Fatal truck accidents leave many people in Chicago, Illinois, reeling from the emotional and financial costs of losing their loved ones. These people may ask, “Can I file a wrongful death lawsuit for a fatal truck accident?” If you have lost your loved one in a truck accident because of the truck driver’s recklessness, you can file a claim to pursue a wrongful death settlement. The challenge is that you may not understand the legal statutes governing wrongful death lawsuits and how the claims process works. Partnering with a seasoned attorney with a demonstrated history of resolving truck accident cases ensures you have reliable and client-focused legal representation to file a winning claim.
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At Ankin Law, we have helped many bereaved families file wrongful death lawsuits. We understand the emotional and financial turmoil that follows after the demise of a loved one. We have a team of attorneys who are experienced in handling wrongful death lawsuits. Call (312) 600-0000 to schedule a free case evaluation.
How Do Wrongful Death Lawsuits Work?
Is wrongful death a personal injury? Both cases arise because of a loss the plaintiff suffers due to another party’s negligence. But that’s where the similarities end.
A wrongful death lawsuit is a unique form of personal injury claim. Unlike other lawsuits – where the injured victims file the claim themselves – wrongful death claims are filed by the decedent’s legal representative in charge of the victim’s estate. Under the Illinois Wrongful Death Act, you can only pursue wrongful death settlements if your loved one’s death was caused by another party’s negligence, recklessness, or intentional act. If it were not for the victim’s death, he or she would be able to file a personal injury claim for damages.
Before filing a wrongful death lawsuit for a fatal truck accident in Chicago, Illinois, you must ensure the case satisfies the following four key elements:
- You lost a loved one in the truck accident;
- The loved one’s death was a result of another party’s negligent, wrongful, or intentional actions;
- The loved one’s death left the surviving family members suffering harm, including pain and suffering, financial losses; and
- You were the decedent’s personal representative or there is a representative to initiate the claim.
Under the Illinois statute of limitations, you have a two-year window from the date of your loved one’s death to initiate a claim. Failure to start the claim within the timeline renders the lawsuit null and void, and you won’t be eligible for compensation.
For example, failure to sue for wrongful death caused by a DUI crash means you inadvertently forfeit your compensation. Hiring a truck accident lawyer early on ensures your claim gets submitted in time. A lawyer can help you understand the filing process and the legal documents required, alleviating the risk of your claim getting dismissed.
Common Causes of Fatal Truck Accidents in Illinois
According to a 2022 Crash Fact by the IDOT, there were 1,147 fatal crashes in Illinois, with truck accident fatalities accounting for almost 15%. Truck collisions often cause serious, life-changing injuries or death. That’s because of the trucks’ large sizes and weights. When speeding on the freeway, it will take a longer time to bring the truck to a stop, which could cause fatal collisions.
Common causes of fatal truck accidents include:
Speeding
In Illinois, motorists have a duty of care to other road users. Speeding beyond the indicated speed limit increases the likelihood of an accident. When speeding, a truck’s size and weight make it challenging for drivers to brake in time or execute evasive maneuvers. As a result, the driver may get into a fatal crash.
Driver Fatigue and Exhaustion
Truck drivers are often prone to burnout because of various factors, such as lack of sleep, exercise, work-life imbalance, and poor food choices. In times of high demand, they may drive for longer hours than the 14-hour consecutive driving limit set by the Federal Motor Carrier Safety Administration (FMCSA). After driving for 20 hours, the fatigue a truck driver experiences may cause an impairment level like that of an intoxicated driver.
Distracted Driving
Commercial trucks are often fitted with a dispatching device that allows the driver to communicate with his or her company. Operating the device is enough to shift the driver’s attention from the road. Other distractions may include eating and drinking while driving, dialing the navigation screen, and operating a mobile phone.
Extended Blind Spots
Blind spot accidents occur when drivers fail to see other road users (cars, cyclists, or pedestrians) when switching lanes or reversing. Commercial trucks have larger blind spots – about 20 and 30 feet in front of the cabin and behind the trailer, respectively. These blind spots block drivers’ view of the immediate surroundings. Without proper vigilance and caution, a driver may run over or sideswipe another party.
Brake Failures
Driving a truck is already limiting to a driver, particularly when attempting to stop. The vehicles’ weight and size mean the trucks take a longer time to stop than smaller vehicles. The situation worsens when the brakes fail because of poor vehicle maintenance or failure to repair air leaks. Such problems increase the chances of causing a fatal accident.
Steps to Take After a Fatal Truck Accident
Tragically, Illinois records many fatal truck accidents on its roads. It’s critical to know how to respond immediately after a fatal truck accident and the steps in a wrongful death lawsuit.
An accident scene is chaotic, particularly if motorists and other road users lose their lives. It’s recommended to take the following steps to perform your legal duties and hedge your financial interests in a lawsuit later on:
Ensure Your Safety
The first thing to do is to ensure your safety and that of your passengers. If you’re not seriously injured, move to a safe location nearby, but out of the way of traffic, to avoid additional hazards. However, you should not leave the scene of the accident. If other victims are seriously injured, don’t move them unless there’s an immediate threat.
Call Law Enforcement Officers
Once you’re in a safe location, call 911 to report the incident. Contacting the police will expedite the arrival of paramedics and officers to the scene. Ensure you provide the dispatcher with clear information about the accident, including the number of individuals involved and their injury details.
Obtain Eyewitness Information and Exchange Details With the Truck Driver
If there are witnesses to the crash (pedestrians, cyclists, or other drivers), request them to provide their contact information. Their testimonies will be valuable to your case. Record crucial information about the truck driver, the truck itself, and the trucking company. This information includes names, phone numbers, and insurance information of the driver and trucking company. Additionally, document the scene by taking videos and images of the vehicles’ positions, skid marks, injuries, and property damages.
Get Medical Attention
Get medical assistance, even if you feel okay. Some injuries have a delayed onset of symptoms. A comprehensive medical checkup can detect such injuries. Your medical provider will also document your truck accident injuries and provide appropriate treatment.
Initiate a Claim With the Truck Driver’s Insurer
Inform the truck driver’s insurer of the accident. However, be cautious about what you say. Explain yourself clearly and comprehensively while avoiding speculations, such as the possible cause of the accident.
Insurance companies have their way of dealing with wrongful death claims. Many of their approaches, however, are exploitative of claimants as they take advantage of your limited knowledge of insurance claims process. But with a Chicago truck accident lawyer, you can rest assured that you have the right resources in your legal arsenal to probe the insurer for maximum compensation.
Partner With a Truck Accident Lawyer
The legal process of a wrongful death lawsuit can be quite confusing and overwhelming. There is a legal procedure to follow when filing the claim, obtaining and organizing legal documents, investigating the circumstances of the accident, and making a strong case.
Most Illinois residents don’t exercise their legal rights to sue for wrongful death caused by a truck accident because of a lack of awareness or bad faith acts by insurance companies. By hiring a truck accident attorney, you can have your case evaluated and your best interest properly communicated. A lawyer is your voice and defender when filing a wrongful death claim. He or she will investigate the accident and determine the other party’s liability. The lawyer will vehemently fight for your rights and ensure you receive the maximum settlement.
Have you lost a loved one in a fatal truck accident in Illinois? At Ankin Law, we will use our legal experience and every resource to work for your financial recovery. Contact us at (312) 600-0000 to schedule a free, confidential, and non-obligatory case evaluation with one of our experienced truck accident attorneys.
