CARLINEVILLE TRUCK ACCIDENT ATTORNEY
Most Illinois drivers are accustomed to seeing tractor-trailers, delivery vehicles, and various other large commercial trucks as they drive. While most drivers encounter these large vehicles and reach their destinations safely without issue, others are not so fortunate. Truck accidents can and do happen throughout Illinois every year, often with devastating results.
Helping Carlinville, Illinois Clients Recover from Truck Accidents
If you or a loved one recently suffered injuries and economic losses in a truck accident, you need legal counsel with experience handling this type of situation to help you recover. A truck accident can be much more challenging to resolve than an accident involving standard passenger vehicles, and it’s possible for more than one party to bear liability for your damages. Additionally, the immense size and weight of these vehicles mean that accidents that happen are likely to be far more damaging than most other accidents.
Brandenburg & Rees, LLP, is a team of experienced Carlinville, Illinois attorneys capable of providing the comprehensive legal counsel you need to recover with confidence from a truck accident. We have helped many clients in the Carlinville area and throughout Illinois with their recovery efforts from our office in Carlinville, and we’re ready to put our professional experience to work in your case.
Determining Liability for Your Truck Accident
Illinois is one of many US states that enforces a fault-based system for handling car accidents. This means that whichever driver caused an accident absorbs liability for the other driver’s damages. Unfortunately, the same rule applies to truck accidents, and an at-fault driver who causes an accident may not have insurance coverage sufficient for covering the total losses this type of serious crash can cause. Additionally, if a truck driver caused the accident, liability may fall to them, their employer, or a combination of parties.
One of the most difficult aspects of many truck accident cases is the legal concept of “vicarious liability.” This concept applies whenever one party is responsible for the actions of another party. For example, a trucking company hires a new driver without performing an appropriate background check that would have revealed the applicant isn’t technically qualified for their position. As a result, if this new employee causes an accident due to their lack of qualifications, the employer faces vicarious liability since they failed to adequately assess the driver’s suitability for the position.
Truck accidents may also occur from a truck driver’s or trucking company’s failure to adhere to trucking industry regulations. Due to the critical importance of commercial trucking in the United States and the inherent dangers that large commercial trucks can present, the trucking industry is heavily regulated at the federal level through the Federal Motor Carrier Safety Administration (FMCSA), the US Department of Transportation, and other regulatory agencies.
Success with your impending truck accident claim could require proving a truck driver was negligent and/or their employer failed to fulfill their professional duties, resulting in your injuries. In addition, you may need to recover vehicle computer data, traffic camera footage, cell phone records, or a combination of various forms of evidence to clearly establish fault for your damages and secure the compensation you legally deserve. Brandenburg & Rees, LLP, has the resources and experience you need to approach any recovery efforts ahead of you with confidence and peace of mind.
Damages and Compensation Recoverable After a Truck Accident
An insurance claim is likely to be the first step in your recovery process after any damaging accident, especially a truck accident resulting in severe injuries. However, navigating the insurance claim process after a truck accident will be extremely challenging if you do not have an experienced attorney assisting you.
Your legal team can help you draft your demand letter to the defendant’s insurance company and ensure you receive a fair settlement offer for your claim. Illinois trucking companies typically have expansive insurance coverage, but these large companies and their insurance carriers often fight claims as hard as they can, looking for any justifications they can find to reduce a settlement offer or deny a claim.
If an insurance claim is an option after your trucking accident, your attorney will help you make the most of it and secure as much of a settlement as possible from the defendant. However, if your insurance claim cannot fully repay the entire scope of your claimable losses, you can file a personal injury claim against the defendant. A successful personal injury claim in Illinois can potentially yield compensation for:
- Medical expenses, including immediate health care costs following a truck accident and the long-term cost of managing serious injuries. The defendant is liable for all medical expenses incurred for the plaintiff to reach maximum medical improvement from their injuries.
- Lost income. When a truck accident leaves you unable to work, the defendant is liable for the income you lose during your recovery. You can also claim compensation for lost future income if the defendant leaves you permanently disabled and unable to return to work.
- Property losses. Your insurance claim may cover some of your vehicle repair costs, but your personal injury action can claim any outstanding losses and other damages not covered by insurance.
- Pain and suffering. Illinois law allows the plaintiff in a personal injury case to seek fair compensation for the physical pain, emotional distress, and mental trauma they experienced because of a defendant’s negligence or misconduct.
Maximizing the final case award that you obtain from the defendant hinges on your ability to firmly prove the entire range of your claimable losses and establish the defendant’s fault with clear and convincing evidence. Your Carlinville, Illinois truck accident attorney will be an invaluable asset for whatever recovery efforts you attempt.
Brandenburg & Rees, LLP, knows the pressing legal questions you’re likely to have after a truck accident, and we know how daunting it can feel to face the complex recovery efforts you must undertake to recover your losses. Our team can provide ongoing responsive guidance as your case unfolds until you reach the best possible outcome. We have helped many past clients in Illinois navigate their accident cases with greater confidence, and we’re ready to do the same for you. Contact Brandenburg & Rees, LLP, today to set up a consultation with a Carlinville, Illinois truck accident attorney you can trust.