Truck drivers can make mistakes on the road that lead to accidents, including driving while impaired, driving while texting, speeding, reckless driving, and more. If any of these truck driver errors caused an accident and subsequent damages, victims or their loved ones may be able to seek compensation.
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To learn whether you have a valid truck accident case, contact the truck accident attorneys at Ankin Law today by calling 312-600-0000 for a free consultation.
Top Truck Driver Errors Leading to Accidents in Illinois
There are several types of truck driver errors that can cause accidents in Illinois. These mistakes include:
Speeding
Many truck accidents result when a truck driver fails to comply with local posted speed limits, either intentionally or out of failure to acknowledge these limits. Trucks present a much higher risk of serious injuries and damage at high speeds than other vehicles because of their mass and weight, meaning speeding accidents involving trucks tend to result in more severe accidents. They’re also more challenging to slow and stop at fast speeds, making it harder for drivers to prevent accidents even if they attempt to brake in time.
Driving While Impaired
Another cause of truck accidents is driving while impaired. Truck drivers and other motorists must not drive while intoxicated, with the legal limit for drunk driving in the U.S. sitting at a blood alcohol content (BAC) of 0.08%. However, for commercial truckers, that limit is even lower in Illinois at 0.04%.
Truckers could also be intoxicated on other substances, such as marijuana or medications, resulting in accidents as they experience slowed reaction times and impaired judgment.
Distracted Driving
Drivers may be distracted on the road, whether it’s in the form of texting while driving, engaging with their dashboard or other equipment, or otherwise not focusing on the road. Even a few seconds of distracted driving could lead to an accident as drivers lose focus on the task of driving.
Fatigued Driving
Truckers often drive long hours, which greatly increases the risk of drowsy driving. Driving while tired can actually be as dangerous as driving while impaired, and drivers can fall asleep at the wheel and lose control of their vehicles.
Failure to Properly Secure or Check Loads
All loads on semi-trucks, flatbed trucks, and other types of vehicles must be secured, and drivers and others should frequently check them before and during travel. Otherwise, shifts in load balances or unsecured loads could cause the vehicle to lose balance and control, or loads can become loose and collide with other vehicles.
Failure to Account for Blind Spots
Truck drivers often have blind spots, especially in large tractor-trailers, with limited visibility out the side view mirrors and rear. As such, drivers must frequently check these spots to ensure they don’t crash into other vehicles or pedestrians when making turns, passing lanes, or performing other maneuvers on the road.
Exceeding the Number of Permissible Driving Hours
Commercial truck drivers have a limited number of hours they can drive per shift. They must record these hours in electronic logging devices (ELDs). If they go over these hours, they can easily become fatigued and cause an accident, which is why it’s crucial for drivers to adhere to these rules.
Reckless or Aggressive Driving
Drivers could also neglect to drive carefully and respect other motorists, sometimes doing so aggressively. For example, a trucker might become angry at another motorist who cut him or her off in traffic, resulting in speeding and even an intentional collision, such as a sideswipe. Road rage and other instances of aggressive or reckless driving can greatly increase the chances of an accident through negligence or malicious intent.
Ignoring Maintenance Requirements
Trucks, like other vehicles, require occasional maintenance to keep them in good shape and safe on the road. Failure on the part of drivers to get routine maintenance or necessary repairs could render the vehicle unfit for operation and lead to an accident due to mechanical failure.
Not Obeying the Rules of the Road
All drivers must obey basic traffic laws and other rules of the road, such as giving the right of way to others when appropriate and complying with red lights or signage. Sometimes, drivers may neglect to pay attention to these rules or intentionally violate them, which can also lead to a crash.
How Truck Driver Mistakes Put Illinois Motorists at Risk
According to one recent report from the Illinois Department of Transportation (IDOT), crashes involving tractor-trailers alone comprised 3.8% of all traffic accidents in a recent year, including 8.5% of all fatal accidents and 3.0% of accidents resulting in injuries.
Trucks are far more likely to cause serious and fatal injuries to motorists and pedestrians because of their size, weight, and mass. Even smaller trucks, like pickups, are often responsible for catastrophic injuries and extensive damage.
Because of these risks, truck drivers must do what they can to practice reasonable care while on the road, obeying traffic laws and regulations. They must operate their vehicles while alert, sober, and calm.
If a negligent truck driver caused an accident and related injuries, you may be able to seek compensation with the help of a truck accident lawyer in Chicago.
When to Contact a Truck Accident Lawyer in Illinois
When a truck accident results in injuries or extensive property damage, it’s in your best interest to reach out to an attorney to pursue compensation. An experienced lawyer who knows how to handle truck accident cases can file a claim or lawsuit on your behalf and help you recover a full settlement.
The following are reasons to hire an attorney for help following a truck accident:
You Need to Prove Liability
In the event truck driver errors cause trucking accidents, victims must be able to prove that the truck driver was responsible for the accident and subsequent damages. Specifically, victims must show how the liable party owed a duty of care, that the driver breached that duty of care, that this breach led to an accident, and that the accident resulted in calculable damages warranting compensation.
In the process of proving liability, you will need ample evidence to support your claims, which could include:
- Medical bills
- Photos of your injuries or the accident scene
- Surveillance footage of the area or a vehicle’s dashcam footage
- Police reports
- A truck’s black box recording device
- Electronic logging devices
You Need to Calculate Damages
An experienced truck and car accident lawyer can help you calculate all the damages involved in these cases. Truck accidents often involve a number of economic and non-economic damages that can be challenging to identify and calculate.
Economic damages are the financial losses that victims sustain because of truck accidents. These damages may include items such as medical expenses, lost income and lost earning capacity, repairs or replacements for damaged property, and physical therapy and rehabilitation costs.
Meanwhile, non-economic damages apply to personal losses related to an accident, such as pain and suffering, mental anguish, trauma, disfigurement, loss of enjoyment of life, and loss of consortium. A good attorney can help you determine all the damages pertaining to your case and factor them into a settlement.
You Need Help Filing a Claim
Most truck accident cases settle during the claims process with insurance companies. While this process may seem straightforward, you may have questions, like, “Should I accept the initial truck accident settlement?”
Insurance adjusters may seem helpful and on your side throughout the claims process, but the fact is that they work for their insurers, not claimants. They may make a settlement offer that’s far lower than its actual value, or try to deny your claim altogether.
A good lawyer will be able to determine how much your case is actually worth and factor this into negotiations. If the adjuster makes an offer that’s too low, your lawyer can make counteroffers until you reach a favorable settlement.
You Need to Take Your Case to Court
If a case doesn’t settle during the claims process in negotiations, you may need to take it to trial. For example, victims’ loved ones may want to file a wrongful death lawsuit for a fatal truck accident, as the damages involved in these cases tend to be substantial and go beyond what an insurance claim might cover.
The right attorney with trial experience will help you understand how truck accident lawsuits work and help you navigate the legal process.
Connect With a Truck Accident Attorney Today
Do you believe you or a loved one suffered damages in an accident because of truck driver errors or another instance of negligence? The right attorney could help you seek total compensation with a claim or lawsuit. For help with a case, contact us today at Ankin Law to schedule a free consultation with one of our truck accident attorneys.