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Challenges of 18 Wheeler Accidents

A semi-truck accident is not like a regular car accident.

Aside from being a devastating experience, such incidents are more complex than you may realize.

There are various possible liable parties, for one.

The grievous injuries sustained may be more difficult to quantify, resulting in more complex personal injury cases.

Severe Injuries and Significant Damages

Accidents involving 18-wheelers often result in catastrophic injuries due to the sheer size and weight of these trucks.

Victims may suffer from traumatic brain injuries, spinal cord damage, broken bones, and other life-altering conditions.

The financial burden of medical expenses, rehabilitation, and lost wages can be overwhelming, making it crucial to seek compensation through legal means.

Specialized Legal Representation

The complexity of truck accident cases demands specialized legal representation.

Trucking regulations, accident reconstruction, and liability issues are just a few aspects that require a lawyer with specific expertise in this field.

An Edwardsville accident lawyer from the TorHoerman Law team is well-versed in these unique challenges, ensuring that you receive the best possible legal support.

It’s important to approach these situations with all the help you can get from experienced truck accident lawyers.

Specific ways experts like us can help with truck accident cases includes:

• Gathering evidence
• Negotiations with insurance companies
• Finding experts for accident reconstruction
• Understanding truck driving regulations
• Filing claims
• Representation in court

Gathering Evidence

One of the most critical aspects of a truck accident case is gathering evidence.

When you have the right evidence, you can build a strong case that increases your chances of a favorable outcome.

This process includes:

• Accident Scene Investigation: An immediate investigation of the accident scene is essential to collect evidence such as skid marks, vehicle debris, and road conditions.
• Black Box Data: Commercial trucks are equipped with black boxes that record crucial data like speed, brake usage, and driver hours. This information can be pivotal in determining fault.
• Witness Statements: Eyewitness accounts can provide valuable insights into how the accident occurred.
• Police Reports: Obtaining and analyzing police reports is crucial for building a strong case. They serve as objective documents detailing the facts of the incident.

Negotiations With Insurance Companies

In Illinois, truck drivers are required to carry at least $500,000 in insurance coverage.

Insurance companies often employ tactics to minimize payouts, making negotiations a daunting task for accident victims.

Without guidance, you could be made to agree to a payout that won’t be able to address future medical expenses, lost wages, and other damages.

Experienced lawyers from TorHoerman Law understand these tactics and are adept at negotiating with insurance companies to ensure fair compensation.

We fight for the victim’s rights, aiming to secure a settlement that can adequately cover all the damages and injuries sustained by the plaintiff.

Finding Experts for Accident Reconstruction

Accident reconstruction experts play a vital role in truck accident cases.

They analyze the evidence to recreate the accident, providing a detailed report that can be used in court.

These experts can determine factors such as vehicle speed, point of impact, and whether the truck driver was at fault.

We have access to a network of trusted accident reconstruction experts who can strengthen the victim’s case.

You can also count on us to find other professionals who can help with your case.

Experts can include:

• Medical Professionals: These experts can provide testimony on the extent and impact of injuries sustained in the accident, offering detailed medical evaluations and prognosis.
• Economists: Economic experts assess the financial losses incurred from the accident, including lost wages, future earning potential, and overall economic impact on the victim’s life.
• Vocational Rehabilitation Experts: These professionals evaluate how injuries affect the victim’s ability to work, providing recommendations for necessary rehabilitation and potential career adjustments.
• Commercial Vehicle Safety Experts: These experts examine whether the truck and its operations complied with safety regulations and standards, identifying any violations that may have contributed to the accident.
• Human Factor Analysts: Human factor investigators study the behavior of drivers and other road users involved in the accident, understanding how human error and actions may have played a role.

Understanding Truck Driving Regulations

Truck drivers and trucking companies must adhere to strict regulations set by the Federal Motor Carrier Safety Administration (FMCSA) at the national level and the Illinois Department of Transportation at the state level.

These regulations cover aspects such as:

• Hours of Service: Limiting the number of hours a driver can operate a truck to prevent fatigue-related accidents.
• Maintenance and Inspection: Ensuring trucks are regularly maintained and inspected for safety.
• Driver Qualifications: Mandating proper training and licensing for truck drivers.
• Legal Weight and Dimensions: Regulating the size of trailers and the trucks themselves.

You will want to work with a truck accident law firm with a team that understands these regulations and can identify any violations that may have contributed to the accident.

Filing Claims

Filing a claim for a truck accident involves extensive paperwork and adherence to specific legal procedures.

The best truck accident lawyer can easily handle this process, ensuring all necessary documents are filed correctly and within the required timeframes.

Doing so reduces the stress on the victim and increases the chances of a successful claim.

Professionals like us can manage the subsequent processes and documentation involved in court submissions.

We can ensure that your case stays on the right track.

Representation in Court

In around 95% of personal injury cases like car accident claims, you won’t need to appear in court.

A small number of truck accident cases will need to be settled by a judge or jury if either party fails to reach an agreement.

This escalation can also happen if it is too difficult to determine the at-fault party in the accident.

In such instances, having a knowledgeable lawyer is invaluable.

We will represent the victim’s interests, presenting a compelling case to the judge and jury to secure the compensation you deserve.

Liability Issues in Trucking Accidents

Liability in truck accidents can be complex, involving multiple parties.

Understanding who can be held accountable is crucial for ensuring that you receive the compensation you deserve.

Parties that could be held liable in a truck accident include:

• Truck Driver
• Trucking companies
• Cargo loaders
• Truck manufacturer
• Maintenance service providers

Truck Drivers

The truck driver may be the most obvious at-fault party in such incidents.

A few ways they may have neglected their duty of care include:

• Negligence: If the truck driver was speeding, driving under the influence, distracted, or otherwise negligent, they can be held directly liable for the accident.
• Violation of Regulations: Drivers must adhere to specific regulations, such as hours-of-service rules. Violations can lead to driver liability.
• Fatigue and Overwork: If a driver ignores rest breaks or falsifies logs to exceed permitted driving hours, resulting in fatigue, they can be held responsible.

Trucking Companies

There are cases when the operator or fleet owner fails to follow certain protocols and regulations, which results in an accident.

Cases include:

• Hiring Practices: If the company fails to properly vet and train its drivers, it can be held liable for negligent hiring practices.
• Maintenance: Truck companies are responsible for the regular maintenance and safety of their fleet. Negligence in maintenance can make the company liable for the truck accident.
• Enforcement of Regulations: Companies must enforce regulations, including those related to driver hours and vehicle safety. Failure to do so can result in liability.

Cargo Loaders

This party is responsible for ensuring that the trailer’s contents are secure and properly loaded.

Cargo loaders are held accountable for:

• Improper Loading: If the cargo was improperly loaded, leading to an imbalance or shift that caused the accident, the loading company can be held liable.
• Overloading: Exceeding the truck’s weight limit can compromise vehicle control and braking, making the loaders responsible if truck accidents occur due to overloading.
• Securing Cargo: Failure to properly secure cargo can result in items falling onto the road or shifting during transit, leading to car accidents for which the loaders are liable.

Truck Manufacturer

Issues with truck parts could lead to accidents, making the truck manufacturer liable for any unfortunate incidents.

Ways that the truck manufacturer can be an at-fault party include:

• Defective Parts: If the truck or any of its parts, such as brakes or tires, were defective and contributed to the accident, the manufacturer can be held liable.
• Design Flaws: Faulty designs that make the truck prone to accidents, such as poor stability, can result in manufacturer liability.
• Failure To Warn: If the maker fails to provide adequate warnings or instructions regarding the use and maintenance of the truck or its parts, they can be held responsible.

Maintenance Service Providers

Regular vehicle maintenance is critical to ensure smooth operations and address any safety issues.

There are cases when the practice itself could lead to truck accidents.

Cases include:

• Negligent Maintenance: If a third-party service provider performed substandard maintenance or repairs, leading to mechanical failure, they could be held liable in truck accident lawsuits.
• Inspection Failures: Regular inspections are crucial for truck safety. If a maintenance provider fails to properly inspect the vehicle, they might be responsible for resulting accidents.
• Record Keeping: Maintenance providers are required to keep accurate records of their work. Falsifying records or failing to document maintenance can lead to liability.

Types of Truck Accidents

Truck accidents can occur in various forms, each with unique causes and consequences.

Understanding the different types of truck accidents is crucial for determining liability and negotiating with the other party’s insurance company.

Types of truck accidents include:

• Rollovers
• Jackknife
• Brake Failures
• Rear-end collisions

Rollovers

Rollovers often result from sharp turns taken at high speeds, improper loading, or sudden maneuvers to avoid obstacles.

These accidents can lead to severe injuries or fatalities due to the truck’s size and weight.

They can also cause extensive damage to surrounding vehicles and property.

Rollovers are particularly dangerous because the force of the truck’s weight can crush smaller vehicles and lead to multi-vehicle collisions.

Jackknife

When a jackknife accident occurs, the trailer swings out and forms a 90-degree angle with the truck.

This scenario typically happens due to sudden braking, slippery roads, or improper braking techniques.

Jackknifing can block multiple lanes of traffic, creating hazardous conditions for other drivers.

These accidents can result in significant injuries and fatalities, especially if other vehicles collide with the truck or are unable to avoid the jackknifed trailer.

Brake Failures

Brake failures are another common cause of truck accidents.

Trucks rely on complex braking systems that require regular maintenance.

If the brakes fail due to a defect, lack of maintenance, or overuse, the truck can become uncontrollable, leading to severe collisions.

Brake failure accidents can occur suddenly, giving other drivers little time to react, and often result in high-speed impacts that cause substantial damage and serious injuries.

Rear-End Collisions

This scenario is particularly dangerous due to the size and weight disparity between trucks and smaller vehicles.

When a truck collides with a vehicle from behind, the force can crush the smaller vehicle, causing devastating injuries to the occupants.

These collisions often occur when a truck driver is distracted, following too closely, or unable to stop in time due to brake issues or road conditions.

Resulting Injuries From Truck Accidents

Injuries from truck accidents can be life-changing. Losing limbs or suffering paralysis can significantly affect your quality of life, diminishing your earning capacity and causing pain and anguish.

Common injuries that could happen in a truck accident includes:

• Traumatic Brain Injuries (TBI): Resulting from severe head impacts
• Spinal Cord Injuries: Leading to partial or complete paralysis
• Fractures and Broken Bones: Requiring extensive medical treatment and rehabilitation
• Internal Injuries: Damage to organs that may not be immediately apparent but require urgent medical attention

Understanding the Statute of Limitations in Illinois

In Illinois, there is a statute of limitations for filing truck accident claims.

Victims typically have two years from the date of the accident to file a personal injury lawsuit and five years for property damage.

Failing to act within this timeframe can result in losing the right to seek compensation.

It is crucial to consult with an Edwardsville truck accident lawyer promptly to ensure that you meet all legal deadlines and begin the process of securing the compensation you deserve.

TorHoerman Law: How Our Lawyers Can Help With Truck Accidents

The aftermath of an 18-wheeler accident can be overwhelming, but working with experienced Edwardsville truck accident lawyers, like our team at TorHoerman Law, can make a significant difference.

From gathering evidence and negotiating with insurance companies to navigating complex liability issues and representing clients in court, we provide invaluable support.

We’re your partner in securing the compensation you need to rebuild after such a harrowing event.

Contact us now and we can discuss your case.

You can also use our chatbot for an instant case evaluation.