You may wonder whether you can sue a trucking company after sustaining serious injuries in a truck accident in Chicago, Illinois. You can file a civil suit against a trucking company in the event of an accident stemming from the negligent actions of the company, its driver, or any other staff member. Negligence in truck accident cases constitutes a violation of the legal duty of care that directly causes injury, damage, or loss.
You must consider various factors, such as the severity of your injuries, liability, scope of your damages, and statute of limitations, before you sue a trucking company. You must also familiarize yourself with the steps to take when filing a lawsuit against a trucking company. An experienced truck accident lawyer can assist you in navigating the legal process surrounding a truck accident claim, allowing you to rest and heal from your injuries.
Wondering if you can sue a trucking company for negligence in Chicago, Illinois? Call Ankin Law at 312-600-0000 to schedule a free case review.
What Is Considered Negligence in Trucking Accidents?
Negligence refers to any action (or inaction) that breaches the legal duty of care and results in injury or harm. Negligence in truck accident cases can fall on different parties, including the truck driver, trucking company, truck manufacturer, and cargo loader.
Truck Driver Negligence
Road users may suffer injuries, losses, property damage, or even death, when a truck driver makes a costly blunder, breaks traffic laws, or engages in reckless driving. In fact, accidents involving trucks already account for 63 fatalities in the first half of 2024.
Driving for many hours without resting could cause truckers to become fatigued. A fatigued driver is highly likely to cause accidents due to slow response time and less attention on the roadway.
Truckers may also drink or use other intoxicants while driving to remain awake. Such drivers can cause catastrophic crashes because alcohol and other intoxicating substances impair decision-making and coordination.
Using a phone, fiddling with the radio, and eating while driving qualify as distracted driving. These activities can take the driver’s eyes and focus away from the road and could result in serious accidents.
Failure to comply with regular traffic laws amounts to negligence. You can pursue compensation if you suffered harm in an accident caused by a truck driver who ignored or failed to observe standard road rules and regulations.
Trucking Company Negligence
A trucking company can be negligent in a truck accident if its actions or lack of action contributed to the accident. The company may have, for instance, ignored industry safety standards by exceeding load limits or removing rest breaks for truck operators.
You may have grounds to sue a trucking company for a blown out tire. The reason is that mechanical issues like tire blowouts and brake failures indicate negligent maintenance of vehicles.
Trucking companies are often liable for accidents caused by drivers who lack the right training and qualifications. The right training goes beyond the technical driving skills. It also includes knowing and adhering to traffic laws and safety requirements.
Trucking company negligence can arise from negligent hiring practices. The company can be at fault for a crash caused by a driver with a history of drunk driving, careless driving, or other traffic law violations.
Truck Manufacturer Negligence
Negligence in a truck accident may fall on the company that made the truck. This is especially true if a manufacturing defect played a significant role in the accident. An example is when a defective braking system prevents a vehicle from stopping in time to avoid an accident.
Besides the truck manufacturer, a manufacturer of a specific part or equipment could shoulder liability for a truck accident.
Cargo Loader Negligence
Cargo loader negligence happens when negligent loading practices cause a truck accident. The loader may have overloaded the truck, placed the load in the wrong place, or failed to secure the cargo properly.
Factors to Consider Before Suing a Trucking Company
Victims should consider the following factors when determining whether to sue a trucking company.
Severity of Your Injuries
The extent of your injuries should be taken into consideration before taking legal action against a trucking company. With an accurate idea of the severity of your injuries and how your life will be impacted, your lawyer can better assess the damages you’re owed. The more serious your injuries, the higher the amount of recoverable damages.
Ask your doctor, physical therapist, and other involved healthcare professionals how your injuries will affect your life. Will you return to work? If so, how will your injuries limit your ability to work? Also, find out if you may need lifelong care and support.
Who Is to Blame for the Accident
When it comes to truck accident liability, there are multiple parties that can be held accountable for your losses. Determining who to hold liable in your case can help you make a decision on how you want to move forward. If multiple parties share liability in your claim, it can increase the amount of insurance coverage available to you.
Comparative Fault Laws in Illinois
Illinois operates under the modified comparative fault rule for recovering damages after an accident. This means the compensation you receive is adjusted based on the percentage of fault assigned to you. If you are found to be more than 50% at fault for the accident, you are barred from recovering compensation.
Scope of Your Damages
Work with your lawyer to determine all damages you have incurred and may continue incurring due to the accident. Compensatory damages available in truck accident cases are economic and non-economic damages.
Economic damages cover financial losses caused by the accident. They include medical bills, lost income, reduced earning capacity, and damage to valuable possessions. Non-economic damages are losses that are not easy to assign a monetary value. They include pain and suffering, mental agony, disfigurement and scarring, and diminished quality of life.
Statute of Limitations
Illinois has laws that set time limits for pursuing personal injury claims, including those involving truck accidents. These laws are known as the statutes of limitations.
The statute of limitations in Illinois grants victims two years from the date of the accident to file a lawsuit. However, there are certain instances where this deadline can be moved or extended. A truck accident lawyer can help you determine how the statute of limitations affects your case.
It’s a good idea to talk to a lawyer and file your claim as soon as possible to ensure you file within the time limit. If you do not file within the time limit, you may be barred from pursuing compensation.
Steps to Take When Filing a Lawsuit Against a Trucking Company
When filing a lawsuit, taking the following steps can prove beneficial to your claim:
Carrying Out Investigations
A comprehensive investigation is essential to compile compelling proof of the trucking company’s negligence. Your case must be strong enough to sail through the different stages of the lawsuit process. The court can dismiss your complaint at its initial stages if it lacks merit. Your best shot at developing a solid case is to let your lawyer handle the investigation and evidence collection.
Determine the Worth of Your Truck Accident Case
You must determine the total compensation to pursue from the trucking company before filing a lawsuit. Your lawyer will sum up all your losses and consult with various professionals, including medical practitioners, vocational experts, and life care planning officers, to arrive at the total value of your case.
File a Complaint and Serve the Trucking Company
Your lawyer will prepare a detailed complaint and file it in court alongside other legal documents. The lawyer will then serve the complaint and other court documents on the defendant. Your case will commence immediately after you produce proof of serving the defendant.
Discovery
The discovery phase will start after the defendant has filed a response to your complaint, and you have convinced the judge not to grant the defendant’s motion to have your case dismissed. Discovery will enable you to obtain all evidence that the trucking company will use to challenge your claim.
The trucking company and its insurer will take settlement negotiations seriously if you and your lawyer obtain more valuable evidence through the discovery process. In fact, you may receive a reasonable settlement offer immediately after discovery.
Go to Trial
Illinois laws allow you to move your case to trial if you cannot reach an agreement with the trucking company and its insurer. You and the defendant will get a specific amount of time to argue your cases.
The judge or jury will issue a verdict upon hearing both sides and considering the evidence, facts, and arguments presented. The verdict will state whether the defendant is legally responsible for your injuries and the amount of liability they hold. Also, it will specify whether you contributed to the accident and the total compensation the defendant owes you.
You can rely on the skilled truck accident lawyers at Ankin Law to help you receive full compensation. We have a 98% success rate in personal injury cases in Illinois. Contact us to get a free consultation.
