Illinois reported up to 11,922 truck crashes, representing 4% of all crashes. This data shows that truck accidents are common in the state. When truck drivers get into an accident, victims often sustain injuries, suffer property damage, get killed, or lose a loved one. Truck drivers who cause an accident face various legal consequences, including criminal charges, civil suits, license suspension or revocation, and insurance penalties.
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Taking appropriate steps after a truck accident can protect your health and your right to hold the at-fault party or entity legally and financially responsible. These steps include reporting the accident to the police, documenting the scene, getting medical help, and notifying the insurer. It is also necessary to hire a truck accident lawyer immediately after a truck crash to better your odds of getting a reasonable settlement or court award.
Call Ankin Law today at 312-600-0000 for a free consultation with one of our experienced truck accident lawyers if you were injured or lost a loved one in a truck accident in Illinois.
What Are the Legal Consequences When Truck Drivers Get Into an Accident?
Truck drivers may face legal consequences after an accident. The consequences the driver faces depend on what caused the accident and who was at fault. The consequences may depend on whether the accident resulted in deaths or injuries and whether the truck driver followed state or federal laws.
Criminal Charges
The truck driver may be charged with a criminal offense if the investigation reveals that a fatal truck accident happened because of negligence. Reckless driving, ignorance of the traffic laws, and driving above the recommended speed limit are some examples of negligence. The driver may also face criminal charges if he or she was driving under the influence of drugs and alcohol. The blood alcohol content (BAC) limit for commercial truck drivers in Illinois is 0.04%, while that of non-commercial drivers is 0.08%. Surpassing this limit can result in harsh consequences.
Truck drivers involved in a hit-and-run accident may face criminal charges because the law requires them to help the injured person and cooperate with law enforcement officers. They must also exchange relevant information, such as their names, addresses, phone numbers, and insurance policy details, with the other party.
Civil Claims or Lawsuits
People injured in a truck accident caused by a truck driver’s negligence have a legal right to recover compensation from the negligent driver or the insurer. They can do this by either filing an insurance claim or a personal injury lawsuit against the liable truck driver. They must ensure the amount quoted covers all the medical bills, property damage, pain and suffering, and loss of income. In the event the accident caused a fatality, the family of the deceased person is entitled to wrongful death damages.
Licensing Penalties
Regulatory bodies, such as the Federal Motor Carrier Safety Administration (FMCSA), can impose licensing penalties on truck drivers who fail to follow the set guidelines. The penalty may vary depending on the seriousness of the case, with severe cases attracting permanent loss of a Commercial Driving License (CDL).
Insurance Penalties
An insurance company may impose penalties if its initial investigations find the truck driver or the trucking company grossly negligent. The insurance company may refuse to pay the damages incurred by the injured party. The company may increase insurance premiums if it covers the damages.
How Are Truck Accidents Investigated and Resolved?
Truck accident investigations begin immediately after the police are notified of the accident. The parties involved in the investigation and resolution process include truck accident lawyers, police officers, trucking companies, insurance companies, and regulatory agencies.
Reporting and Investigation
Illinois law requires all motorists to report accidents immediately after they happen for emergency medical response and proper documentation of the accident by police officers. The police will assess the situation and gather information on what transpired before, during, and after the crash after showing up at the accident scene.
They collect this information by interviewing witnesses, analyzing surveillance camera footage, and physically inspecting the accident scene. They evaluate the truck’s condition before the accident, especially if they suspect the truck’s condition could have contributed to the accident.
They also assess the driver to determine whether negligence contributed to the accident or the driver was driving under the influence. The police then compile all this information and prepare a detailed accident report.
Besides conducting independent investigations, your lawyer will rely on the police report to understand how the accident happened and who is liable.
Evidence Collection
Robust and convincing evidence linking your personal injuries or property damage to the accident is necessary to win a truck accident claim or lawsuit. Your lawyer can use various strategies to gather valuable truck accident evidence, including retrieving surveillance camera footage, interrogating witnesses, and collecting dashcam and black box data. Retrieving evidence from these electronic devices offers an impartial account of what transpired moments before and after the accident and who was liable.
If your truck accident lawyer suspects negligence on the part of the trucking company, the lawyer can obtain and analyze the trucking company records. A thorough analysis of these records will help the lawyer determine if the company failed to meet inspection and maintenance standards.
Certified truck inspectors must inspect trucks involved in an accident before they get towed away. So, be sure to get a copy of the inspection report. Your lawyer can enlist the help of an expert witness if liability is unclear.
Valid medical and financial records are instrumental in winning a truck accident claim. Medical records, for example, show that your injuries stemmed from the accident and that these injuries have significantly impacted your life. Financial records prove the total losses you incurred and keep on incurring due to the accident.
Determining Liability
Determining truck accident liability can be difficult, especially if multiple parties are involved. Truck accident attorneys, alongside other investigators, use the evidence at hand to determine the liable party.
Multiple parties may be held liable if they contributed to the accident. The liability percentage depends on the role played by each party in causing the accident. Your lawyer will strive to ensure you are not wrongfully assigned liability or lower your liability percentage as much as possible. The objective is to maximize your compensation.
Making an Insurance Claim
You are entitled to pursue compensation if you were involved in a truck accident and sustained personal injuries or incurred losses. You can initiate the claims process by reporting the accident to the relevant insurer and filing a claim. The insurance company will conduct independent investigations to determine the at-fault party and the amount of compensation to be made.
Based on the evidence presented by your lawyer, the insurance company may invite you for settlement negotiations. This is usually done outside the court, and you can accept or reject their offer. Your lawyer will present evidence of the losses incurred and demand a fair compensation.
Filing a Lawsuit
Sometimes, the insurance company may take unnecessarily long to settle a claim, offer an unreasonable settlement, or refuse to pay a claim. Fortunately, an experienced lawyer can help you understand how truck accident lawsuits work and help you file a lawsuit. Your lawyer will file the required paperwork in time and present the evidence in a well-organized manner.
The truck accident legal process can take anywhere from a few weeks to several months, depending on the evidence presented by the involved parties. After the hearing, the judge or jury examines the evidence presented and provides a verdict that could be in or against your favor. There is always room to appeal if you feel the judgment was unfair or if your rights were violated.
When Should You Contact a Truck Accident Attorney?
There is no specific timeline for hiring a truck accident attorney. The best practice, however, is to hire one as soon as you get involved in a truck accident. Your attorney will assume responsibilities after a truck accident and make early interventions. The lawyer will ensure the timely filing of legal documents and prevent you from making self-implicating statements.
Truck accidents often involve large compensation claims. Trucking companies and insurers use various tricks to reduce their liability and the resulting claim value. They may, for instance, try to destroy or tamper with the evidence, such as the driver’s log, truck maintenance records, and surveillance footage.
Fortunately, your lawyer will deploy legal tools like spoliation letters to compel the trucking company and any other at-fault party to preserve evidence applicable to your case. The lawyer will also independently investigate the accident and protect you from assuming liability that isn’t yours.
At Ankin Law, we have a proven record of helping truck accident victims pursue and recover compensation that covers the full scope of their damages and losses. Contact us today to request a free, no-obligation consultation with a seasoned truck accident lawyer.
