Big trucks increase roadway danger.
Every 16 minutes a person is injured or killed from a truck accident. Most of the time the truck accident is caused by a passenger vehicle and approximately 16% of the time the fault falls with the driver of the truck. Federal laws are in place to protect passengers from illegal truck activities that would make roadways more dangerous including loads and sizes above legal limits for safe maneuverability in traffic situations. Other activities include common violations such as:
- Improper Maintenance
- Driver Fatigue
- Distracted Driving
- Reckless Driving
- Overweight Cargo
- Commercial Company Negligence
- Unsecured Loads
- Driving in Extreme Weather
- DUI Violations
At fault comparative negligence state.
Illinois is an“at-fault” state for vehicle accidents and bases awards on comparative negligence which allows for the injured party to contribute some degree of fault in the accident and still recover reduced damages based on their own percentage of fault. The modified comparative negligence system, as used in Illinois, considers a threshold of fault, that when surpassed, automatically renders a not-guilty verdict for the defense. In Illinois, if you are found to be more than 51% responsible for your accident during the course of your Illinois personal injury claim, your case is settled in favor of the defense.
Claims of Negligence.
Truck accidents often stem from the negligence of drivers, and other factors affecting driving patterns on Chicago’s busy roadways. Negligence is a “cause of action whereby a person’s conduct falls below the standard established by law for the protection of others against unreasonable risk of harm” according The Restatement (Second) of Torts. When a person’s actions, or omission to act, violate negligence standards, the law requires the violating person to compensate the injured parties.
Elements of Negligence.
- An owed duty of care between parties;
- a breach of duty;
- causal connection between the defendant’s conduct resulting in the harm;
- proximate cause;
- measurable damages due to defendant’s conduct.
Legal claim support toward best compensation includes:
Visual evidence: photographs taken at the scene and pictures of injuries.
Witness testimony: If there were any people at the scene, including passengers, their testimony can be valuable.
Police reports: When police arrive at the scene or when you file a police report, officers will be taking notes. They have an objective perspective and will document the events of the accident more precisely than the drivers after a collision. Their version of events could help your case.
Medical bills: The amount of your settlement is largely contingent on the extent of your injuries. If you were severely injured, go to the doctor and keep records of the treatment, tests, prescriptions, and bills you receive.
Seek legal counsel.
If you have been involved in a truck accident in Chicago Illinois, contact a professional truck accident attorney with the help of USAttorneys.com.