What should you do after a semi truck accident in Chicago?
Get medical care first, then protect your claim. Right after a semi truck accident, the claim agent for the trucking company and driver starts an investigation. The agent may try to take your statement, sometimes in the hospital while you are on medication, and ask you to sign medical authorizations. The purpose is to reduce the liability of the truck driver and the trucking company. The agent may also suggest you hold off on hiring a lawyer, to reduce the insurance company’s losses.
- Get treatment and follow your doctor’s orders
- Do not give a recorded statement or sign authorizations for the trucking company’s insurer before you talk to a lawyer
- Photograph the vehicles, the scene and your injuries, and get witness names
- Get the crash report number from the Chicago Police or the Illinois State Police
- Call a truck accident lawyer quickly, so the evidence is preserved
Why are semi truck accident cases different?
Because of the licensing, training requirements and vehicle rules unique to commercial truck drivers and trucking companies, truck accident cases are complex and need an immediate investigation so key evidence is not lost. A loaded tractor-trailer can weigh 80,000 pounds, the federal gross weight limit on the Interstate System under 23 U.S.C. § 127, and the injuries it causes are often catastrophic, such as
- Amputation
- Blindness
- Brain damage, closed head injury and traumatic brain injury
- CRPS, complex regional pain syndrome, and RSD, reflex sympathetic dystrophy
- Crush injuries and multiple broken bones
- Disfigurement
- Paralysis, spinal cord injury and permanent disability
- PTSD, post traumatic stress disorder
- Wrongful death
Which FMCSA violations cause truck accidents?
Interstate trucking companies and their drivers must follow the Federal Motor Carrier Safety Administration (FMCSA) regulations. As your semi truck accident lawyers, we investigate every possible cause of the crash and every FMCSA violation, including
- Lack of truck driver training or qualification
- Improper hours of service logs, and a sleep-deprived or fatigued trucker
- Driving drunk, or using drugs while driving
- A poor driving history the carrier ignored
- Failure to submit to truck inspections
- An overloaded truck or unsecured cargo
- Poorly maintained brakes
- Missing or improper lights, safety reflectors or warnings
- Missing underride guard protection
Fatigue rules are specific. Under 49 C.F.R. § 395.3, a property-carrying driver may not drive without first taking 10 consecutive hours off duty, may drive no more than 11 hours in the 14-hour period that follows, and must take a 30-minute break after 8 hours of driving. Separate FMCSA rules cover driver qualification, drug and alcohol testing, vehicle inspection and maintenance, and cargo securement. Illinois adopts most of these federal rules by reference, under 625 ILCS 5/18b-105, so they matter on Illinois roads even for trucks that never leave the state.
Who can be held responsible for a truck accident?
Often more than the driver. Depending on the facts, responsibility can reach
- The truck driver
- The trucking company or motor carrier, which is generally responsible for its driver’s conduct on the job and for its own hiring, training and supervision
- The owner of the tractor or the trailer, if different
- The shipper or company that loaded the cargo
- A maintenance or repair company
- The manufacturer of a defective part, such as brakes or tires
Naming every responsible party matters in Illinois. Under 735 ILCS 5/2-1117, every defendant found liable is responsible for all of your medical expenses, and a defendant 25% or more at fault is responsible for all of your other damages too.
How much insurance does a semi truck carry?
Far more than a car. Federal rules in 49 C.F.R. § 387.9 require for-hire interstate carriers hauling general freight to carry at least $750,000 in public liability coverage, and up to $5,000,000 for certain hazardous materials. An Illinois car owner’s minimum is $25,000 per person. Many carriers also have excess policies, which we identify early.
What evidence proves a truck accident case?
The trucking company holds most of it, and some of it is short-lived. Under 49 C.F.R. § 395.8(k), a carrier must keep a driver’s hours of service records for only 6 months. We send a preservation demand right away and pursue
- Electronic logging device and hours of service records
- Engine control module (black box) data on speed and braking
- Dispatch, GPS and phone records
- The driver qualification file and drug and alcohol test results
- Inspection, repair and maintenance records
- Bills of lading and cargo loading records
- Dash camera video, scene photos and the police crash report
What compensation can you recover after a truck accident?
Economic and non-economic damages can include
- Medical bills, and future medical care
- Lost wages, and future earnings
- Pain and suffering
- Grief, sorrow and mental suffering
- Disability, disfigurement and loss of quality of life
If you were partly at fault, Illinois reduces your damages by your share, and bars recovery only if you were more than 50% at fault, under 735 ILCS 5/2-1116.
How long do you have to file a truck accident lawsuit in Illinois?
Generally 2 years from the crash, under 735 ILCS 5/13-202. A death claim generally has 2 years from the death. A claim against a city vehicle or a CTA bus generally must be filed within 1 year. See the truck accident statute of limitations in Illinois.
Why hire Hoey, Farina & McMahon as your Chicago semi truck accident lawyer?
We are trial lawyers, and trucking insurers know which firms will try a case. James L. Farina has represented seriously injured people in transportation litigation since 1981, and the firm’s record includes a $33,000,000 jury verdict and a seven-figure settlement for a driver hit by a company driver who admitted he likely fell asleep at the wheel. Past results do not guarantee a similar outcome.
Our semi truck accident lawyers, investigators, paralegals and legal assistants work to protect your rights and get you the medical and financial recovery you need. Hoey, Farina & McMahon charges no upfront fees, so there is no financial burden to retaining a semi truck accident attorney. We collect a fee only after we obtain a settlement or verdict for you.
Learn more in our guides to truck accident liability in Illinois, truck accident claims in Illinois and truck accident settlements in Illinois.
