with medical professionals to assess your physical injuries and estimate the cost of future medical treatment.
• Negotiating with insurance providers on your behalf and handling settlement negotiations from start to finish.

Contact Our Experienced Truck Accident Lawyer Today for Legal Advice!

If you’ve been injured in a crash with an 18-wheeler truck, don’t trust your truck accident injury claim to just any lawyer. Often truck crash cases involve traumatic injuries, multiple responsible parties, and other entities who will fight fiercely to protect their bottom line. You deserve fair compensation for your injury claim to cover your present and future medical bills, lost wages, property damage, emotional distress, and other financial losses. With an experienced truck accident lawyer by your side, you can recover peacefully knowing that your case is in able hands.

Turn to the experienced legal team at Ktenas Injury Lawyers and let us get you the maximum compensation you deserve. Call us today at (312) 300-2515 or reach out to us online for a free initial consultation.

In the US, the trucking industry is frequently used to transport products all around the country. Higher than seventy percent of annually transported freight passes through the road network via trucks. With an increased number of trucks traveling all over the country, there is always a high risk of commercial truck and passenger vehicles getting into an accident. Because of the difference in size between a truck and a car, individuals in passenger vehicles are in a lot more danger. Every year commercial vehicle accidents claim many lives.

One of the critical questions individuals have is ‘Why are truck accidents more serious than other accidents?’ Aside from the size of the vehicle, one of the other factors to consider is the weight of these vehicle types. The weight of a tractor-trailer can go up to eight thousand. That is like sixteen times the average size of an average passenger car. While putting this into consideration, it does mean that if a truck makes one wrong move on the road, it can lead to catastrophic injuries and major fatalities.

One other thing is the braking ability of a truck. It is not that good. They take a while before they can come to a stop. Because trucks can take a while to break, turn widely, and are unable to move in and out of tough spaces in order to avoid a car that has stopped suddenly or something that has blocked the road, they have a high likelihood of getting into a crash.

Contact Ktenas Injury Lawyers today for a 100% FREE consultation and get your case started!

The Most Common Reasons Why Truck Accidents Occur

There are plenty of different reasons why trucking accidents occur. Here are some of the common causes of truck accidents.

A Bad Driver

When a negligent truck driver ignores the traffic rules and is aggressive on the road, they can easily cause a motor vehicle accident.

Improperly Loaded Cargo

A truck that is not correctly loaded can shift and slip off or overturn, leading to individuals who are behind the truck getting injured.

Fatigue and Exhaustion

Big truck drivers travel long distances and can get sleep-deprived. Truck drivers getting exhausted and being sleep deprived is a major cause of car accidents. Some laws have been passed that dictate how long a commercial driver can be awake on the road. Even so, there still companies that encourage their employees to break these laws so they can deliver shipments quickly.

Drunk Driving

Compared to other drivers on the road, truck drivers have a lower blood alcohol content legal limit. When a commercial driver has a blood alcohol content of 0.04 percent or higher, they are considered to be driving under the influence. Because they have higher standards than other drivers, it is advisable for them not to drink and drive.

However, if you have been accused of a DUI and you feel that the BAC level was all wrong because of a malfunction of one of the testing devices, you should you may need to contact a criminal lawyer. Getting charged and convicted of a DUI charge even as a first-time offender can lead to you having to change careers.

A Truck Stopping by the Road

Stopping a car by the roadside can lead to an accident, especially if the driver that was driving a passenger vehicle or a car does not see it in time.

Squeeze Play

Squeeze play happens when a truck driver makes or is in the process of making a right turn. When a passenger car is caught in between the curb and the truck, it can end up in serious injuries to the individuals in the vehicle, or it can lead to death.

Most Common Types of Truck Accidents

Trucks can be involved in various types of accidents because the vehicles are kind of unique. Some accidents are more serious compared to others. Here are the most common types of accidents.

Tire Blowouts

When tire blowouts occur, it can result in the vehicle moving in a manner that is unpredictable and uncontrollable. When a passenger vehicle moves in this manner, it is serious. It is even more serious with a track since it weighs a lot of pounds compared to a passenger vehicle. The reason why tire blowouts occur is because of poor maintenance practices of the tire. Maintenance practices such as checking if the tires are adequately inflated; hence the accident occurs.

Aside from resulting in the vehicle losing control when the accident occurs, tires can be sent flying in the air. When the tires come off, it can result in other drivers and road users in traffic getting hurt.

Blind Spots

Vehicles have blind spots. Blind spots are areas that cannot be seen on the side mirrors. Because of the trailers connected to the cab tracks, unlike other vehicles, they cannot look over their shoulders to confirm if there are blind spots. Truckers not noticing a blind spot will result in them making a lane change that is not safe. Passenger car drivers should avoid driving into the large blind spots that the big trucks have. In the likelihood that a truck makes a wide turn while attempting to make a lane change when the car is in the blind spot of the truck, it will not be able to escape if a collision occurs.

Underride Accidents

A truck can stop all of a sudden. If that happens, the truck may not have enough time to come to a halt and can result in the vehicle causing impact in the back of a truck. As a result, most vehicles end up underneath the back end of the truck. This kind of accident is known as an underride accident. This is one of the most serious truck accidents and can result in loss of lives to the people in the passenger vehicles and severe injuries.

As a result of an accident, most truck crash injuries and fatalities will affect passengers in the other vehicle more than truck drivers. Drivers in passenger vehicles need to be more vigilant to avoid a collision that can prove to be fatal.

What to Do After a Truck Accident

After a truck accident, it is uncommon for individuals to come out of the accident without an injury. You must make sure that you are in good health. Also, you need to make sure that you get in touch with an experienced truck crash attorney that will help get compensation for injuries after an accident. When a truck accident occurs, most trucking companies want to protect their interest and make sure they do not suffer losses. For that reason, they hire an aggressive defense and expert witnesses during cases that involve truck accident claims. 

So you can have a better chance of getting compensated by an insurance company after a truck accident, it is important to seek the service of experienced truck accident attorneys. A truck accident lawyer will discuss possible strategies with you and work with you to represent your interests if you go to trial. Call our attorneys today at (312) 300-2515 to schedule a free consultation for your truck accident claim.

If you’re involved in a motor vehicle traffic accident involving a commercial vehicle or a large truck, it can have a devastating impact on your life. Commercial trucks can cause catastrophic personal injuries and property damage, so you need to know what to do at the scene of a truck accident.

Being involved in a commercial truck accident can leave you confused and not thinking clearly. Despite all this, it’s essential to know a few things you should always do after a tractor-trailer accident.

What are the First Few Things you Should Do at the Scene of a Truck Crash?

The moments after the initial impact are often the most dangerous, especially if the motor vehicle accident involved large trucks. The hazards that you must look out for are many. But remember that the size of the truck obstructing the roadway can make it challenging for passing motor vehicles to observe survivors.

Depending on what cargo the truck is carrying, and if there has been an associated spill, the road conditions can also make roadways dangerous for other vehicles on the road. Also, if there are any blind spots and potentially harsh weather conditions, be cautious, because survivors of the initial truck accident can be struck by passing motor vehicles.

Following a truck accident, remain calm as you determine whether you and the others involved in the accident are injured. If it is safe to do so, stay in your vehicle and turn your hazard lights on. Don’t move injured people because it can worsen their injuries.

Stay At The Accident Scene

Leaving the accident scene in some states constitutes a hit-and-run. Thus, following a truck accident, remain at the scene until the police and medical help arrive.

If you’re in traffic, move your vehicle to safety if you can. If you’re already in a safe place, don’t move your car. This allows you to preserve the evidence of what caused the crash and the damages and truck accident injuries resulting from the wreck.

Seek Medical Treatment

You must seek medical attention after an accident, no matter how you feel. Although truck crashes typically cause catastrophic bodily injuries, your adrenaline could prevent you from noticing an injury or feeling pain.

If you don’t receive medical care at the scene of the crash, or you aren’t immediately transported to the hospital, you must visit a doctor as soon as possible after the accident.

A doctor should check you to establish the injuries you sustained if any. Not seeking medical care or following through with the recommended treatment can interfere with your ability to seek financial compensation for your personal injuries later.

Identify Other Parties Involved in the Crash

If you’re not injured after the truck accident, identify damage to the truck and other vehicles involved in the wreck.

The truck driver may be liable for the crash, but the trucking company may also be liable for your bodily injuries or the damage to your car.

This information is vital in ensuring all potentially responsible parties are held accountable for their role in causing the crash.

Exchange Information with the Other Drivers

Communicating with all parties involved in the accident is critical. To recover the financial compensation you’re eligible for, you must know basic things about the driver who was responsible for the crash.

At the crash scene, collect the following information:

• The names and contact information of other parties involved;
• Their insurance company and policy number
• Their driver’s license number.
• Relevant information about the trucking company.
• This information is crucial to the outcome of your personal injury claim. Ask anything you think is relevant, you can never go wrong by gathering too much information following your truck crash.

Take Videos, Photos, and Audio for Evidence

Immediately after the truck accident, the accident scene provides the best opportunity to capture as much evidence as possible to prove that you suffered bodily injuries and property damage because of another party’s negligence.

Also, this is the best time to build your truck accident claim. Take as many photos of the damage to all motor vehicles involved as you can, take pictures of any significant landmarks or intersections, and capture skid marks and other details that can help tell the story of what caused the truck accident.

Videos are the best form of evidence available because you can pull still images from your videos.

Also, video narrations or audio recordings from your videos can offer a better solution than just an image. As soon as you can, record an audio account of everything you remember from the truck crash. Having all of this evidence at your disposal is essential because details change or are forgotten over time. Often, truck accident lawsuits take months or more to settle. So preserve your evidence safely, share it with your truck accident attorney, and make backups.

Check for Truck Accident Witnesses

Remember to check for witnesses at or near the truck accident scene. Collect witness statements yourself, or you can ask eyewitnesses for their contact information. This way you'll get more details about the truck collision from the witnesses in the future.

These witnesses can testify on your behalf. Often, having eyewitnesses can make or break a personal injury lawsuit.

Further, the accident report provided by the responding police officer may include eyewitness statements as well.

If possible, collect this information from witnesses:

• Their name and phone number,
• Driver’s license number,
• Vehicle registration number,
• Name of insurance provider, and
• Motor vehicle insurance policy number.

What Are Some Things You Should Never Do at the Scene of a Truck Accident?

Whatever you do, following the truck crash, don’t accept liability. Don’t even say sorry, even though it seems innocent.

A witness might have seen the other driver texting while driving. Maybe a stoplight had malfunctioned and was marked for repair. Even if you think you might be partially liable, take some time to ask all the right questions, and stay calm.

Also, after the accident, an insurance adjuster will contact you. Be cautious about what you say to the insurance company representative following the truck accident because anything you say can be used against you.

If possible, speak with a truck accident lawyer before talking to an insurance adjuster. Your truck accident attorney will advise you on what to say. Often, truck accident lawyers handle all the communications with the insurance adjusters themselves. If the insurance adjuster asks for a written statement, decline until you have spoken with your truck accident attorney.

You must cooperate with the insurance company, but this doesn’t mean you give them an official statement.

What Should I Do in the Days Following a Truck Crash

Days after the truck accident:

• Get a copy of the police report prepared by the responding police officers,
• Get a property damage valuation from your insurer,
• Document all visits with doctors and other medical professionals and keep a journal of any pain or symptoms you experience.

Also, get copies of all medications, test results, treatments, and any other relevant medical records:

• Document any out-of-pocket expenses you incur,
• Keep a record of days of missed work or other activities which you can’t take part in because of the accident, and

Don’t accept a settlement offer from the insurance carrier before consulting with an experienced truck accident lawyer.

Who Can Be Sued in a Truck Accident Claim?

In a truck or tractor-trailer accident case, the trucking company, the commercial truck drivers, or the owner of the truck/trailer can be sued. Often, however, the company responsible for loading the truck, or even the company responsible for the contents of the truck, can be liable as well.

However, every accident case is unique, so the best way to determine the legal action you should take is by speaking with an experienced truck accident lawyer. At Ktenas Injury Lawyers, we offer a free initial consultation, so contact us today at (312) 300-2515 for a free case review.

How Much Does a Truck Crash Lawyer Cost in Illinois?

Whether you were involved in a crash with a truck while driving your passenger vehicle or if you’re a truck driver injured because of someone else’s negligence, you deserve financial compensation.

At Ktenas Injury Lawyers, our Chicago personal injury lawyers work on a contingency basis. This means you’ll pay us once your personal injury claim is successfully paid out. This is essential because defendants, such as truck companies and insurance companies, can afford to hire the best legal representation.

The “contingency basis” type of payment system allows you to have the best legal representation, which ensures you receive compensation for all your damages, your personal injuries, medical bills, time lost from work, vehicle repair or replacement costs, pain and suffering, enabling you to piece your life after the devastating wreck.

Call Our Experienced Chicago Truck Crash Attorneys Today for Legal Advice!

If you have suffered truck accident injury or property damage after a trucking accident, you need help from a personal injury law firm that’s used to handling personal injury claims involving trucking accidents and trucking company insurers. At Ktenas Injury Lawyers, we have decades of experience in helping victims of truck accidents recover the compensation they deserve, and we can help you too.

Our Chicago auto accident lawyers will present the facts of your case and prepare a defense strategy to protect your interests, not those of the trucking company. To schedule a no-cost initial consultation, call our Chicago law office today at (312) 300-2515.

Whenever you’re involved in any type of accident and you sustain severe injuries, it’s a stressful and confusing time. When the other vehicle is a big truck, it’s even worse. The damages from truck accidents can be catastrophic. It can cause debilitating and lifelong injuries, inability to work, and irreparable damage to the quality of your life and relationships. Also, you may have to appear in court for a truck accident depending on a number of factors.

When this happens, you deserve financial compensation to cover your damages, especially if the accident was the other driver’s fault. You deserve to have your medical bills covered, your lost wages reimbursed, and to receive compensation for your pain and suffering and lost comfort.

However, the question most truck accident victims ask is if they have to suffer through a long and grueling trial. In this article, we’ll discuss if most truck accident claims go to trial or settle, and how a truck accident attorney can make a substantial difference in the compensation you’re able to recover.

What Happens After a Truck Accident in Illinois?

After being involved in a truck accident, many scenarios can play out. Typically, if you or the party involved in the accident contacts the police, the police will come to the crash scene and speak with the parties involved in the crash and complete an accident report. If they’re any injuries or fatalities involved, paramedics will treat the injured parties and fill out medical records.

In personal injury lawsuits involving truck accidents, drivers can agree to have their insurance companies pay for medical bills and associated damages. The injured party can receive compensation from the truck driver’s insurance company or their own insurer, depending on the circumstances of the accident. Sometimes, the injured party may want to pursue the case further and take the personal injury claim to trial.

When Do I Have To Go To Court for a Truck Accident?

The odds of going to court following a truck accident are higher when more is at stake. According to the Insurance Institute for Highway Safety (IIHS), a truck is a big and heavy vehicle that is likely to cause severe injuries or fatalities to passenger car occupants. Once injuries and fatalities occur in a truck crash, many expenses start accruing. Also, future medical expenses are a possibility, including lost wages and rehabilitation costs. To protect your interests and rights, after a truck accident, it’s advisable to file a personal injury claim.

Further, the truck driver or the insurance company might claim you bear some fault or most of the liability for the truck accident, even though your negligence didn’t cause the accident. You must go to court to dispute this argument if you can’t settle the issue beforehand. Documented evidence, such as police reports, video surveillance, and medical records can help you reconstruct what happened and who was at fault.

Also, if the truck involved in the accident is a commercial truck, the trucking company may want a mechanic or garage to document the damages and faulty mechanical safety features of the involved vehicles for their records. The Federal Motor Carrier Safety Administration (FMCSA) reports that the most common cause of large truck accidents is brake problems. However, brake problems may shift liability for an accident elsewhere.

You’re more likely to go to court after a truck accident if a dispute is preventing a resolution. Often, the at-fault party and their insurance company can’t agree to a fair settlement offer, it might need to be decided in court. Insurance companies know all about calculated risks, and going to court isn’t in their best interest because the outcome lies in the hands of a judge or an unpredictable jury.

Insurance company representatives and your truck accident attorney will work hard together for a settlement that’s acceptable to all involved parties. However, you must ensure the settlement you accept covers all your expenses, both short-term and long-term.

Do Most Truck Accidents Cases Go to Court?

No, most crashes that involve vehicles settle out of court. That’s because it’s not always in the best interest of everyone involved in a truck accident case to go to trial. Court trials are quite expensive, and the longer the trial drags on, the more it costs. This can reduce your truck accident settlement because you must pay attorney fees and court costs, however, this often falls upon the loser of the case.

Further, a court case, mostly, is an “all or nothing” affair. This means you’ll pursue your compensation and there won’t be negotiations with the judge on how much you want; courts will simply rule on how much they think you’re eligible to receive, or they’ll rule that you’re not eligible to receive any compensation at all. Insurers and trucking companies don’t want to risk being liable for high payouts, and you don't want to walk away with nothing at all.

How Can a Truck Accident Attorney Help My Case?

A truck accident lawyer can help you determine who is liable for your personal injuries, losses, and suffering. Often, multiple parties are liable for damages, including the truck driver, trucking company, truck manufacturer, the owner of the truck or trailer, the shipper or loader of the truck’s cargo. Your lawyer can seek to prove truck driver negligence, especially if the driver was reckless or ignored safety regulations.

Your truck accident attorney can help you coordinate a truck accident investigation after the crash. Apart from investigating the crash scene and collecting witness statements, your attorney will look at the following for evidence:

• The truck driver's qualifications, employment history, and drug and alcohol tests;
• The trucking company’s insurer information;
• The inspection of the truck involved in the crash;
• Property damage to your car; and
• Your medical records for injuries suffered.

Further, a truck accident attorney will make sure you’re aware of deadlines and federal regulations that may affect your case. An experienced auto accident lawyer understands the ins and outs of dealing with insurance companies, trucking companies, and cargo companies. Also, a personal injury lawyer will look at the facts of your claim and determine the damages you’re entitled to. Also, they’ll help you calculate the total damages you should seek to cover your immediate and future expenses. Your personal injury attorney will negotiate with insurance companies and the responsible parties to make sure you get the compensation you deserve.

Contact Our Experienced Chicago Truck Accident Lawyers Today for Legal Advice!

If you’re involved in an accident with an 18-wheeler and are seeking financial compensation, don’t sign anything, don’t admit liability, and don’t go it alone. Seek the legal services of an experienced Chicago truck accident lawyer. The right truck accident attorney will stand up against the insurance companies and trucking companies and help you receive fair compensation.

The experienced truck accident lawyers at Ktenas Injury Lawyers will give you the best shot at fair compensation to cover your medical bills, lost wages, property damage, pain and suffering, and loss of companionship.

If you’re in Illinois and need help with a truck accident claim, Ktenas Injury Lawyers can help. To schedule a free initial consultation, call us today at (312) 300-2515, or chat with us online to learn how we can help.

Truck accidents can have many outcomes, including severe injuries and death. Victims of truck accident injuries are often confused and devastated. You may have lots of questions like 'What damages can I collect for a truck accident?' or 'Do I need an accident lawyer?' After sustaining injuries in a truck accident, to recover the money to deal with medical expenses, income loss, and physical rehabilitation, you require an experienced and dedicated truck accident lawyer to help you recover fair compensation.

At Ktenas Injury Lawyers, we have decades of experience handling a wide range of personal injury cases, caused by truck accidents. We understand the complex state and federal regulations under which large trucks must operate. Contact us today at (312) 300-2515 or chat with us online for a free consultation.

Who Is at Fault in a Truck Accident?

To recover damages in an Illinois truck accident, you must show that some other party caused the accident in which you sustained injuries i.e., some other party was negligent.

Sometimes, proving who’s at fault in an accident is fairly easy. Here are some scenarios where liability is fairly easy to prove:

• A vehicle hit you from behind (the rear vehicle in a rear-end crash is always at fault)
• A driver violated some traffic rules, such as driving while under the influence or failing to stop at a stop signal, and received a citation for it.

Other times, it’s hard to prove liability. Your truck accident lawyer or your insurance company will need to investigate the accident and gather solid evidence to prove that someone else was at fault. To do this, your Chicago personal injury attorney will:

• Depose the other driver
• Identify and depose the witnesses
• Get security footage
• Hire an independent investigator to investigate the accident
• Examine police reports.

Also, your accident lawyer will investigate all the possible at-fault parties. Apart from the driver, other parties that might be at fault for a truck accident include:

• The trucking company. The trucking company may be at fault fully or partially to blame for the accident if, for instance,  they violated any federal or state laws, such as asking their truck drivers to drive more hours than permitted by the law.
• The cargo company. One of the common causes of truck accidents is overloading or improperly overloaded cargo. In these scenarios, the cargo company may be liable.
• The manufacturer. Often, truck accidents are caused by defective vehicles, such as improperly designed trailer hitch that causes the trailer to loosen. In these cases, the manufacturer of the defective part may be at fault.

Respondeat Superior

In Illinois, the respondeat superior, a legal theory, can hold a company responsible for a truck accident caused by its truck driver employee. According to this legal theory, the employer is responsible for the actions of its employee, so long as the actions were:

• Unintentional; and
• Committed within the employment terms and in furtherance of the employer’s business.

Shared Liability Laws

Sometimes, both the truck driver or any other party associated with the truck, and the motorist involved in the accident are liable. What happens then?

Illinois follows the modified comparative fault theory, which states that the number of damages a plaintiff can recover is reduced by a percentage that reflects their degree of fault. However, if the plaintiff’s degree of fault is over 50%, then they can’t recover any damages.

What Damages Are Victims of Truck Accidents Entitled to?

Commercial truck drivers must carry general liability insurance, which covers all bodily injuries, personal injury, and property damage in an accident where the truck driver is at fault. General liability insurance also covers damages in accidents caused by the negligence of the trucking company or the truck’s manufacturer. This makes sure victims of truck accidents can recover the maximum amount for their damages including non-economic and economic damages. In some cases, punitive damages may be recovered as well.

With a solid truck accident claim, you can recover the following types of compensation, but the amount varies from case to case:

• Medical expenses. If you have suffered bodily injuries following a truck accident, you’re entitled to any expenses related to doctor visits, medication, required medical devices, and other medical bills and expenses caused by the truck driver’s negligence.
• Lost income. If you have missed work, lost your job, or have lost other types of income because of the truck accident, you could recover compensation for lost wages.
• Pain and suffering. You may recover damages related to physical therapy, psychiatry services, and other emotional and mental trauma caused by the truck accident.
• Property damages. You may recover damages for any damage to your vehicle or personal property during the truck crash, as well as any money you may have spent to repair the damage.

Although many truck accident victims can expect to receive some portion of the above damages, the amount that your truck accident claim is worth depends on many factors. Common factors include how long you took to file your lawsuit, whether the other party is solely at fault, the total cost of medical expenses, the severity of your injuries, and whether a truck accident lawyer in Illinois is representing your case.

Truck Accident Statistics in Illinois and Nationally

The Federal Highway Administration reports that in 2018, 4,136 people died in large truck accidents. The number of people who died in truck accidents was 31% higher in 2018 than in 2009.

In Illinois, there were 13,071 accidents involving large trucks in 2018. Sadly, nearly 10% of those accidents led to fatalities and 2,235 people suffered bodily injuries. Illinois is one of the top 10 states in the average of fatal truck accidents each year.

According to a report by the Illinois Department of Transportation, in 2018:

• More injuries and fatalities happened on rural roads than urban roads.
• Only 19 tractor-trailer occupants were killed; 86 other vehicle occupants, 14 pedestrians, and 12 pedal cyclists were killed in truck accidents.
• The number of fatal truck accidents increased by 10.4% from 2017 to 2018.

How Long Does a Truck Accident Claim Take to Settle?

It’s impossible to predict exactly how long it will take to settle a truck accident claim. These types of claims take longer than other accident claims. Because semi-trailers, tractor-trailers, and other trucks are very large and are often commercial vehicles, settling truck accident claims involving these vehicles is more complicated than usual.

Often, an insurance company may offer a settlement shortly after a truck accident, but it’s not in your best interests to accept that first offer because you may deserve more compensation than the initial offer. It’s worth it to wait for a full investigation and medical examination before you negotiate for compensation for your truck accident claim.

Settling a claim following a truck accident takes longer because of many reasons, including that the Federal Motor Carrier Safety Administration (FMCSA) needs a thorough investigation for major truck accidents. Other factors that may delay a truck accident settlement include:

• Liability investigation. The investigation into who is to blame for a truck accident often takes much longer than a typical car accident because of the nature of the accident. Before settling a truck accident claim, investigators have to determine:
  • If the truck driver violated any rules and regulations.
  • If any other drivers are at fault or are also at fault for the crash.
  • If the trucking company serviced its vehicle properly.
  • If the trucking company violated any rules and regulations.
  • If any other parties are liable, such as a deficient mechanic or a bartender who may have over-served the truck driver.
• The severity of the crash. Often, trucks cause accidents with severe consequences because of their massive size. The Department of Transportation (DOT) regulates the size and weight of different types of trucks to maintain safety on the roads. Truck accidents are often more destructive, resulting in massive vehicle damage, more severe bodily injuries, and even death. The increase in severity leads to more facets that need to be investigated and documented.
• Insurance coverage. Interstate semi-trucks and tractor-trailers must carry insurance coverage, and FMCSA has strict requirements for truck insurance. There are varying insurance coverages that cover the trailer, truck’s cab, and the load the truck carries.
• Medical treatment. If you or a loved one has sustained injuries following a truck accident, the need for medical treatment can influence how long it takes to settle a truck accident claim. It’s in your best interest to wait before accepting any settlement until you have recovered fully. This will allow you to know the full extent of your medical bills. For instance, according to the National Institute of Neurological Disorders and Stroke (NINDS), whiplash may manifest weeks after the accident. Settling your claim before your medical treatment is over can lead to high medical expenses that aren’t covered in the settlement.
• Settlement negotiation. Finally, the negotiation process can delay the settlement of a truck accident claim. The above factors of the severity of the accident, liability investigation, medical treatment, insurance coverage, and even other factors can enter into the negotiation process and delay the settlement of truck accident claims. It may take several rounds before you get an offer that includes fair compensation for all your expenses and losses, including pain and suffering.

Contact a Chicago Truck Accident Attorney at Ktenas Injury Lawyers Today!

Hiring an experienced truck accident lawyer can help you through the complicated process of truck accident investigation and settlement negotiation. An attorney can gather evidence, determine recoverable damages, and communicate with all involved parties so you can focus on recovering after the accident.

Although we can’t tell you exactly how long it will take to settle your truck accident claim, you don’t have to go through this complex process alone. The team of experienced and dedicated accident lawyers at Ktenas Injury Lawyers can help you identify the recoverable damages you may be entitled to and negotiate with insurers on your behalf to help you get fair compensation.

Call us today at (312) 300-2515, or chat with us online for a free consultation with an experienced Chicago truck accident lawyer. We work on a contingency fee basis, which means you will pay us only if we win you money. Don’t wait! Call us today!