Blindsided: Truck &
Commercial Vehicle Accidents in Illinois
There
are thousands upon thousands of miles of highway in Illinois, and countless
vehicles on them every day. Simple statistics dictate that there will be Truck and Auto Accidents on these roads, and a majority of are due to simple negligence.
Injuries
are common in the aftermath of an Auto Accident, and the damage can be
especially severe when one or both of the vehicles involved is a truck. If you
have been hurt in an accident with a truck or commercial motor vehicle (CMV),
it is important to understand the law and know your rights. Residents in Park
Ridge, Evanston, Arlington Heights, and many nearby suburban communities are
often caught in these accidents.
Truck
Accident Causes
There
are many causes of Semi-Truck and CMV Accidents, and many of them involve
negligence. Illinois does not keep individualized statistics on causes of truck
accidents, but it does keep records on the causes of all crashes. Most
accidents are caused by operating a motor vehicle in a careless manner, such as
driving while distracted. Other common causes include following too closely,
improper turns, and running off the roadway.
Speeding
is also a problem. Illinois recently increased its speed limit to 70 mph on
most freeways. Trucks can travel at that speed in downstate Illinois, but they
must continue to travel at 55 mph in Cook, DuPage, Kane, Lake, McHenry, and
Will Counties.
Who
is Liable?
 |
| Who is Liable? |
If you
are in a truck or CMV accident, and are deemed to not be at fault in any way,
liability will usually fall on the truck driver, the trucking company, and
sometimes other third parties who may have contributed.
A
driver is most often the liable party, though ultimately the trucking company
may cover the cost. Some of the ways a driver can be negligent include:
- Aggressive driving (not using signals, tailgating, or speeding);
- Failure to inspect the driver’s truck;
- Being distracted, such as by a smartphone;
- Improperly calibrating or securing the load;
- Driving despite adverse weather conditions; and
- Driving while intoxicated or under the influence of drugs.
 |
| Federal Motor Carrier Safety Administration |
Sometimes
the trucking company will itself be at fault. If, for example, a truck is not
properly maintained, or if an unrealistic deadline is given for a load to
arrive, a driver is placed at risk. Many companies stretch the rules on things
like the amount of hours that drivers can work per day; the Federal Motor Carrier Safety
Administration (FMCSA) does regulate breaks and working hours, but sometimes companies
push ahead in order to make a higher profit. If a truck driver is not properly
rested, the chance of his causing an accident is vastly increased.
Sometimes,
even a third party may be found to be liable. If the trucking company hires an
outside mechanic or computer technician, for example, and the parts they repair
later malfunction, or if that outside person performs their job negligently,
that company may be found to have been the actual or proximate cause of a
crash.
If you have been the victim of a trucking accident, we can help. Contact Allegretti & Associates today for the legal advocacy you need to ensure accountability and to help in your recovery.
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