The effects of a truck accident go beyond sustaining severe injuries. You have to work through various legal obstacles to secure the compensation you need to restore order in your life. This situation can leave you wondering, “Do I need a lawyer for a truck accident lawsuit?”
A truck accident lawyer can help you understand your state’s truck accident laws and regulations applicable to the trucking industry. This knowledge in handling truck accident cases can help you obtain fair compensation.
Call Ankin Law at 312-600-0000 if you need a lawyer for your upcoming truck accident lawsuit.
Truck Accident Laws in Illinois
It’s important to understand the laws surrounding truck accidents. These types of accidents are a common occurrence, and, should you find yourself involved in one, being informed can protect your rights.
Insurance Regulations for Commercial Trucks
Illinois has strict insurance regulations for trucks that transport cargo for commercial purposes. The minimum insurance coverage varies based on the nature of the cargo that a truck hauls. Trucks transporting household products must have a minimum coverage worth $300,000.
The minimum coverage increases to $750,000 for general freight trucks. The minimum coverage amount rises further to $1,000,000 for vehicles transporting oil. Hazmat trucks (vehicles hauling hazardous materials) have the highest minimum coverage limit, which stands at $5,000,000.
These insurance requirements ensure trucking companies have sufficient funds to cover losses and damages resulting from their negligent actions or truck operator’s negligence.
Size and Weight Caps
Size and weight limits calculated using the Federal Bridge Formula apply to commercial vehicles in Illinois. The permitted size and weight limits in the state include:
- Truck width limit of 102 inches on all roadways unless a road sets a narrower limit
- Length limit of 53 feet
- Height limit of 13 feet, 6 inches
- Maximum weight of 20,000 pounds for a single axle
- Maximum weight of 34,000 pounds for a tandem axle
- Maximum gross vehicle weight (GVW) of 80,000 pounds
These size and weight limits exist to protect roads and bridges in Illinois from damage. They also protect road users from accidents that happen when trucking companies disregard these restrictions.
Commercial Driver’s License (CDL) Requirements
Drivers can get a CDL when they turn 18, but will strictly operate within the state and transport cargo. Those who are at least 21 years old are allowed to drive in and out of state and transport passengers.
Candidates must pass a three-part examination to get a CDL in Illinois. The first part is a pre-trip inspection, the second is a basic vehicle control assessment, and the final one is a driving test on the road. A 30-day waiting time applies to those who fail the examination thrice and want to try again.
Trucking companies must ensure their drivers have valid CDLs and meet all the requirements of operating a commercial motor vehicle. Companies that hire drivers without the required training can be legally responsible for an accident involving one of their truckers.
Comparative Fault
Illinois uses comparative fault concepts to assign liability between two or more parties who may have played a role in causing an accident. The rule used in the state is the modified comparative negligence model that bars persons who are more than 50% liable from receiving compensation. Your awarded compensation will be lowered by your level of liability for the crash if you are 50% or less liable.
Statute of Limitations for Truck Accidents
You must file your truck accident lawsuit within two years from the accident date. You have five years to file a claim for an accident that resulted in property damage only. Unless a special circumstance applies, you will be disqualified from filing a claim or receiving compensation for your losses if the set deadline elapses without suing the defendant.
A skilled Illinois truck accident lawyer can help you understand the laws and regulations relating to truck accident cases. Your lawyer can use his or her legal experience and in-depth analytical skills to establish negligence in the four common types of motor vehicle accidents.
What Are the Benefits of Hiring a Lawyer for a Truck Accident Case?
Learning the benefits of working with a truck accident lawyer can help you make a wise decision immediately after a crash. The main benefits of hiring a truck accident lawyer include:
Understanding Your Rights
Having a knowledgeable attorney on your side can be beneficial to your case. Your experienced truck accident attorney can guide you through the process of filing your claim, detailing your options, your rights, and the losses you can recover compensation for. Additionally, your attorney will advocate for you to ensure you get fully compensated for the damages you incurred in your accident.
A skilled attorney can ensure your rights are protected throughout your case. Your attorney may even catch details of your case that you missed that could strengthen your claim.
The process of filing a truck accident claim and going through all the steps can be overwhelming, especially when you’re trying to recover from your injuries and financial losses. Your attorney is your advocate during these times.
Timely Collection and Preservation of Evidence
Evidence can strengthen your truck accident case. Without it, your claim could be dismissed, or your compensation could be reduced. A truck accident attorney can assist you in collecting and preserving all relevant evidence and information surrounding your case before it is otherwise lost or compromised. Evidence is especially important, because liable parties will try to deny liability or reduce the payout.
Negotiations With Insurers
Insurance companies are rarely on your side. They will do everything they can to protect their bottom dollar and reduce the payout you receive. Because of this, you should never accept the insurance company’s settlement offer without talking to an attorney to ensure you’re getting a fair settlement. With an attorney assisting you with your insurance company negotiations, your chances of a higher settlement are increased.
Representation in Court
In the event a settlement agreement cannot be reached, your attorney will take your case to court. He or she can complete and fill out relevant paperwork with the court, take care of pre-trial tasks, and communicate your best interests at trial.
Common Questions About Truck Accident Lawsuits in Illinois
Victims pursuing a truck accident lawsuit frequently share the following inquiries:
Can a Trucking Company Be Liable for an Accident Caused by its Driver?
The Respondeat Superior Doctrine allows you to hold a trucking company legally responsible for its driver’s negligent actions in the event of an accident. This legal doctrine means an employer is vicariously liable for its employee’s negligence, provided that negligence happened when the employee was performing his or her work duties. The company can also be held legally responsible if its negligent actions caused the accident.
Your lawyer can identify who else may be liable in the truck accident. The lawyer can, for instance, determine the liable parties for an accident when traffic signals are not working.
What Is the Value of My Case?
No two truck accident cases are the same. How much money you can claim in a truck accident lawsuit will depend on the degree of your injuries, medical expenses, property damage, lost income, and non-financial losses like pain and suffering.
Is Illinois a No-Fault State for Truck Accident Claims?
People involved in truck accidents often ask, “Is Illinois a no-fault state?” Illinois is not a no-fault state. It is a tort or fault-based state. The driver liable for an accident covers the damages and losses incurred by the victim.
At Ankin Law, we provide a free case evaluation to look at the merits of your case and advise you on your legal options. Our law firm offers free consultations, and we work on a contingency fee basis. This means you will only pay after we secure compensation for you. Contact us to learn more about how our skilled lawyers can help you.
