Truck drivers have a responsibility to operate their large vehicles safely and professionally. When a truck driver misbehaves on the road, whether intentionally or not, they can cause a serious accident. Truck accident victims tend to suffer serious injuries and extensive vehicle damage. Because their financial costs may be great, injured parties may want to pursue legal action against the truck driver or trucking company to recover their losses.
These cases are complex, however, and an Oak Lawn truck accident lawyer may be able to help you. Call today to find out if a personal injury attorney can help you receive compensation for your injuries and other damages.
One reason truck accident lawsuits are so complicated is because there are usually several parties involved. Often, an individual will file their claim against the driver and the trucking company. A negligent driver is responsible for the damage they cause on the road. If the trucking company encouraged the driver to operate their vehicle in an unsafe manner, however, the company itself may be liable for the injuries the accident caused.
In some states, truck accident victims cannot pursue compensation for their injuries if they were partially at fault for the accident. However, Illinois personal injury law allows victims and their Oak Lawn truck accident attorneys to file a claim even if they were partly to blame for the crash (735 ILCS 5/2-1116).
This is known as the comparative negligence standard. In any auto accident, each driver’s negligence is compared to determine who was more responsible for the crash.
For example, if an intoxicated truck driver strikes a speeding vehicle, both drivers may be partially at fault for the accident. A court would examine who was more at fault: the truck driver or the speeding vehicle. If the truck driver was more than 50% at fault, the other driver can still pursue a legal claim for compensation.
Truck accident victims in Oak Lawn commonly seek compensation for their medical bills, vehicle damage, lost income, and the trauma they endured. They must prove that the truck driver’s negligence outweighs their own by a preponderance of the evidence.
When a 10,000-plus pound vehicle is involved in a crash, drivers in smaller vehicles can sustain serious injuries. Sadly, many truck accidents turn fatal. Victims may sustain deadly injuries at the time of the crash, or succumb to their injuries later.
When that happens, the accident victim’s family, with the help of an Oak Lawn tractor trailer lawyer, may be able to file a wrongful death claim against the truck driver or the trucking company. Again, the family would have to prove the truck driver’s negligence caused the fatal accident.
A seasoned attorney can investigate the accident, gather police reports, and work with experts to determine how the accident occurred. Then, the victim’s lawyer can use that evidence to support their claim against the insurance company or in court.
If you were recently hurt in a truck accident and believe the truck driver acted negligently thus causing the crash, call a skilled Oak Lawn truck accident attorney today. A lawyer can review what happened and provide you guidance on your legal options.