Trucking Accident FAQs

Illinois Semi-Truck Accident Lawyers Answer Frequently Asked Questions About Truck Crashes

Truck accidents can result in devastating injuries due to the massive size and weight of commercial trucks. If you or a loved one has been injured in a truck accident in Illinois, understanding the legal process is essential to securing the compensation you deserve. At John J. Malm & Associates, our Illinois truck accident attorneys have extensive experience representing victims of semi-truck accidents across Illinois.

This FAQ will address common questions about Illinois truck accident claims and provide guidance on how to protect your rights.

1. What Should I Do Immediately After a Truck Accident?

After a truck accident, the steps you take are crucial for your health and legal rights:

• Call the police: A police report will provide crucial documentation for your claim.
• Gather evidence: Take photos of the accident scene, vehicle damage, and your injuries. Obtain witness contact information.
• Avoid discussing fault: Do not admit fault at the scene.
• Seek medical attention: Even if you don’t feel injured, it’s important to get checked by a medical professional.
• Contact an attorney: A semi-truck accident lawyer can guide you through the legal process and protect your rights from the start.

“In the critical moments following a truck accident, gathering evidence and seeking medical attention are key steps. At John J. Malm & Associates, we stand ready to provide strong legal representation, ensuring our clients receive full compensation for their injuries and losses.” — John J. Malm, Illinois trucking accident lawyer.

2. Who Can Be Held Liable in a Truck Accident?

Liability in truck accidents may involve multiple parties:

• Truck driver: The driver may be liable if negligent behavior, such as speeding or driving under the influence, caused the accident.
• Trucking company: The company may be responsible if it failed to maintain the truck, hired unqualified drivers, or violated safety regulations.
• Truck manufacturers: If a mechanical defect caused the accident, the truck manufacturer may be held liable.
• Third-party contractors: Improper loading or cargo-related issues may make third-party contractors liable.

3. What Types of Injuries Are Common in Truck Accidents?

Truck accidents often result in severe injuries due to the size and force of the vehicles involved. Common injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Broken bones
• Internal injuries
• Whiplash and neck injuries
• Burns

4. How Is Fault Determined in a Truck Accident Case?

Fault in truck accidents is determined through a detailed investigation, which may include:

• Police reports: Documenting the facts of the accident and determining initial fault.
• Truck driver logs: Federal regulations require drivers to maintain logs, which help determine if they were compliant with hours-of-service rules.
• Maintenance records: Failure to properly maintain the truck may indicate the trucking company’s liability.
• Black box data: Commercial trucks often have electronic logging devices (ELDs) that record speed, braking, and other key information.

5. What Compensation Can I Recover from a Truck Accident Claim?

Victims of truck accidents may be entitled to compensation for:

• Medical expenses: Current and future medical costs, including surgeries, rehabilitation, and medications.
• Lost wages: Compensation for income lost due to injury, as well as diminished earning capacity if long-term disability is involved.
• Pain and suffering: Compensation for physical pain and emotional distress.
• Punitive damages: In cases of egregious misconduct, punitive damages may be awarded to punish the responsible party.

6. How Long Do I Have to File a Truck Accident Injury Claim in Illinois?

The statute of limitations for filing a personal injury claim in Illinois is generally two years from the date of the accident. Acting quickly is essential to preserve evidence and protect your legal rights.

7. What Makes Truck Accident Claims Different from Regular Car Accident Claims?

Truck accident claims are more complex due to:

• Federal regulations: Trucks are subject to Federal Motor Carrier Safety Administration (FMCSA) regulations, which govern driver hours, vehicle maintenance, and more.
• Multiple parties: Liability may involve the driver, trucking company, contractors, or manufacturers.
• Higher damages: Truck accidents often result in more serious injuries, leading to higher compensation amounts.
• Insurance: Commercial trucking companies carry larger insurance policies, but navigating these claims can be challenging without legal representation.

8. Do I Need an Attorney for My Truck Accident Claim?

Yes, truck accident claims involve complex regulations and multiple parties. An experienced truck accident attorney will:

• Investigate the accident thoroughly
• Gather and preserve evidence
• Handle negotiations with insurance companies
• Represent you in court if necessary

“Truck accident cases are complex and often involve multiple parties. As an Illinois truck accident lawyer, I understand how to build a strong case and take on large trucking companies and insurers. Our goal at John J. Malm & Associates is to ensure our clients receive the compensation they need to rebuild their lives after a serious truck accident.” — John J. Malm, Illinois truck accident lawyer.

9. What If the Truck Driver Was Not at Fault?

If the truck driver was not directly at fault, other parties may still be held liable, such as:

• The trucking company, if it failed to maintain the vehicle or enforced unsafe work conditions.
• The manufacturer, if the accident was caused by a defect in the truck.
• Other motorists whose reckless driving contributed to the accident.

10. Can I Recover Compensation if I Was Partially at Fault?

Illinois follows a comparative negligence rule, meaning you can still recover compensation even if you were partially at fault, as long as you were less than 50% responsible. However, your compensation will be reduced by your percentage of fault.

11. What Role Does Insurance Play in a Truck Accident Claim?

Commercial trucks are typically covered by large insurance policies, which means higher potential compensation but also more aggressive insurance companies. Your Illinois trucking accident attorney will:

• Handle negotiations with insurers
• Ensure you receive a fair settlement
• Prepare your case for court if necessary

12. How Can John J. Malm & Associates Help With My Truck Accident Claim?

At John J. Malm & Associates, our Naperville semi-truck accident attorneys have decades of experience handling truck accident cases. We will thoroughly investigate your case, gather the necessary evidence, and hold all responsible parties accountable. Our goal is to secure the maximum compensation available for your injuries and losses.

We proudly serve clients throughout Illinois, with offices in Naperville and St. Charles. Contact our top-rated DuPage County semi-truck lawyers today for a free consultation to discuss your case.