Truck accidents often lead to catastrophic consequences. If you were injured or your loved one was killed in a truck accident, you may be desperate for answers. You may have questions about how the truck accident occurred, who is legally responsible for the accident, and how you will pay for the massive costs incurred by the accident. Truck accident liability is often complex. The liable party may be the truck driver himself or herself, the trucking company, or a number of other parties. In some cases, a truck accident stems from inadequate truck maintenance and the party responsible for compensating the truck accident victims is the party who failed to properly maintain the truck.

Accidents Caused by Failure to Properly Maintain a Commercial Truck

We often assume that truck accidents are caused by driver error, however, there are many cases in which a truck driver is not the liable party in a truck accident claim. If the truck malfunctioned, improper truck maintenance could be to blame your accident. Truck companies have a legal duty to ensure that their trucks are regularly inspected and maintained. Inadequate truck maintenance can lead to dangerous defects, including:

• Tire blowouts
• Bald tires
• Brake failure
• Steering system failure
• Broken tail lights or headlights
• Trailer detachment
• Defective securement devices

Proving a Truck Accident Was Caused by Poor Maintenance

Through a truck accident injury claim, you may be entitled to compensation for the costs caused by you truck accident. You may be compensated for your past medical bills as well as the future medical costs you will encounter because of your injuries. You may also be compensated for your property damage, lost income from missed work, future lost income, and reduced earning capacity. Damages in a truck accident injury claim may also include intangible losses such as your mental anguish and pain and suffering. A wrongful death claim may enable you to hold a negligent trucking company accountable for your loved one’s death and recover compensation for your loved one’s lost income, medical expenses, funeral and burial costs, and more.

Have you ever taken the time to look around at the other drivers while stuck in traffic? If so, you probably noticed that many of them were looking down at their smartphone. Whether it is electronic devices like cell phones, GPS units, and radios, or human distractions like children arguing in the backseat, distractions while driving are everywhere. Distracted driving has become a tremendous cause for concern in Illinois and throughout the United States. It is difficult to know for certain how many car accidents are caused by distracted drivers, but the Centers for Disease Control and Prevention (CDC) estimates that more than 1,000 people are hurt in distracted driving accidents every day in the U.S. If you or a loved one were involved in a car accident and you suspect distracted driving was a contributing factor, a personal injury attorney may help you recover compensation for your injuries..  

Establishing the Driver’s Negligence and Recovering Compensation

Car accidents involving distracted driving can often become “he said-she said” situations. Proving that the other driver’s irresponsible behavior caused your damages and recovering adequate compensation for those damages can be quite challenging. This is why many individuals hurt in distracted driving accidents get legal support from an experienced car accident injury attorney.

There are four main elements in a successful personal injury claim:

Although we rarely think about it, getting into a car is one of the most dangerous things we do on a regular basis. It is estimated that approximately 6 million car accidents occur in the U.S. every year, resulting in 3 million injuries. Car accident victims may be other drivers, pedestrians, cyclists, or passengers. If you have been injured in a car accident and you were not the driver, you may have questions about your legal options. You may be left with expensive medical bills and other financial losses caused by your injuries. In many cases, a personal injury claim can help injured passengers obtain financial compensation for losses such as these.

Determining Fault for Your Car Accident

Before you can recover compensation for a car accident, the liable or at-fault party must be determined. In many car accidents, there is more than one party who is considered to be at fault. For example, one driver may have been speeding while the other driver was texting and driving or otherwise distracted. However, a passenger cannot be held liable for a car accident because he or she was not in control of a vehicle. If more than one party is liable for a car accident, you may need to file multiple claims in order to recover enough compensation to cover the full extent of your damages.

Personal Injury Claims When a Friend or Loved One Is At Fault

Many injured passengers find themselves in tricky situation because the liable party is someone that they are close to. If you were involved in a car accident and the at-fault party was your family member, friend, co-worker, or someone else with whom you have a relationship, you may be hesitant to bring an injury claim and pursue compensation. However, it is important to note that when you bring a personal injury claim for injuries suffered in a car accident, you are not usually expecting the driver to pay for your losses personally. The payments will most likely be made by his or her car insurance company.

After a car crash in Rockland or elsewhere in Winnebago County, it can be difficult to think about filing a claim for compensation when you are contending with the physical and emotional consequences of your injuries. Yet you may also know how important it is to file a claim in order to obtain the compensation you need. When another party was at fault for the crash, you also may be considering whether to file a lawsuit against that at-fault driver. For most people injured in car accidents, the first step is to file an auto insurance claim. But when an auto insurance claim does not result in an adequate amount of compensation, it may be time to file a lawsuit.

Many people who have been injured in car accidents caused by another driver’s negligence want to know if they should file a claim even if they might bear some responsibility for the collision. In most cases, the answer is yes. We will explain more.

Illinois Uses a Modified Comparative Fault Law

Every state has its own laws pertaining to comparative fault or contributory negligence, which are the terms used to describe a scenario in which a plaintiff files an injury claim but the defendant says the plaintiff is also at fault. Some states use a “pure” comparative fault system that allows a plaintiff to recover damages regardless of his or her percentage of fault (presuming, of course, that the plaintiff is not 100 percent at fault). In pure comparative fault systems, a plaintiff’s damages award is reduced by his or her percentage of fault. Other states use a modified comparative fault system in which a plaintiff can recover as long as the plaintiff is not 50 percent or 51 percent or more at fault. Then, as with a pure comparative fault system, the plaintiff’s recovery is reduced by his or her portion of fault. In pure contributory negligence systems, a plaintiff will be barred from recovery if that plaintiff is even 1 percent at fault.

On average, about 90 individuals lose their lives in car accidents every day in the United States. Even a non-fatal car accident has the potential to completely alter your life. You may be severely injured and require extensive medical care or face permanent disability. Medical bills and financial hardship caused by lost income can make recovering from a traffic accident even more difficult. Fortunately, some car accident victims are eligible for compensation through a personal injury lawsuit. In order to preserve your ability to file a claim for damages after a serious car accident, always take these steps.

Step #1: Call the Police

If you are involved in a serious car accident that causes significant property damage or injuries, you need to contact police right away. Even if you do not file an injury claim, a formal police report that describes the accident is essential. This step creates an official record that the accident took place and gives insurance companies a starting point.

Step #2: Go to the Hospital

Car accidents can be extremely traumatic. When you are hurt in an accident, you may be tempted to simply go home after the exhausting experience and put off seeking medical treatment. However, it is crucial to be evaluated by a medical professional immediately. You may be much more injured than you realize. Furthermore, proving that an accident caused a person’s injuries is very hard without documentation of the injuries that was obtained soon after the accident.