The #1 Salem Truck Accident Lawyer

Salem Truck Accident Lawyer

Salem (IL) is a centralized hub in the United States, where much of the nation’s cargo and freight moves through.

While commercial logistics and freight bring business and jobs to Salem – it also means that many of the city’s highways are often filled with semi-trucks.

As a result, there are has been a steady increase of trucking accidents taking place in and around the city throughout the years.

If you are involved in a trucking accident in Salem, or a neighboring suburb – contact TorHoerman Law today for a free, no-obligation case consultation.

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6 Questions to Ask When Hiring a Salem Truck Accident Lawyer

One of the most important steps in this process is finding an lawyer to act as your Salem truck accident attorney.

You should seek representation from an attorney with the experience, resources, and commitment required to win your case and get you the compensation you deserve.

The choice of an attorney is an important decision.

Be sure to ask your potential Salem truck accident attorney any questions you deem necessary before making a decision.

Here are six (6) questions to ask when considering a law firm or attorney:

• What is their experience?
• What are their truck accident resources?
• What is their firm’s history with filing claims against truck drivers or trucking companies?
• What is their fee structure?
• What is their payment structure?
• What is their commitment to your case?

Feel free to contact TorHoerman Law to speak with one of the highly-skilled Salem truck accident attorneys from our firm and get your questions answered.

Commercial Truck Accidents in Salem, Illinois (IL)

According to the Illinois Department of Transportation, there were over 20,500 accidents involving large trucks in the state of Illinois in 2021.

Further, in 2021, there were 154 people killed in accidents involving large trucks.

Madison County specifically experiences a number of semi-truck accidents, especially on the county’s many interstate highways.

On Interstate 255, particularly by IL-143, accidents are common and rise to a fever pitch during periods of construction.

A number of fatal accidents have also occurred along Interstate 270 and Interstate 55:

• A 20-year-old woman was killed on I-70 in September 2021 when her car collided with a tractor-trailer merging across lanes to enter a construction zone.
• Two semi-trucks were involved in a crash that killed a 34-year-old Missouri man on Interstate 270 in September 2021.

While Salem, IL truck accidents occur less often than other auto accidents, there are key differences setting the two (2) dangerously apart:

1. Higher Chance of Serious Injury or Death

Truck accidents are more likely to result in serious injury or death – likely due to the large size of the tractor-trailer vehicle which generally has a more destructive impact than smaller vehicles.

2. Potential for Multiple Liable Parties

The party held liable for the accident may not be just the driver – it could the owner of the truck, the trucking company the driver is employed with, the company that maintains the truck, or the company the loads the truck’s cargo.

In a Salem truck accident claim, it is likely there will be more than one liable party.

For these reasons, trucking accidents generally warrant legal action to ensure that truck accident victims are made whole for the losses that they incur from the accident.

If you are involved in an accident, it can greatly benefit you to contact a Salem truck accident lawyer to discuss your legal options and determine the best avenue to financial recovery.

Truck Accident Facts & Statistics

While statistics for Salem, IL truck accidents are limited, information is available at a nationwide level.

Here are five (5) shocking truck accident facts and statistics:

1. 80,000 LBS

A semi-truck can legally weigh up to 80,000 pounds without an oversize or overweight permit.

Comparatively, a car typically weighs about 5,000 pounds.

2. 40% More Time

A semi-truck needs 40% more time to stop than a car

3. Bobtailing Is More Dangerous

If a truck is driving without a trailer, this is referred to as ‘bobtailing’.

Surprisingly, driving without a trailer is more dangerous, especially in bad weather.

4. $91,000 vs. $3,600,000

The average cost of all large truck crashes is about $91,000 per crash. If the accident resulted in a fatality, the cost of the truck accident skyrockets to $3.6 million per crash.

5. Highway Deaths Are on the Rise

Highway deaths have fluctuated over the years, but according to the National Highway Traffic Safety Administration, deaths are even more common when a large truck is involved.

Deaths involving a large truck steadily increased since 2010, and over 4,100 people were killed in 2019 in crashes involving semi-trucks.

The NHTSA defines a large truck as any vehicle, commercial or non-commercial, with gross vehicle weight rating (GVWR) greater than 10,000 pounds.

Salem Commercial Trucking Rules & Safety Regulations for Truck Drivers

The Federal Motor Carrier Safety Administration (FMCSA) was founded in 2000 and “partners with industry safety advocates, and state and local governments, to keep our nation’s roadways safe.”

Specifically, the FMCSA has enacted strict laws regulating the trucking industry in hopes of reducing the number of accidents.

Federal regulations state that each driver:

• Adheres to strict driving hour limits
• Maintain a logbook of distance and hours driven
• Ensure the truck is properly maintained
• Follow speed limits
• Follow weight limits for trucks

Weight limits are to be strictly followed, but if carrying a tractor load that is overweight, special permits can be issued by the chief engineer for the Illinois Department of Transportation either for a single trip or a definite time period.

It is required by law that all semi-trucks undergo routine “systematic inspection, repair, and maintenance” – but how often is dependent on the fleet and type of vehicle.

If the company fails to properly maintain the truck, they could be held liable for any accidents that occur.

In Illinois specifically, drivers must first pass a skill and knowledge test before obtaining their commercial driver’s license (CDL).

While drivers must be 21 to cross state lines while transporting goods in a large truck, each state can pass its own state laws regulating the age of an individual driving only on state roads.

In Illinois, 18 is the legal age a person can drive a semi-truck.

Complying with OSHA Guidelines

Occupational Safety and Health Administration (OSHA), ran by the U.S. Department of Labor since 1970, sets strict regulations for many industries, including trucking.

OSHA works alongside other trucking regulators such as FMCSA and the U.S. Department of Transportation – it often depends on the incident and where it happened to decide which regulator will handle the investigation.

While companies are required to follow OSHA guidelines, violations can and do occur.

As a driver on the roadways, you have no way of knowing what kind of cargo is in the truck’s cargo hold.

If a trucking company or warehouse violated safety regulations, those actions can have implications on the roadways.

For example, if the cargo catches fire, the fire poses a great risk to other vehicles.

The legal team working on your truck accident claims will evaluate the police report and previous OSHA citations to decide on further action.

The 8 Most Common Causes of Truck Accidents in Salem (IL)

In a city like Salem, and any city for that matter, there can be an infinite amount of causes for truck accidents.

The 8 most common causes of truck accidents in Salem (IL) are:

1. Jackknifing

Likely inevitable when turning at a 45-degree angle, a truck will jackknife which basically means the “trailer contacts the tractor by the ailer ‘coming around’ on the driver”.

Although it’s more common on wet or icy roads – jackknifing can also occur if a tractor is empty and the driver is forced to brake hard.

2. Driver Fatigue

Truck drivers are required to adhere to a strict schedule, one that allows for proper resting time.

If a driver fails to do this, their driving ability may be severely lacking.

3. Aggressive Driving

Aggressive driving is one of the most common causes of truck accidents and collisions.

Aggressive driving is considered to be any driving behavior that can be reasonably viewed as dangerous or in blatant disregard of road and safety laws.

This behavior is typically due to being late, being angry or upset, or just being impatient – among many other possible reasons.

4. Defective Truck Equipment OR Mechanical Failure

Trucking regulations require companies to maintain proper care of the truck and follow maintenance schedules and inspections.

Large trucks require very sophisticated equipment, and if any of this equipment becomes damaged or malfunctions, the truck will not be able to operate safely.

Even something as simple as a broken headlight or taillight can cause someone to become involved in an accident.

Truck drivers are required by law to inspect their truck before they drive it.

If there is any type of mechanical defect, the driver must fix it before they are allowed to operate the vehicle.

In some truck accident cases, the company and driver may have done everything right, but equipment or parts could be defective – placing blame on the manufacturer of those parts.

These cases are rare, but can warrant a product liability lawsuit.

5. Trucking Company Negligence

Several things can equate to negligence on the part of the trucking company.

Allowing drivers to violate hours of service limits, failing to properly train drivers, or negligent hiring practices can all lead to trucking company negligence – among other factors.

6. Other Careless Drivers

Trucks are not equipped with the ability to stop suddenly or change lanes quickly if the need arises.

A careless driver can cause a truck driver to make defensive moves that could otherwise put other travelers on the road in danger.

They can cause this by zooming in and out of traffic, failing to pay attention and stopping quickly, or simply driving in the blind spot of a truck – to name a few.

7. Distracted Driving

Cell phone usage is strictly prohibited while driving a semi-truck.

TorHoerman Law has created the Let’s End Distracted Driving advocacy campaign to raise awareness of the dangers of driving while distracted.

8. Failure to Maintain a Proper Lookout

A large number of truck accidents in Salem occur as a result of drivers not paying attention to what is going on around them.

This is often referred to as “failure to maintain a proper lookout.”

Truck drivers are taught that they must constantly be aware of what is going on in their environment.

A truck driver who fails to maintain a proper lookout may not see something that causes them to swerve into another lane, or they may be unable to avoid colliding with another vehicle that cuts them off.

4 Steps to Take When Filing a Salem Trucking Accident Lawsuit

The affects of a commercial trucking accident can be devastating, both physically and financially.

However, a Salem truck accident lawyer can help you to recover from these damages by seeking compensation for the losses that you incurred.

Before filing a Salem truck accident claim or personal injury lawsuit – it is important that you take the initial steps to build a strong case in your favor.

Your Salem truck accident lawyer can help you to accomplish each of the following steps once you have hired a Salem truck accident attorney to represent you!

The four (4) steps to take when filing a truck accident lawsuit include:

1. Mitigating injuries
2. Gathering evidence
3. Determining liability
4. Assessing damages

1. Mitigating Damages

The first step is to mitigate the damages of your accident.

Mitigation is the process of limiting the losses, costs, and injuries that result from an accident.

The most important part of mitigation is seeking medical treatment as soon as possible after the accident, no matter how minor your injuries may seem.

You should follow your doctor’s orders and, if possible, get more than one medical opinion for any injuries diagnosed.

You should also have an assessment of property damage conducted as soon as possible after the accident.

Do not further damage your property after the accident and make sure that you get everything fixed before using it again.

In other words, do not drive your car after the accident until it has been worked on by a mechanic.

Finally, do not try to exaggerate your injuries or other losses.

Be honest and up-front about your damages.

2. Gathering Evidence

The gathering of evidence in the aftermath of a truck accident is imperative to a future claim.

This is one of the most important steps of the civil lawsuit process.

While most of the leg work will be done by your Salem truck accident lawyers, there are a few things that can be done immediately following the accident, if you are able to do so:

• Document when and how the accident occurred
• Take pictures of the accident, including any other objects hit such as parking barriers
• Record the names, licenses, and insurance information of anyone involved
• Obtain a copy of the police report, along with the names of responding law enforcement officers

After discussing your case with the Salem truck accident lawyers at TorHoerman Law – they will begin the process of documenting evidence which will potentially include a number of the following items:

• Data from the “black box” installed in every truck
• Logbooks required to be maintained
• Radio recordings
• Driver and accident reports
• Tire or skid marks in the roads
• Pictures from the scene of the accident
• The truck driver’s medical and driving histories
• Truck inspection reports

While the evidence is not limited to those listed, it provides a baseline for the kinds of things you can expect to be gathered and investigated.

Each case is different and varying factors are involved warranting different evidence.

3. Determining Liability

Trucking accidents can be confusing because there may be more than one liable party.

Depending on what caused the accident, the liable party may be in question.

The following are common parties, often more than one, that can be held liable in a trucking accident:

• The driver of the truck
• The company that employs the driver
• The company that loaded the truck
• Parts manufacturer

Pure Comparative Fault Rule

In Salem, the courts follow the pure comparative fault rule.

Essentially, a jury will decide how much of the accident was your fault and reduce the damages awarded by that percentage.

For example, a jury may decide you were 10% at fault because of your failure to reduce speed in wet conditions, but the driver of the semi-truck was 90% at fault for the accident.

If the jury awards you $50,000 in damages, you will only be eligible to receive $45,000 because 10% was deducted because of your 10% responsibility in the accident.

It is not uncommon for the insurance and trucking companies to use the Salem liability laws to their advantage by attempting to place at least some blame on another party – resulting in a lesser payment for those companies and less compensation for the victim.

For that reason, it is important to hire an experienced Salem personal injury lawyer who will fight for your case and fight to help you receive the compensation you deserve!

4. Assessing Damages for Your Truck Accident Case

Your damages are the total losses that you incurred as a result of your accident.

Your damages can include costs related to physical damages, emotional damages, property damages, and future costs.

Your Salem truck accident attorney will be able to help you determine what your total damages are valued at.

This will help you come up with a demand for compensation to cover the costs of your accident.

You can use evidence to help prove your economic and non-economic damages.

Receipts, bills, paychecks, property damage estimations, medical records, and other documents used as evidence are often-times used to prove the severity of your losses.

Depending of the specifics of your case, your attorney may choose to try to gain compensation in the form of both compensatory damages and punitive damages.

TorHoerman Law: The #1 Truck Accident Attorney Salem Has to Offer!

As {city} truck accident attorneys, our job is to keep you informed of the lawsuit process through every step – this starts from the minute you contact our firm to the conclusion of your case.

If you have any questions about a potential lawsuit, please contact our office!

At TorHoerman Law, our experienced team of attorneys can help address any concerns you may have regarding a Salem (IL) truck accident lawsuit.

Our Salem truck accident law firm operates on a contingency fee basis.

Thus, you do not make any payments until you have been awarded compensation.

No compensation? No legal fees.

That’s right – if we don’t win you financial compensation, we foot the entire bill for your case.

This is a guarantee of our commitment to your case.

Our team of experienced and award-winning Edwardsville truck accident lawyers have been awarded more than $4 billion in verdicts and negotiated settlements to date.

If you or someone you love has been in a serious truck accident – you need the best truck accident attorney Salem has to offer.

Contact our team today for a free, no-obligation consultation and find out why TorHoerman Law is the best Salem truck accident law firm!