If you’re driving down the highway at 55 mph and see a hazard up ahead, you would need around 240 feet to come to a complete stop. That is close to the full length of a football field. It is rare to see cars on the highway with that much braking distance. Now, imagine you see an 80,000-pound semi-truck in your rearview mirror. Unless that truck has double the braking distance or around two football fields between you and the truck, you can expect to be in a collision if you suddenly stop.
A collision with a big rig is more complicated than a typical highway accident. That is because many more factors go into assessing who is at fault in the accident. It might not just be the truck driver who could be held responsible for the accident. This is why you want a skilled Chicago truck accident lawyer working on your claim.
At Thomas Law Offices, we offer the kind of support and guidance to our clients that always helps them make an informed decision about the best way to achieve a settlement.
When you retrain the services of the Thomas Law Officers as your Chicago truck accident lawyer, you’re gaining more than qualified legal representation. You’ll be working with a team that works diligently to help our clients achieve the maximum possible benefits the law allows. This is how we can help:
Our attorneys have decades of combined experience tackling all types of truck accident cases.
We understand the challenges that come with sorting out how the accident happened. Because truck accidents also often trigger federal investigations, the Federal Motor Carrier Safety Administration (FMCSA) will get involved. The FMCSA sets rules for all aspects of trucking, from cargo securement to the number of hours a driver can work.
Not complying with those regulations creates a situation where negligence causes accidents.
In addition to the national laws, our attorneys are extremely familiar with the Illinois traffic and trucking regulations. We also know the court systems and filing deadlines.
According to Illinois state law (735 ILCS 5/13-202), the statute of limitations is two years. Does that pertain to the insurance claim or the civil lawsuit? We can provide that answer and ensure you take the right action.
Although accident claims deal with the same laws, each case is unique. We understand each case’s complexities and our individual clients’ needs. Our team will strive to provide you with regular updates about your case. We will also review any settlement offer to decide together whether you should accept it or if there is room to pursue a more reasonable amount. We will always present all the options that allow you to make the decision that is best for your needs.
We have a dedicated team of trusted medical experts, accident reconstruction specialists, and other professionals who can work together to support your version of the accident. Their work can involve direct testimony and visual aids that clearly lay out the facts of the case.
Filing a claim with an insurance claim isn’t just about filling out a form and uploading it to a company’s website. It’s about following up and making sure the insurance responds to the claim and not dragging its feet. When it is appropriate to enter into negotiations, we will present all the collected evidence and the total number of your losses.
Our goal is always to achieve the maximum settlement amount for our clients.
When we agree to work together, we enter into a partnership. You have the right to seek a remedy to compensate for someone else’s negligence that caused harm to you and your family.
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From fender-benders to serious crashes, we help you pursue the money you need for medical bills, repairs, and time off work. Don’t face insurers alone—request a free case evaluation.
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If you are involved in an accident with a truck in Chicago, there are several steps you need to follow to preserve your claim. Here’s what you need to do:
The police don’t always respond to minor car accidents where no one is injured, but will always respond to a truck accident. Truck accidents need to be thoroughly investigated because of all the potential consequences of following state and federal trucking laws, starting with the crash report generated by law enforcement.
That report can become the foundation on which you and your Chicago truck accident lawyer can build your case.
After a truck accident, some injuries will be obvious, and some will not. It is important to see medical care right after your truck collision, even if you don’t immediately feel pain.
That initial visit will generate the first medical record that will begin a record of expenses that will be part of your damages.
You might start collecting evidence right at the accident scene. That could come in the form of cell phone photos and videos and witness contact information. Along with that evidence, you also need to preserve all your medical records and pay stubs to document any lost wages and any estimates for your car repairs.
It is also important to speak with an attorney so you understand all the options for processing your claim. There are some issues that you want a lawyer to take over.
One of the first questions you might ask your truck accident attorney is how long it will take to get a resolution. Because every accident is different, several factors can impact how long your truck accident case will take. The following are the elements that can impact on your claim:
Before the details of your claim can be presented in a demand letter to the insurance company, your accident needs to be thoroughly investigated from all angles.
We’ll need to collect all the available surveillance videos, dashcam recordings, and testimonies from witnesses to reconstruct how the accident happened. We will also delve into the truck driver’s work history to see if there is a pattern of negligence.
That investigation can take several weeks to complete.
Once your claim has been presented to an insurance company, they will conduct their own investigation.
If the at-fault driver disputes your version of the accident, there could be resistance from the insurance company to settle the matter.
On the other hand, there might be an obvious example of negligence, such as driving under the influence of drugs or alcohol. In those situations, your attorney will begin several rounds of negotiations to reach what you consider to be an acceptable offer. If there is an agreed-upon settlement, we’ll arrange for the transference of the funds.
What happens when there isn’t a reasonable offer or the insurance company believes the truck driver wasn’t at fault?
That’s when we might recommend advancing the insurance claim to a civil complaint. That meets filing with the appropriate Chicago civil court and setting up a trial. The evidence we collected for the claim will be presented to a jury. That can include your testimony. We will have you completely prepared for your court appearance.
Even though we are filing a civil complaint, we will strive to settle the matter out of court. When you present a strong case, insurance companies are often more amenable to presenting a fair offer to avoid a jury’s verdict.
An accident with a commercial vehicle isn’t limited to a truck carrying cargo. It can also include city buses, government vehicles, and more.
That opens up the list of potential at-fault parties to include the following:
The fault of the accident begins with the truck driver. Their actions must be thoroughly examined to determine how they might have caused the accident. Were they texting while driving or driving under the influence of alcohol? Were they in compliance with service hour regulations? Were they obeying the traffic laws? Everything comes into play.
The trucking company who hired the driver also has potential responsibility for the accident.
Did they perform the right background checks before turning the responsibility of that heavy rig over to a driver? If they ignored past infractions and citations, their judgment could be called into question.
Their work practices can also be an issue. Did they exert pressure on the driver to make deliveries at the expense of safe driving operations? All of those issues can be examined.
The majority of truck drivers do not load or unload their cargo. That’s handled by a third party contracted by the trucking company or another entity. The cargo loading crew must follow the regulations for proper securement.
If a load shifts during transportation, it could trigger an accident, putting the liability target directly on those loaders.
Was the cause of the accident a mechanical failure? That could be traced back to the last mechanic who serviced the rigged and possibly overlooked an obvious issue or provided inferior maintenance.
A system failure can also be attributed to the original manufacturer of the part. Other aspects of the accident investigation must be ruled out or included in the final claim.
When a government vehicle is involved in an accident, the relevant government regulations and hiring practices must be investigated. That includes accidents involving buses, fire trucks, utility rigs, or any other government-owned vehicle.
Government liability can also be an issue if the accident was triggered by improper road maintenance, poor signage, or other hazards that should have been remedied. Any time the government is involved, there’s an added level of complexity because of the possible immunity clauses.
When you get into a collision with a truck, it will not be settled between you and the truck driver, even in a minor fender bender. Protocols require the trucking company to be notified of any accident.
Once that happens, they will alert their insurance carrier, who might contact you before you recover from your injuries.
It is a good idea to politely decline to speak with the at-fault driver’s insurance carrier. Even the answer to a seemingly innocent question of “How are you feeling?” could be used against you. That doesn’t mean you won’t ever talk to that insurance company; you should have those conversations with the support of an experienced Chicago truck accident attorney.
If the Thomas Law Office team agrees to take on your case, we will take over all the communications with the insurance carrier. Once that happens, when they call, you are entitled to say, “Talk with my attorney,” and hang up the phone. We always want to ensure that any communication with the insurance carrier remains relevant to your version of the accident and the extent of your injuries.
We’ll begin the negotiation process as soon as we have calculated the potential damage amount with you. You might not know exactly what your recovery will cost or how it will impact your family down the road. Fortunately, we understand the nature of these accidents and their toll on our clients.
We can help you navigate the entire claim process from start to finish. Our goal will always be to keep you informed and to resolve the claim as quickly as possible and for the maximum amount.
All of this support begins with our free case evaluation. Call to set up that discussion with our Chicago truck accident lawyer today.
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