Some Crucial Information About Truck Accidents in Illinois
According to the Insurance Institute for Highway Safety, more than 4,100 people died in large truck accidents in 2019 alone. 16% 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 of those that died in 2009 by 31%. Unfortunately, truck accidents are quite common in Illinois. This is because, in Illinois, commercial trucking is a crucial part of the economy. Sadly, Illinois is among the top states with a high number of fatal truck crashes. Below is some more crucial information about truck accidents in Illinois.
Common Causes of Truck Accidents in Illinois
Truck accidents in Illinois occur because of a variety of reasons. Some of the common causes of truck collisions in Illinois include;
- High speeds
- Impaired driving
- Sleep-deprived drivers
- 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 three factors does not always mean an accident will happen, these factors can increase the risk of a crash occurring. Fatigue is a particularly serious problem in the trucking industry because of the long working hours. Fatigue can affect a truck driver’s
- response time,
- ability to make good decisions, and/or
- ability to maintain focus.
According to one particular study by the FMCSA, fatigued drivers account for approximately 13% of truck accidents.
Who Is Liable in an Illinois Truck Accident?
In Illinois, for you to recover compensation after a truck accident, you must show that another party’s negligence caused your accident. Sometimes, one party is liable for a truck accident, and other times, more than one party is responsible for a truck accident. Regardless of the situation, you need a skilled truck accident attorney to help you establish liability because establishing liability after an Illinois truck accident can be challenging. To help you determine who is responsible for your truck accident, an attorney will most likely, among other things;
- Identify and question witnesses.
- Retrieve security footage and photographs, if any
- Review police reports
- Hire an investigator to investigate the accident
When it comes to truck accidents, some of the possible at-fault parties include;
- The truck driver
- The trucking company
- The truck’s owner
- The cargo company
- The truck manufacturer
- Part manufacturer
Comparative Fault Theory
The state of Illinois uses the modified comparative fault rule. According to this rule, if you are found to be partially at fault for your truck accident, the amount of payment you recover will be reduced by your percentage of fault. If, for example, you suffer $200,000 in damages in a truck accident and you are found to be 30% at fault, your award will be reduced by 30% or $60,000. Unfortunately, under the modified comparative fault law, if you are found to be more than 50% at fault for your truck accident, you will be barred from recovering compensation. Some of the damages in an Illinois trucking accident include;
- Medical expenses (past, current, and future)
- Lost wages
- Lost earning capacity
- 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.