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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.
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:
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:
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:
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:
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.
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:
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.
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:
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:
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!