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Truck Accident Lawsuit

If you were injured in a truck accident in Chicago, our law firm is here to help you take legal action through a truck accident lawsuit. Collisions involving commercial trucks often cause life-altering injuries, steep medical bills, and long-term financial strain. Our skilled attorneys represent truck accident victims throughout the area, holding both the driver and the trucking company accountable when negligence causes serious harm.

We understand how insurance companies work and fight to make sure our clients are treated fairly. Whether the crash was caused by driver fatigue, distracted driving, or mechanical failure, we know what it takes to recover compensation. If you or a loved one suffered injuries in a crash with a commercial vehicle, contact us today for a free consultation. We’re here to listen, investigate, and build a case that protects your rights.

What Is the Difference Between Car Accident and Commercial Vehicle Accident Lawsuits?

A truck accident lawsuit is not handled the same way as a typical car crash case. While both can lead to serious injuries and financial losses, truck accident cases are more complex due to the nature of commercial vehicles and the strict trucking laws that govern their operation. Commercial vehicles can weigh up to 80,000 pounds when fully loaded, which means even a relatively low-speed impact with a passenger vehicle can result in significant damage.

One of the key differences is the severity of injuries. Truck accident victims are more likely to suffer life-changing harm, such as traumatic brain injury, which may require multiple surgeries or may even lead to permanent disability. Many of these collisions also result in multiple injuries or fatalities, which is far less common in standard car accidents. The size and weight disparity between a tractor-trailer and a passenger car means occupants of smaller vehicles often bear the brunt of the crash.

Another important distinction involves multiple liable parties. In a personal injury lawsuit involving a truck, the case doesn’t always stop with the truck driver. Liability in truck accident cases may include the trucking company, a freight loader, a third-party maintenance contractor, or even a vehicle manufacturer. If a company failed to inspect the brakes or allowed an unqualified driver behind the wheel, they can be held legally responsible for the harm caused.

Truck accident lawsuits also require specialized evidence. Unlike a car crash, where witness statements and photos might be enough, commercial truck collisions often involve a more thorough investigation. We subpoena key records such as:

  • ELD data to check for driver fatigue
  • Maintenance logs to see if the truck was in a safe condition
  • Driver qualification files to verify training and driving history
  • Dispatch records and communications from the trucking company

Because of the complexity and high stakes involved, these lawsuits require legal representation from a truck accident lawyer with experience in handling commercial vehicle claims.

This evidence helps us uncover violations that may have directly contributed to the accident. In cases involving tire blowouts or mechanical failure, we work with engineers and forensic experts to document the source of the failure and how it may have caused the truck to lose control and swerve into oncoming traffic. This level of investigation is essential when filing a truck accident lawsuit and building a claim for full compensation.

What Damages Can Victims Recover in Illinois Truck Accident Cases?

Truck accident victims in Illinois may be entitled to recover a wide range of damages, depending on how the accident occurred and the extent of harm suffered. An experienced truck accident lawyer can help assess the full range of damages you may be entitled to, including losses you might not have considered. Every case is different, but with skilled attorneys on your side, you can pursue the maximum compensation available under Illinois law.

Because commercial trucks often cause severe injuries or widespread damage, the compensation in these cases can be substantial. Victims can pursue both economic and non-economic damages through a truck accident claim. In truck accident cases that result in fatality, surviving families may also be eligible for wrongful death compensation.

Common recoverable damages include:

Medical Expenses

Ongoing and future treatment costs are typically the most significant portion of any truck accident claim. These may include emergency room care, surgeries, hospital stays, rehabilitation, prescription medications, medical equipment, and long-term care. For those facing multiple surgeries or a traumatic brain injury, these costs can reach hundreds of thousands of dollars or more. Medical expenses often continue long after the initial hospital visit, especially when follow-up care, mental health therapy, or home modifications are needed. In cases involving severe internal injuries or permanent disability, lifetime care may be necessary.

Lost Income

Many truck accident victims are unable to return to work for weeks, months, or longer. Some may lose their job entirely due to long-term disabilities. A personal injury lawsuit can demand compensation for all lost wages, loss of future earning capacity, and the career setbacks tied to recovery time. If the accident involved permanent damage, victims may have to change careers or give up working altogether. Compensation for lost income can include missed promotions, freelance income, or business revenue for self-employed victims.

Pain and Suffering

Compensation can also be awarded for the physical pain and suffering endured during and after the accident. Severe injuries such as broken bones, spinal trauma, or disfigurement often involve prolonged recovery and lasting discomfort. Pain and suffering also include the limitations imposed by injuries that prevent victims from enjoying daily life or engaging in hobbies and family activities.

Emotional Distress

Truck accidents are traumatic events. In many cases, victims of truck accidents suffer flashbacks, panic attacks, and difficulty sleeping due to the emotional impact of the crash. This emotional toll is recognized as a valid form of damage under Illinois law. Victims may experience anxiety, depression, post-traumatic stress, and a diminished quality of life. Some truck accident victims require long-term counseling or psychiatric treatment to deal with the effects of emotional distress.

Property Damage

When commercial trucks collide with smaller passenger vehicles, the damage is often extensive, even in lower-speed accidents. If the accident involved significant damage to your vehicle or other personal property, the cost to repair or replace those items can be included in your claim. This may consist of vehicle replacement costs, towing fees, storage charges, rental vehicles, or replacement of damaged items inside the vehicle.

Wrongful Death

In fatal truck accident cases, surviving family members can seek damages for funeral costs, loss of companionship, lost income the deceased would have provided, and the emotional suffering tied to their loved one’s death. A wrongful death claim can also include medical expenses incurred before death, if the victim received emergency care or hospital treatment. These cases are emotionally and financially overwhelming, and legal guidance can help families pursue the compensation they need to move forward.

Punitive Damages

While not awarded in every case, punitive damages in truck accident cases are meant to punish especially reckless or intentional misconduct. These may apply when a trucking company ignored known safety violations, failed to maintain its fleet, or knowingly hired an unqualified driver. Punitive damages go beyond compensation; they serve as a warning to deter similar behavior in the future. These damages may also be pursued if the truck driver was intoxicated, falsified driving logs, or violated safety rules with disregard for human life.

How Our Skilled Attorneys Can Help You File a Lawsuit After a Truck Accident in Chicago

Filing a truck accident claim in Chicago involves far more than submitting paperwork. These cases demand immediate action, detailed investigation, and a deep understanding of both state and federal trucking laws. Our experienced truck accident attorneys in Chicago know how to build strong personal injury claims that hold negligent parties accountable and help victims recover damages for everything they’ve lost.

Here’s how our law firm supports truck accident victims from the start:

Thorough Investigation

We start by examining how the accident occurred, gathering evidence such as police reports, dashcam footage, black box data, driver logs, and inspection records. When necessary, we work with accident reconstruction specialists to understand how and why the truck crashed and who can be held legally responsible. In cases where the accident involved multiple vehicles, a detailed analysis of timing, speed, and road conditions is required. We also investigate whether any violations of trucking laws or regulations played a role.

Identifying Liable Parties

Truck accident claims often involve multiple parties. Our attorneys analyze whether the truck driver, the trucking company, a parts manufacturer, or even a loading crew contributed to the crash. If a company failed to follow safety protocols or pushed drivers beyond legal limits, they may share in the liability. Identifying all responsible parties is key to maximizing compensation, especially when insurance coverage is split between entities.

Calculating Damages

We work with medical experts, economists, and life care planners to accurately calculate current and future medical bills, lost income, emotional distress, and pain and suffering. This helps ensure your claim reflects the full extent of your losses. By building a strong evidence-based damages model, we can pursue a settlement that accounts for both immediate and long-term needs.

Negotiating with Insurance Companies

Insurance companies representing commercial trucks often move quickly to limit payouts. Our team deals directly with adjusters to protect your rights and prevent you from accepting a lowball offer. We review all available insurance coverage, including liability insurance carried by the driver and the trucking company. We also explore whether excess coverage or umbrella policies may be available to cover high-value personal injury claims.

Filing Your Personal Injury Lawsuit

We handle all aspects of the legal filing, including preparing court documents, meeting deadlines, and responding to motions. Our attorneys also keep you informed throughout the process, so you’re never left in the dark. If the case involves contributory negligence or complex liability issues, we handle all negotiations and pre-trial proceedings on your behalf.

Pursuing Fair Settlements or Trial Verdicts

While many cases settle out of court, we prepare every case as if it will go to trial. This approach often leads to better truck accident settlements, as insurance companies are more likely to negotiate seriously when they know your law firm is ready and willing to litigate. We are equipped to present strong cases before a jury if needed, especially in cases involving severe injuries, multiple parties, or disputed fault.

FAQs

How long do truck accident victims have to file a personal injury claim in Illinois?

Under 735 ILCS 5/13-202, victims of truck accidents have two years from the date the accident occurred to file a personal injury case. Failing to file within this period can result in losing your right to recover damages, so speaking with a truck accident lawyer as soon as possible is essential.

What is the average payout for a truck accident in Chicago?

Truck accident case values in Chicago can vary widely based on the facts of each case. The average truck accident settlement is approximately $2,620,278, with payouts ranging from $2,961 to $35,129,371. The median award sits at $603,265, offering a more typical expectation for many victims.

Several key factors can affect the value of a truck accident claim:

  • Severity of injuries: Claims involving severe injuries tend to result in higher compensation.
  • Clear liability: Strong evidence of negligence or regulatory violations increases claim strength.
  • Emotional and financial impact: Long-term trauma, lost wages, and ongoing medical bills can raise settlement amounts.
  • Case resolution: Settlements are common, but jury verdicts often lead to larger awards.

If you’re wondering what your case may be worth, discussing it with a truck accident lawyer can give you clearer insight. An experienced Chicago truck accident lawyer from our team can help determine the actual value of your claim based on all the relevant details.

How do you prove truck driver fatigue?

Driver fatigue is a leading cause of commercial vehicle crashes. Proving that a truck driver was overly tired often requires examining data that most passenger vehicle claims don’t involve. Our team uses:

  • Electronic logging device (ELD) data to review driving hours
  • Dispatch schedules and delivery records
  • Driver logs and time-stamped records
  • Witness accounts and post-crash behavior
  • Employment records showing pressure to meet unrealistic deadlines

Together, this evidence plays a key role in establishing truck accident negligence by showing that the driver exceeded legal limits or was not fit to drive safely at the time of the accident.

How does liability insurance impact truck accident cases?

Commercial vehicle insurance plays a significant role in truck accident cases. Large trucks must carry much higher liability insurance limits than regular passenger vehicles due to the risk they pose on the road. This type of insurance covers damages when a truck driver or trucking company is found at fault for a crash. It can include coverage for medical expenses, property damage, lost wages, and more.

However, insurance companies often try to limit payouts by disputing the extent of your injuries or shifting blame. Working with a truck accident lawyer helps ensure you receive the compensation you’re entitled to under the full extent of the available commercial vehicle insurance policy.

Book a Free Consultation

If you or a loved one has been injured in a truck accident, our law firm is ready to help. Whether your accident involved driver fatigue, distracted driving, tire blowouts, or unsafe loading practices, our skilled legal team is prepared to fight for the compensation you deserve. We understand what’s at stake after a collision with a large truck and are committed to helping you move forward with confidence. We offer a free consultation to discuss your situation, answer your questions, and explain what to expect in a truck accident lawsuit. There’s no pressure and no upfront cost, just honest guidance from attorneys who know how to handle serious injury claims involving commercial trucks. Contact us today to speak with an experienced traffic accident attorney.

Client Reviews

After working with lawyers for several different issues, I was very pleased with the way that my car accident injury case was handled by the attorneys at Rosenfeld Injury Law. The team was professional and responded to my calls quickly whenver I would leave a message. When the case got settled, I...

Sheila M.

Even if you think you can handle a car crash case on your own, I would strongly suggest that you speak to an attorney at Rosenfeld Injury Lawyers. There are many subtle things that can impact the amount of money that you clear from the case. These people know it all and can steer you towards...

Maria S.

My teenage son was hit by a company truck in an intersection. At first, the insurance for the truck company tried to blame my son for the crash. The Rosenfeld team was able to secure video footage from a store nearby that showed otherwise. They literally made the case for us. Thank you.

Jermain S.

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