Before getting into questions related to the process and procedures of cases involving Illinois truck accidents, it is important to offer some overview of the general nature of these incidents and lawsuits. This should help you understand the broader context of this field of law as well as show you similar cases. Additionally, it will give you a practical view of how they ordinarily start.
HERE ARE THE MOST COMMON KINDS OF ILLINOIS TRUCKING ACCIDENT CASES:
This is far and away from the most common form of Illinois truck accident lawsuit. The central premise of this action is that some parties acted unreasonably and that misconduct caused your injury and damages. Negligence cases can be direct or indirect. Direct negligence lawsuits allege that the party who actually caused the collision is liable to you. Indirect negligence lawsuits allege that some other party (such as an employer) is responsible even though they were not there and did not practically cause the accident.
Often times, plaintiffs use both direct and indirect theories of negligence in their case. Also, the ways in which plaintiffs tie employers, individuals, and other actors into indirect liability theory include evidence of supervision, hiring, and other things. To get them on the hook for indirect negligence liability, plaintiffs have to show that the distant party had some sort of control over the person who injured you and that that person was acting for the benefit of the indirectly liable party.
- PRODUCTS LIABILITY
While not as common as negligence cases, products liability cases sometimes do emerge in trucking accidents. What these basically set out is that a manufacturer’s faulty design or production caused you injury when you were using it as it was reasonably intended to be used. For instance, if a faulty tire goes out when it should not have and forces you into a collision, then you could seek recovery against the manufacturer of the substandard tire. It is not uncommon for plaintiffs to pursue theories of negligence and product liability in their lawsuits.
- FALLING CARGO
We have all seen a truck going down the road with way too much cargo stacked onto it. The consequence of this over-packing is that it makes the vehicle liable to rollover, jackknife, or even lose control of the items it is carrying. Many truck accident cases involve debris falling off and injuring others including things like lumber, equipment, and tubes. There are many laws with regards to packing trucks that drivers are required to abide by in order to avoid these incidents. If they do not, and you are injured because of that failure, then you can bring an action against them. To learn more about falling cargo cases, click here.
- FATIGUED TRUCK DRIVER
Many people drive while they are sleepy. However, when the driver is a trucker operating a large vehicle, then the outcome can be disastrous and deadly. Studies show that truck driver fatigue is the cause of hundreds of thousands of accidents across the country. What many do not know, however, is that strict laws govern how long truckers can drive every day and that you can possibly obtain compensation if a sleepy trucker injures you after driving beyond that limit. To read more about fatigued truck driver issues in Illinois, click here.
- JACKKNIFE ACCIDENTS
Most people have witnessed jackknife accidents or seen them in a Hollywood movie. They occur when the compartment section of a truck swings around to resemble the closing of a jackknife. The sheer size of the vehicles and velocity of this movement portends serious trouble and often times that is exactly what happens. What causes these bizarre situations? Many issues can trigger jackknife accidents but common catalysts include weather or road conditions, driver misconduct, equipment failure, and many others. To understand more about these incidents, click here.
- LEFT/RIGHT TURN ACCIDENTS
Many trucking accidents in Illinois come down to the basics: left and right turn. Left turns are particularly challenging and risky for truck drivers as they attempt to make their way through the gap between oncoming traffic. Commonly, while trying to do this, they fail to see a bicyclist or pedestrian in their way and inadvertently hit them. To review the issues associated with left and right turns in trucking accidents, and identify what compensation could be available to you, click here.
- SIDESWIPE ACCIDENTS
Cities across Illinois are incredibly congested and teeming with pedestrians, bicyclists, cars, and trucks. It is not uncommon for them to bump into each other. Unfortunately, when one of the parties to an accident is a truck, the damage tends to be exaggerated. This is normally the case because they dwarf whomever they crash into and because the impact can send the victim flying into the surrounding vicinity. To learn about the nature of trucking sideswipe accidents, click here.
- SPEEDING TRUCK ACCIDENTS
Sometimes truck accidents in Illinois come down to the basic law of following the speed limit. While strict federal guidelines prescribe exactly how truckers should act while on the road, this does not prevent many of them from speeding across highways and tollways while careless, drunk, or tired. To read more about the consequences that truckers face if they speed, and what you can do if they hurt you while speeding, click here.
- TRUCK MAINTENANCE
Truckers in Illinois and across the country have affirmative obligations to inspect and repair their vehicles to protect against accidents. Federal laws require them to monitor their breaks, lights, tires, and other parts of their rigs. If they do not meet these standards and you are injured as a result, then you can sue them for damages. To understand how and why click here.
For more information on questions related to Truck Accidents please visit the following pages: