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When you are injured in a car accident, whether it involved another car, or a truck, many of the issues are similar. But trucking accidents add a whole new layer to the situation. First, because of the disparity in size and weight of the two vehicles, there is a much greater risk of severe injury when hit by a truck. Second, the laws and regulations involving large trucks are different and more complex than for cars.

In truck accidents, like in car accidents, you would likely be bringing a lawsuit based on negligence. This means that there was a duty of reasonable care that was owed to you that could have avoided the accident, but for the fact that this duty was not exercised. As a result, you suffered damages in the accident.

In truck accidents, though, there are additional issues:

Who is the defendant?

There are multiple possibilities for defendants in cases involving commercial trucks, depending upon what the cause of the accident was. The driver is the most obvious defendant who might be liable for your injuries. The truck manufacturer and the trucking company may also share some blame. In some cases, depending on what was being transported by the truck, the manufacturer of the cargo may have some responsibility if the cargo itself contributed to the accident or injuries.

What caused the accident?

Car accidents typically involve some violation of the rules of the road, such as failing to stop at an intersection, improper lane usage, etc. Accidents with large trucks and tractor-trailers can also be caused by these types of driver error. In addition, though, there are state and federal laws and regulations which govern many aspects of truck driving, and if violated, accidents can occur. For example:

• Proper training of truck drivers helps to prepare them for the unique differences in operating their vehicles, and to avoid accidents.
• Drivers have specifically-mandated limitations on the number of hours that they can be on the road, and the breaks they are required to take. The federal rules control not only the amount of hours that can be driven at one time, but also the number of days off in relation to the time driving. This helps to ensure that driver fatigue and falling asleep at the wheel will not occur. Truck drivers are required to keep logs that show, among other things, that the rest requirements are met.
  Sometimes companies can contribute to drivers running afoul of the regulations, by offering financial gain for service that would encourage the driver to use faster speeds than appropriate. Similarly, they can create schedules for their drivers that do not take into account the proper rest time regulations.
• There are safety standards that trucks have to comply with regarding their size, weight, and other equipment issues. This includes the specific equipment components of tractor-trailers. These safety standards are necessary for preventing accidents because of the additional danger that trucks pose in a collision.
• If a truck is transporting hazardous materials, there are regulations governing the many issues involved. In addition to the injuries that can occur from the impact of a collision with a truck, if there is hazardous cargo involved there can be also be a risk of burns and respiratory injuries.

What are your damages?

Getting compensation for you injuries in a truck accident can include payment for the damage to your car, your medical bills, and your loss of work. You may also be able to recover for the pain and suffering you experienced, and the loss of your enjoyment of life you will experience in the future. In some cases, depending on the circumstances with the driver or the trucking company, there may be additional damages to punish very bad behavior and violations of laws and regulations.

Many attorneys have experience with typical car accidents, but do not have the specialized experience with accidents involving trucks and tractor-trailers. Knowledge of both Illinois and federal law is key, as well as all the complex issues involving evidence collection and medical experts. We know a lot of the top lawyers for truck accident cases throughout Illinois and would be happy to refer you to a law firm that would fight for you. For a no cost, no obligation consultation with an experienced Illinois injury attorney, please contact our office. All calls and e-mails are 100% confidential.