Chicago Truck Accident Attorney

Featured: Attorney Uche secures $1.18 milliom against Chicago police for wrongful death.

The average car weighs just 2,871 pounds while a truck weighs between 6,000 pounds to 40,000 pounds. The sheer size and weight of trucks means drivers of these trucks and all other road users have to be extra cautious. This is because, when they happen, truck accidents often cause the most serious and tragic accidents on the highway.

In Chicago, Trucks are an integral part of the economy. They play a crucial role in enabling industry in the state and help large goods move to where they are needed. Considering their prevalence, there are several regulations that guide the use of trucks – especially commercial ones – in order to prevent accidents. Yet, accidents still happen on a substantial scale. 

Accidents involving trucks will often result in serious injury or death to the victim. Large medical bills, loss of employment wages, and other expenses or consequences are some of the other consequences of truck accidents.

Being involved in a truck accident is not what anyone wishes for. The resulting injuries and damage can be devastating.  However, as a victim of truck accidents, you have legal rights that an excellent truck accident lawyer at Uche PC can help you enforce. 

This may include filing a personal injury or wrongful death claim for financial compensation.

At Uche PC, we’ve been providing quality and successful legal representation for victims of large truck accidents and their family members in Chicago.

If you or a loved one gets injured in a truck accident in Chicago, get in touch with us here or call our experienced Chicago truck accident lawyer at (844) 529-2444 as soon as possible.

Common causes of truck accidents

According to the Federal Motor Carrier Safety Administration (FMCSA), the actions that lead to truck accidents generally fall into six categories:

  • Decision (38%): This is when a driver drives too fast, misjudges the speed of other vehicles, or follows other vehicles too closely.
  • Recognition (28%): This covers instances where a driver becomes inattentive or distracted, or when a driver fails to observe a situation adequately.
  • Non-performance (12%): Drivers often fall asleep, suffer a heart attack or seizure, or suddenly become physically impaired.
  • Machine failure (10%): This covers where an accident was a result of vehicle problems (brake failure, for instance).
  • Performance (9%): Drivers may also panic or exercise poor directional control.
  • Environment hazards (3%): Bad weather or road defects may also result in a truck accident.

Human error can be seen to be the main cause of truck accidents. While some may be deemed ‘faultless’, the majority are faults that are actually preventable. 

What do you do after a truck accident?

These 4 things can make a lot of difference after a truck accident. If you get involved in a truck accident:

  • Stop and provide assistance: Whether or not you’re directly involved, you should stop and try to rescue or render aid to victims of the accident. If you’re directly involved in the accident, you should also provide your name, address, registration number, and driver’s license to others involved in the accident.
  • Seek medical attention: Safety first. Getting medical attention should be a top priority. This is necessary even if you do not immediately feel any injury or pain. For all we know, there may have been some internal injury that won’t show until a couple of days later. Seeking medical attention will also help your case when you’re filing a claim against the parties for your injury in a truck accident. If you don’t seek medical attention, proving your injury may become challenging.
  • Gather relevant information: Relevant information will be needed to ascertain the party at fault. Such information includes:
      • Photographs/video of the crash scene and resulting damages,
      • Contact information of other drivers or passengers involved in the crash 
      • Contact information of witnesses.
      • Insurance information of the other party.
  • Contact an experienced truck accident attorney in Chicago: At Uche PC, we offer free consultations, case reviews and evaluations. And if we do take on your case, we don’t take any payments unless we win.  This works to your benefit. So many victims of truck accidents fail to consult an attorney as soon as the accident occurs. This only works to harm their cases should they later decide to file a claim for financial compensation. As soon as the accident occurs, call us at 844-529-2444 or contact us at our office at: 314 N Loomis St #G2, Chicago, IL, 60607.

From the start of your case, we will begin to help you ‘make your case’; protect you from insurance companies that may try to run a number on you; and get you all your due compensation.

Establishing liability in a truck accident

Liability is based on the premise that each person has a certain set of responsibilities and obligations in any situation. Holding the responsible parties liable for their actions is important.

There are usually many parties that can be held liable in a trucking accident. All these persons who share various degrees of liability will be obligated to compensate you financially for your injury/loss.

Liability of the driver

Drivers of automobiles are duty bound to drive reasonably and obey all traffic laws or rules of the road. This duty of care also extends to other drivers and pedestrians. A driver that fails in their duty of care will no doubt be held liable for the resulting injury.

As such, under the theory of liability, the negligent driver will have to compensate you for your injury or loss. In this instance of course, you have to establish the following four elements:

  • That the driver owed you a duty of reasonable care to drive carefully, 
  • That this duty was breached,
  • That you suffered injury/damage/loss, and that
  • The breach was the direct cause of your injury.

Liability of the trucking company

The trucking company that hired the driver may also be held liable. In this instance, the theory of vicarious liability will be used to hold the employer responsible for the negligence of the truck driver in the course and scope of employment.

Aside from potential vicarious liability, the trucking company may also be held liable for their negligence in hiring, training, or supervising the truck driver. Here, it must be established that the trucking company:

  • Failed to use reasonable care in these activities; and 
  • This failure was the cause or contributory factor to the truck accident.

In these instances, the trucking company will also be obligated to compensate you financially if you file a personal injury claim or a wrongful death claim on behalf of a loved one.

Liability of the Cargo-loader or Truck Manufacturer

In many accidents, the accident may have occurred due to ‘mechanical failure’ of the truck. For instance, the truck accident may have occurred because the brakes of the truck failed. When this is the case, you may be able to hold the truck manufacturer liable for your injury/loss.

Our truck accident lawyers at Uche PC can help you recover damages by filing a product liability lawsuit against the manufacturer. In proving a case like case, you will need to establish that:

  • The manufacturer made or sold a defective product that was unreasonably dangerous, and that the
  • Defect was the cause of the accident and your subsequent injuries.

In some other truck accidents, negligence of the loader to fully inspect or secure the cargo may be the cause of the accident. Such carelessness means they will also be held liable for your injury in the truck accident.

What happens when it becomes difficult to determine liability?

In quite a number of truck accidents, determining the liable person(s) doesn’t come easy. Pinpointing the exact or number of persons responsible for the accident also could come with difficulty. The best way to determine this is to consult a qualified truck accident attorney.

To make your case, an experienced truck accident attorney will help you:

  • Interrogate other drivers through depositions,
  • Identify and interrogate witnesses through depositions,
  • Retrieve security footage and other evidence,
  • Hire an independent investigator to conduct a crash investigation,
  • Review police reports, etc.

What if you also share some fault in the accident?

First off, don’t ever admit fault to the other drivers or to insurance companies. You’re not the police or crash investigator. The accident, for all you know, may have occurred through very little or even no fault of yours.

Now, if after the investigation, it is ascertained that you’re partially at fault for the accident and your injury, you may still be entitled to compensation.

In Chicago, a modified comparative fault theory is in effect. Under this theory, the responsible parties must compensate you for the degree of their own fault. 

For example,  you are found to be 20 percent responsible for the accident, the defendant(s) will be held liable for the remaining 80 percent, and they must compensate you to that extent.

However, if your own fault in the accident is found to be more than 49 percent, you will be prohibited from recovering any damages.

What compensation can you get in a truck accident in Chicago?

All parties liable for your injury must pay damages to you. These damages can cover both economic and non-economic losses.

The financial compensation you can recover under economic damages will usually cover:

  • Medical expenses like doctors’ bills, hospital bills, physical therapy, rehabilitation, and replacement services,
  • Out-of-pocket costs related to your injury,
  • Lost wages and related losses. This may include loss of benefits or reduced earning capacity due to the catastrophic injuries,
  • Loss of future earnings, etc.

Non-economic damages on the other hand will cover the ‘intangible’ harms that you suffer. The liable persons will be obligated to financially compensate you for:

  • Loss of enjoyment of life
  • Pain and suffering
  • Mental anguish
  • Loss of consortium, etc.

In Chicago, you may also be able to seek punitive damages against the liable parties. This is especially true in cases where the actions of the defendant can be found to be reckless, grossly negligent, or with intention to harm.

Damages in a wrongful death case

If the accident results in the death of a loved one, you can also file a wrongful death lawsuit and recover damages against the liable persons. Compensations recoverable in a wrongful death case may additionally cover:

  • Funeral and burial expenses, 
  • The pain and suffering of the deceased
  • Loss of care and companionship, etc.

Proving liability and recovering damages no doubt will require you to tender evidence. This evidence will play a part in your claim and the amount of damages you’re entitled to. Hiring an experienced Chicago truck accident attorney that pays attention to details will go a long way in helping your case.

What can a Chicago truck accident attorney do to help?

From the moment the accident occurs, the driver at fault, the trucking company, and their insurers have already started the process of lawyering up. 

They will conduct their own investigation and try to absolve themselves of any liability for your injury. If they don’t completely absolve themselves, they will at least try to substantially reduce the compensation you should get.

This should not be happening and this will not happen if you’re backed by a skilled Chicago truck accident attorney. 

Recovering compensation in a Truck accident is not simple.  You need an attorney that can match the energy of insurance companies. Your attorney should also have a network of expert witnesses and investigators that can find evidence to support your claim.

At Uche PC, we have the skills, experience, and means to take up your truck accident and get all your financial compensation to you. In building a tight case for your claim, part of what we will do includes:

  • Reviewing camera footage, if available,
  • Finding and interviewing witnesses,
  • Reviewing police and accident reports,
  • Analyzing and reviewing medical records,
  • Consulting experts to reconstruct the accident scene and recreate the accident,
  • Preserving evidence and obtaining other relevant information.

Get in touch with Uche PC today

Attorney Uche has garnered a reputation nationally as a deal-closer, litigator, and trial attorney. He is currently recognized as a Top 40 lawyer under 40 by the National Trial Lawyers.

The residents of Chicago have, over time, come to rely on him and his legal team to successfully represent them in their truck accidents cases.

If you or a loved one gets injured in a truck accident in Chicago, look no further. Get in touch with us here for a free consultation. You can also call us at (844) 529-2444 as soon as possible.

Beyond focusing on truck accident cases, our firm also focuses on other forms of personal injury such as:

Call us immediately at: (312) 380.5341, if you or your loved one has suffered any injury as a result of a motor accident!

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Where We Are

Tel:              312.380.5341

Fax:             312.854.8001

Email:        nenye.uche@uchelitigation.com

Address:   314 N. Loomis St. Ste G2,                                    Chicago, IL 60607
Business Hours: 24/7

Uche P.C.

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