If you have been injured in a truck accident in the Chicago area, the medical bills may be piling up, you have lost your stable income, and are trying to recover from severe injuries. According to federal estimates, some 107,000 truck accidents resulted in life-altering injuries in 2020. Truck accidents are among the most dangerous vehicle accidents. Semi-trucks are simply heavier and more difficult to handle than your average car. So who is liable for the injuries that you suffered?

Potentially Liable Parties in a Truck Accident

In many cases, truck accidents are caused by a negligent driver due to various factors including driver fatigue, drunk driving, improperly secured loads, and defective truck parts. These are some of the potential parties you may be able to sue following a truck accident depending on the cause of the accident:

• Truck Driver – If the driver was speeding, driving drunk, or being negligent in any way and caused the accident, you could sue the driver for your losses.
• Trucking Company – The employer is supposed to properly train drivers to ensure that commercial trucks are operated safely. This includes regular maintenance and inspection of the company trucks.
• Cargo Loading Companies – If the truck driver is transporting merchandise for another company, the loaders share responsibility for checking that the cargo is properly secured or that the truck is not overloaded.
• Parts Manufacturers – Steering problems, tire blowouts, or brake failures could be the result of defective parts in which case the manufacturer or distributor may be liable.
• Other Parties – The county, state, and national authorities responsible for road maintenance and the implementation of trucking regulations could also be held liable.

Determining Liability  

Truck accidents require a full investigation into what led to the accident to determine if the injuries caused were due to the negligence of one or more parties. Modified comparative laws in Illinois dictate how responsibility for an accident is shared. They allow individuals to recover compensation for their losses even if they are partially responsible for the accident. If you are found to be 20 percent at fault for the accident, you will recover 80 percent of the damages. As long as you are not more than 50 percent at fault, you can still collect damages. 

Whether you are running errands or driving around enjoying the sights, if you are rear-ended, it may feel like getting the wind knocked out of you because you do not see it coming. Rear-end collisions are the most common type of car accident in the United States, occurring in about 29 percent of all crashes. We see it all too often on Illinois freeways such as I-294 or I-90 when drivers do not slow down in time and, in some cases, these crashes lead to a pileup accident. If you are in the middle of one, you may be left wondering: Who is liable for the damage if you hit the car in front of you?

Rear-End Crash and Liability

A variety of things cause rear-end collisions every year, including people following too closely, distracted driving, and speeding. In Illinois, drivers are supposed to keep enough distance between their car and the car in front of them to avoid a crash. Therefore, in most rear-end car crashes, the rear driver is liable. In cases in which the front driver cuts off the rear driver or slams on the brakes without warning, the rear driver may not be liable. 

Illinois law allows someone involved in a car accident to pursue financial compensation for their damages. In such cases, the at-fault driver or their insurance provider may be required to pay for vehicle damage, medical bills, and other damages they caused.

You never know when you might be involved in a car accident with an uninsured or underinsured driver. Panic may set in when you learn that the driver at fault for the accident does not have car insurance. Who will pay the bills related to your injuries? Unfortunately, one in eight drivers is uninsured. At Quinn Law Group, LLC, we can explore several possible options to get the compensation that you are entitled to receive.

Uninsured Motorist 

Having protection in case you get in an accident with an uninsured driver offers some peace of mind. If you are in an accident with someone who does not have insurance, having uninsured or underinsured driver coverage on your own policy helps pay the costs of treating bodily injuries you and your passengers sustain. Any auto insurance company that provides policies to the residents of Illinois is required by law to offer their customers uninsured and underinsured motorist coverage.

After an accident, you will need to file a claim with your own insurance company. Your coverage may also help cover your lost wages. However, under the law, policyholders can decide not to carry this type of coverage.

Distractions while driving come in various forms. Perhaps a driver is overwhelmed by the complex travel details of dropping someone off at the airport or is simply admiring the holiday lights and misses a stop sign. Whatever the case may be, distracted driving is a leading cause of car accidents in the United States. In 2020, there were nearly 250,000 vehicle accidents in Illinois and nearly four percent of those crashes involved distracted driving. Taking your eyes off the road for even a second can make you veer into incoming traffic, causing severe personal injuries. 

Distracted Driving

Distracted driving happens anytime a driver stops paying attention to the rules of the road because they are doing something else. Here are some examples of distracted driving, which, while they are not against the law in Illinois, can certainly lead to accidents:

• Visual – Changing the radio station or checking out Christmas lights

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Currently, some two million people are living with an amputation in the United States and traffic accidents are the second leading cause of amputations. No matter how cautious you may be behind the wheel, you are still putting your life at risk every time you take to the road. Catastrophic injuries suffered in a car accident can have a significant negative impact on your life and if you or a family member has been injured in a car crash, you should consider seeking car accident injury compensation.

Do Not Wait Too Long

We understand that your recovery is first and foremost. However, you cannot let too much time pass by. If your hope is to recover compensation for the injuries and losses you suffered, it is imperative that you take legal action before it is too late. In the state of Illinois, you have two years from the date of the accident to file a lawsuit. 

If your injuries are the result of someone’s negligence, you deserve to be compensated for your damages. You may be entitled to compensation for past and future medical bills. These damages can include the following: