Some Crucial Information About Truck Accidents in Illinois
Understanding why truck crashes happen, who may be responsible, and how comparative fault can affect an Illinois truck accident claim.
Quick Take: Truck accidents can result in serious injuries because of the size and weight of commercial trucks. Determining who is responsible for an Illinois truck accident may require investigating the truck driver, trucking company, vehicle owner, cargo, and potentially the manufacturers of the truck or its parts.
According to the Insurance Institute for Highway Safety, more than 4,100 people died in large truck accidents in 2019 alone. Sixteen percent of the people who died were truck occupants, 67% were passenger vehicle occupants, and 15% were pedestrians, motorcyclists, and bicyclists.
Additionally, according to the IIHS, the number of people who died in truck accidents in 2019 exceeded the number who died in 2009 by 31%. Unfortunately, truck accidents are also common in Illinois. Commercial trucking is an important part of Illinois’ economy, and the state is among those with a high number of fatal truck crashes.
Understanding the common causes of truck accidents, the parties who may be liable, and Illinois’ comparative fault rules can help injured victims understand the issues that may affect a truck accident claim.
Common Causes of Truck Accidents in Illinois
Truck accidents in Illinois can occur for a variety of reasons. Some common causes of truck collisions include:
High Speeds
Impaired Driving
Driver Fatigue
Distracted Driving
According to the Federal Motor Carrier Safety Administration, fatigue, impaired driving, and speeding are major factors in truck accidents. Although the presence of these factors does not necessarily mean an accident will occur, they can increase the risk of a crash.
Why Driver Fatigue Is a Serious Trucking Safety Concern
Fatigue can be particularly concerning in the trucking industry because truck drivers may work long hours. A fatigued driver may experience problems that affect the ability to safely operate a commercial vehicle.
Response Time
Fatigue can affect a driver’s ability to respond quickly to changing roadway conditions.
Decision-Making
A fatigued driver may have difficulty making sound decisions while operating a truck.
Focus
Fatigue can make it more difficult for a truck driver to maintain attention while driving.
According to an FMCSA Large Truck Crash Causation Study, fatigued drivers account for approximately 13% of truck accidents.
Who Is Liable in an Illinois Truck Accident?
In Illinois, to recover compensation after a truck accident, an injured person generally must establish that another party’s negligence caused the accident and resulting damages. Sometimes one party may be responsible for a truck accident, while in other situations, multiple parties may potentially share responsibility.
Establishing liability after an Illinois truck accident can be challenging. An investigation may need to examine the circumstances surrounding the collision, the conduct of the truck driver, the condition of the vehicle, and the actions of other potentially responsible parties.
Investigating Liability
A truck accident investigation may involve identifying and questioning witnesses, retrieving available security footage and photographs, reviewing police reports, and hiring an investigator to examine the accident.
Potentially Responsible Parties
How Is Liability Investigated After a Truck Accident?
Because multiple parties may potentially be involved in a truck accident claim, determining what happened may require gathering evidence from several sources.
Identify Witnesses
Witnesses may have information about how the crash occurred and what happened immediately before the collision.
Gather Video and Photographs
Security footage, photographs, and other visual evidence may help establish what occurred before and during the accident.
Review Police Reports
Police reports may provide information about the crash, the parties involved, and the circumstances documented at the accident scene.
Investigate the Accident
An investigator may be used to examine the accident and gather additional information relevant to determining responsibility.
Illinois Comparative Fault in Truck Accident Claims
Illinois uses a modified comparative fault rule. Under this rule, if an injured person is found to be partially at fault for an accident, the amount of compensation recovered may be reduced by that person’s percentage of fault.
Example of Comparative Fault
If you suffer $200,000 in damages in a truck accident and are found to be 30% at fault, your award would be reduced by 30%, or $60,000, under the example provided.
Under Illinois’ modified comparative fault law, if you are found to be more than 50% at fault, you are barred from recovering damages under the statute.
Because comparative fault can affect the amount of compensation recovered, determining each party’s responsibility can be an important part of an Illinois truck accident claim.
Damages in an Illinois Truck Accident Claim
Depending on the circumstances of the accident and the injuries involved, damages in an Illinois trucking accident may include:
Medical Expenses
Past, current, and future medical expenses related to accident injuries.
Lost Wages
Income lost because of injuries and time away from work.
Lost Earning Capacity
Losses associated with an injury’s impact on the ability to earn income.
Quality of Life
Damages associated with a decrease in quality of life resulting from accident-related injuries.
Frequently Asked Questions About Illinois Truck Accidents
What are common causes of truck accidents in Illinois?
Common causes discussed in this article include high speeds, impaired driving, driver fatigue, and distracted driving. Truck crashes can have multiple contributing factors, so investigating the circumstances of the collision is important.
Who can be held liable for an Illinois truck accident?
Potentially responsible parties may include the truck driver, trucking company, truck owner, cargo company, truck manufacturer, or part manufacturer, depending on the circumstances of the accident.
Can I recover compensation if I was partially at fault?
Illinois follows a modified comparative fault rule. A person’s compensation may be reduced according to their percentage of fault, and a person found to be more than 50% at fault is barred from recovering damages under the statute.
What damages may be available after a truck accident?
Depending on the circumstances, damages may include medical expenses, lost wages, lost earning capacity, and damages associated with a decrease in quality of life.
Contact a Champaign Truck Accident Attorney
Have you, a family member, a friend, or someone you know been involved in an Illinois truck accident? Contact a Champaign truck accident attorney at Patel Law, PC., to discuss your legal options.
