Belleville Truck Accident Attorney
Semi-trucks fill major roadways each day as they make their deliveries. The sheer size of these commercial vehicles makes them more dangerous when involved in accidents. The damage these vehicles can cause in a motor vehicle accident may be catastrophic. Even at low speeds, a trucking accident can have a devastating impact on your life.
Trucking companies understand this risk, and that’s why truckers carry large insurance policies. However, insurers can be stingy when it comes to paying out a personal injury claim. That’s why personal injury attorneys can be useful in negotiations with the insurance company.
Belleville truck accident specialists suggest working with the personal injury attorneys at Hipskind & McAninch, LLC if you or someone you love was involved in a truck accident. Our attorneys can help you hold negligent drivers and trucking companies liable.
Belleville Truck Accident Causes
Commercial truck accidents are typically more dangerous than the average car accident because of the size and weight of the larger vehicles. The negligent operation of commercial trucks can cause severe injury.
Commercial trucks carry heavy items such as machinery and equipment, adding to their weight. They also have large blind spots. Trucks can be more challenging to maneuver, increasing the likelihood of a car accident when driven improperly. Injury victims may suffer catastrophic injuries when involved in a Belleville accident with large trucks. The most common reasons for truck crashes include the following, so talk about your options for truck accident claims with your lawyer if you have been hurt in any of these situations.
Dangerous Roadways
The roadways between metropolitan St. Louis and Southwest Illinois can be treacherous. These are some of the busiest highways in the country—filled with smaller vehicles and oversized trucks. Since these highways run along major metropolitan and urban communities, passenger vehicles can likely be involved in large truck accidents when drivers behave negligently.
Sometimes, roads are not properly maintained or are notoriously difficult for larger trucks to navigate. If you or someone you love has suffered an injury or wrongful death from trucking accidents or collisions with other commercial vehicles, Hipskind & McAninch, LLC trucking lawyers can help.
Mechanical Failure
Trucking companies are legally responsible for maintaining their vehicles. If truck accident victims are injured or killed on the road because of a truck’s mechanical failure, then personal injury lawyers can determine who’s responsible. Fair compensation for your medical expenses will depend on your ability to identify the liable parties and provide evidence of their negligence.
Improperly Loaded Cargo
If a trucking company or driver mismanages the cargo they’re carrying, leading to accidents with others on the road, they can be held liable. The trucking company or driver is responsible for moving cargo safely and properly securing their cargo.
Improperly loaded cargo can lead to underride accidents and catastrophic injuries. For example, if a dump truck is overloaded with waste, that can lead to the truck overturning and potentially striking or crushing a passenger vehicle. Belleville truck accident lawyers can offer assistance with your truck accident claim if you’ve been involved in an accident due to improperly loaded cargo.
Fatigued Truck Drivers
Trucking accidents can occur when drivers work long hours. The Federal Highway Traffic Safety Administration provides a strict time limit to regulate how long drivers can go without a break. The effects of fatigue can be as serious as driving under the influence of drugs or alcohol. Belleville truck accident lawyers can help you recover compensation if you were harmed because of truck driver fatigue.
Speeding
Ignoring the speed limit can increase the risk of accidents for passenger vehicles and commercial vehicles alike. If truck drivers speed and their vehicle lose control, this may lead to rear-end collisions, rollover crashes, and serious injuries. Large vehicles moving at high speeds are a recipe for disaster.
Speeding and truck accident cases are dangerous for passenger cars because commercial trucks have a greater stopping distance. That means they may strike cars at much higher speeds and hit them with greater force. In these cases, a police report may indicate whether speeding was involved and if it is a factor in your lawsuit.
Illinois Trucking Regulations
Illinois regulations oversee truck operators. Many truck accidents happen because drivers and employers fail to follow Illinois rules. Driving times is one of the specific regulations that govern truck drivers. Fatigue causes most truck collisions.
The Federal Highway Administration outlines hours of service (HOS) regulations. Hours of service refer to the maximum amount of time commercial drivers are permitted to be on duty, including driving time. It also specifies the number and length of rest periods to help ensure that drivers stay awake and alert. In general, all carriers and drivers operating commercial motor vehicles must comply with HOS regulations found in 49 CFR 395.
Cargo-carrying drivers may drive eleven hours after ten consecutive hours off duty. Passenger-carrying drivers may drive ten hours after eight consecutive hours off duty. Drivers must take a thirty-minute break when they have driven for eight cumulative hours.
Commercial Truck Accident Liability
Illinois is a fault state. This means that the individual deemed legally liable for a commercial truck accident must take financial responsibility for the damages. During accident claims, it is imperative to identify the person or party who is responsible for your injuries.
When truck companies fail to accept blame for truck accidents or wrongful death claims, the injured party may have grounds for a lawsuit. Factors such as driver error, distracted driving, or defective truck parts can help you prove fault in an auto accident. Talk to your lawyer about the injury and how you can hold the truck company liable for it.
Attorneys can facilitate your claim filing. Since the driver may not be the only responsible party, it’s important to find all entities responsible for your injuries and file a claim against them. Sit down with us and discuss your claim today with a free consultation.
Belleville, IL, Truck Accident Damages
Illinois law allows for financial and personal damages in truck accidents. You can recover the following damages if you’re a victim of an Illinois truck accident. Your lawyer can help you determine the liable party and get you compensated.
Economic Damages
Economic damages are the basis for personal injury claims. Economic damages are measurable expenses resulting from the accident. These include your medical costs, lost wages, and lost future earnings. You may also be due compensation for future medical expenses as long as the medical bills are related to the injuries sustained in your accident.
Non-Economic Damages
Non-economic damages include the suffering, emotional, and psychological effects of your accident. If you’ve been injured in an accident involving tractor-trailers in Belleville, Illinois, then your personal injury attorney can help you garner the maximum compensation available for your pain and suffering.
The multiplier method assigns a numerical value along the scale of 1.5-5. This scale shows the severity of your non-economic damages and then multiplies that times your total economic damages for the total amount of damages suffered.
The per diem method assigns a daily rate that the victim is owed and then multiplies it by the number of days until they are fully recovered. Punitive damages punish the at-fault party and do not repay the victim for actions that are deemed particularly egregious.
Semi-trucks were involved in 123 fatal accidents in Illinois in 2020.
Source: https://dot.illinois.gov/
Illinois Statutes of Limitations
In Illinois, personal injury cases are limited under the statutes of limitation. In most cases, a civil lawsuit must be filed within two years. When the time has expired, the court will not grant you compensation. There are a few exceptions, however.
You may have different rules and statutes of limitations if the commercial truck driver committed a crime. If criminal charges are brought against the driver, a civil action may be delayed until the criminal trial ends. Because of this, an injury victim in a large commercial truck accident may wait before receiving the compensation they are due.
Investigating your claim is a time-consuming task. That’s why truck accident specialists suggest consulting legal counsel immediately for the best legal solutions possible. Your attorney can protect you in court if negotiations do not end in a favorable settlement.
Seeking Compensation After Truck Accidents
Insurance companies want to save as much money as possible. They often make lowball offers while making it difficult for claimants to access the full amount their policies provide for. That is because they are for-profit businesses more interested in protecting their profits than they are in protecting the well-being of injury victims.
Unfortunately, many truck accident victims face bad-faith tactics to reduce the compensation they should receive following their accident. Insurance companies may claim you were not as seriously injured as you claim. They may also ignore your calls, forcing you into a settlement agreement that does not benefit you. In some cases, they may even deny your claim entirely.
The Belleville truck lawyers of Hipskind and McAninch, LLC take the necessary time to negotiate for all the damages our clients are entitled to.
How Can a Belleville Truck Accident Lawyer Help Me?
Having a lawyer to handle all of the complicated legal issues that arise could change the outcome of your accident. An attorney can help identify the liable parties and fight for your rights.
After a vehicle accident, it is necessary to protect yourself and your family. That’s why Belleville attorneys are ready to investigate your claim, advocate on your behalf, and hold the at-fault party responsible when you suffer damages.
What to Do After a Belleville, IL, Truck Accident?
After a truck accident, you need to get examined for your injuries. It’s important to protect your and your passengers’ health once you are involved in an accident with a big rig. Failing to seek medical attention quickly can harm your chances of receiving compensation. Courts may reject your claim if you don’t seek medical attention after a collision. Even if you think you are safe and have not suffered severe injuries, it is best to let a medical professional examine you.
While at the accident scene, it is also best to gather as much evidence as possible if you’re able. For example, police officers may be at the scene and will later file a report. This report may contain evidence of the truck driver’s negligence and can be key in car accident claims. Acting now and ensuring you have evidence can save you time and stress later.
In many cases, you will also need to speak to the insurance company of the trucking company as soon as possible. However, you should be careful with what you say around them. The tracking industry has powerful lawyers and insurers who will work hard to protect their profits. Because of this, consider simply reporting your accident to your insurance company and speaking with a lawyer who can act as a buffer between you and the insurance company.
Why Choose Hipskind & McAninch, LLC
When selecting the right law firm for your truck accident lawsuit, you need to know your legal options. So what sets our law office apart?
First, our firm works hard to get the highest compensation for our clients. We have won more than $10 million for our clients, providing financial support to those suffering from severe truck accident injuries. We do not settle for less when our clients are hurt.
Our firm also provides personalized, case-specific answers to your most important questions. When you seek our firm, you receive one-on-one guidance from your attorney, not from an assistant or paralegal.
If you have any questions about our services, reach out to learn more. We offer free initial consultations so you know what to expect before you ever file.
Belleville Truck Accident FAQ
Following a serious truck accident, you may have plenty of questions about your claim and how you can recover from the suffering you have experienced. Unfortunately, you may not have ready answers available to you. Free advice on the internet can lead you astray, and in some cases, that false information can lead to a decrease in your compensation or even a claim denial.
So how do you protect your truck accident claim so you can recover from your suffering?
Seeking a truck accident lawyer in Belleville to give you the case-specific answers you are seeking should be the first step you take. If you have any questions about your claim, talk to a lawyer from our team. In the meantime, check out the general answers we offer to readers who may be waiting on their appointment or considering our firm.
What factors can make a truck accident more dangerous?
When you are involved in a truck accident in Belleville, certain factors can lead to worse injuries. For example, higher speeds mean a more severe impact. If the truck has a heavier load, this can also mean a more intense force on your vehicle during an accident.
One of the most serious hazards can also be the cargo. Commercial trucks carry hazardous material across the United States every day, and an accident can lead to devastating losses. For example, if the truck was carrying flammable materials, an accident may lead to fires or explosions, putting accident victims at risk of burn injuries. Talk to your lawyer about the severity of your crash.
What can I do if a loved one dies in a truck accident?
Losing a loved one in a Belleville truck accident can be a traumatic event. You may be suffering through immense grief as you try to overcome the pain. In these cases, you may have grounds for a wrongful death lawsuit if a truck driver was at fault for your loved one’s passing.
Keep in mind that these accidents have different rules than other personal injury claims. The person who can sue is limited by state law. Talk to your attorney to determine whether you are eligible to sue and what compensation you may be due.
What if I cannot afford an attorney?
When you are injured in a truck accident, a personal injury lawyer may be your main defense and your best option of getting compensated for your injuries. However, you may be worried about paying for an attorney you cannot afford out of pocket. Fortunately, personal injury attorneys do not work this way.
Your personal injury lawyer will be paid by a contingency fee. This fee is an agreed-on portion of your compensation, with maximums set by state laws. You will simply pay that percentage of your compensation rather than paying out of pocket. Most importantly, if your claim is unsuccessful, you will owe your attorney nothing. That way, the funds you need for your recovery will not be lost in paying attorney fees.
What if my child is injured in a Belleville truck crash?
When a child is injured in a truck accident, the consequences may be devastating. Children are still growing, and some serious injuries at this time can be difficult to recover from. These accidents can even lead to a permanent disability.
Luckily, you may have the opportunity to sue on your child’s behalf. Because your child is a minor, they cannot file on their own, but you can seek guardianship rights through a judge. You and your lawyer can act as their guardian ad litem to seek compensation now, or your child can wait until they are 18 before they file.
How long will it take to settle my truck accident lawsuit?
Truck accident lawsuits can take a long time to settle. In some cases, you may be able to settle quickly if the insurance company or at-fault party is willing to cooperate with your lawyer. Unfortunately, it is not always so simple. They may fight back, trying to prevent paying for your suffering.
Because of this, it is almost impossible to determine what the exact length of your claim will be. What we can guarantee is that our legal team will not settle for less just to close your claim quickly. We work hard to ensure our clients get the compensation they are due.
Contact Hipskind & McAninch, LLC for a Free Consultation
When you have been injured in a truck accident, you need a law firm that is ready to take on your claim and defend you in the courtroom. Your truck accident injury claim may be complex and can be hard to handle alone when you are dealing with severe injuries.
Fortunately, our lawyers at Hipskind & McAninch, LLC can help you make a full recovery and get compensated fairly for the suffering you experienced. Your Belleville truck accident attorney will guide you through this process and ensure you get compensated fairly for your suffering.
Ready to speak with an attorney? We offer free consultations, where you can speak with our attorneys about your legal options. To learn more, simply reach out to us. Call us or fill out the online contact form when you are ready to take action.