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Not technically, but an accomplished Illinois truck accident attorney can make the difference between receiving a small insurance settlement and receiving financial recovery that fully compensates you for your past and future damages.
Accident cases involving commercial vehicles or large trucks can be complex for a variety of reasons. In most cases, it’s because the truck driver usually shares liability with corporate entities, typically the company the driver works for or that owns the truck.
A skilled Illinois commercial truck accident lawyer can be instrumental to your injury claim in the following ways:
- Investigating the factual and legal underpinnings of your case
- Negotiating with the trucking operator’s insurance company
- Drafting a legal complaint and preparing for litigation and possibly trial
- Working with the opposing party during pretrial proceedings
- Coordinating the funds, resources, evidence, and witnesses necessary to prove your case at trial
- Presenting your case to a jury and rebutting the defendant’s arguments
Why Do Illinois Truck Accident Cases Usually Involve Different Defendants?
Under the legal doctrine of respondeat superior (“let the superior reply”), Illinois employers and principals are liable for the negligent wrongful acts, and even intentional misconduct, of their employees or agents if they occur within the scope of their employment or agency (Pyne v. Witmer, 129 Ill. 2d 351 (Ill. 1989)). However, if an employee is “on the job” but deviates from their job duties to such a degree that they are no longer following the employer’s orders but essentially acting on their own impulse, the employer is not considered liable for any wrongful acts they might commit during the “detour.”
Also, federal regulations require truck operators to keep records and logs of various things including routes, miles driven and vehicle service, but many truck drivers and owners do not follow these rules and try to make it difficult for anyone to get that information.
Because accidents involving commercial vehicles and defendants can entail all these different issues, an experienced accident attorney is essential in identifying the liable parties and holding them accountable, and also negotiating the best settlement or bringing the case to trial if needed.
How Do I Choose a Good Illinois Truck Accident Attorney?
As with any professional service, you need to find an accident attorney who is not only experienced and qualified to do the job, but also one with whom you feel comfortable. Accident cases are very personal, and you will need to work closely with your attorney to achieve the best results.
When choosing the best attorney and law firm for your Illinois truck accident case, it’s important to look at the following factors:
- Experience
- Ability
- Firm resources including staff
- Dedication
- Availability
- Communication
Some initial questions you should ask a truck accident attorney before hiring them include:
- How much experience do you have in litigating Illinois truck accident injury cases, and what is your success rate?
- What is your fee and how is it paid?
- How many cases like mine go to trial?
- Are you willing to meet with me elsewhere if I cannot come to your office?
What Will My Attorneys Do After They Take My Case?
The facts of every truck accident case are different and demand a fair amount of investigation in the beginning. A reputable Illinois truck accident law firm has the resources and personnel to conduct this work as well as the legal expertise to know what laws and court cases afford you the best chance for relief. These early tasks will be the bedrock upon which your future compensation will be based.
Next, your lawyers will draft and file your complaint outlining why you should be allowed to recover under the law. The defendant will file a formal response, and then each side will request information and materials from the other in the phase known as discovery. Then both sides will present their case in a trial using witnesses and evidence as well as respond to the other side’s evidence and arguments. Finally, the judge or jury will render a verdict.
Need Help After an Illinois Truck Accident?
If you retain Rosenfeld Injury Lawyers LLC as your truck accident injury law firm, we can get to work immediately to preserve your right to future recovery. We can make sure your lawsuit has the resources it needs to go against large and well-funded companies and insurers. Plus we won’t charge you anything if we are unsuccessful in winning compensation on your behalf. Why wait? Call the qualified accident attorneys at Rosenfeld Injury Lawyers today and get started on the road to financial relief.
