Fatal Truck Accident Lawyer for Wrongful Death Lawsuits
Fatal Truck Accidents Around Chicago, Illinois
So many trucks go through Illinois that a truck accident, truck accidents, personal injury or wrongful death that follows a loved one might be seen as commonplace. The pain and suffering that comes from the trucking accident is important to discuss though.
The trucking company (and insurance companies) that harmed your family member or caused their death should be held responsible for compensation as soon as possible for the non economic harm, loss of companionship, wrongful death, and injuries they caused.
Normally, a large truck accident and subsequent truck accident cases for wrongful death come about when a trucking company hires truckers to drive a semi truck or other large commercial trucks but do not train them well enough or do not prevent driver fatigue.
The truck accident lawyers of our law office, Rosenfeld Injury Lawyers LLC, are experienced in handling wrongful death commercial vehicle collisions in both state and federal courts.
A truck accident lawyer from our law firm may be able to bring a personal injury or truck accident wrongful death for you to obtain financial compensation.
Give us a phone call toll free or contact us for a free consultation about your rights. The insurance companies and trucking companies don't have all the answers.
How Most Fatal Truck Accident Cases Happen
Tragic truck accidents and injuries may arise in any number of manners. Evidence tends to suggest how truckers typically cause truck accidents and a subsequent wrongful death claim but your commercial truck legal claim can be unique too.
An attorney can help investigate the facts, evidence, injuries, trucks, and other circumstances but keep these in mind.
Intoxication. Alcohol and drug use plays a big part in a lot of truck accidents especially in Illinois and Maryland cases. It causes a driver to lose control of trucks (or their cabin suite) and wreak havoc even death.
Fatigue. Truckers are pushed to drive long distances on little rest and this may be responsible for a serious truck accident and then a wrongful death claim. Collecting evidence to prove this will be the job of an attorney or lawyer for a future legal claim.
Speeding. Commercial trucks are huge and can cause a tremendously devastating accident when speeding. Evidence shows that in many states like Texas and Maryland, speeding trucks lead to many deadly accidents and you may be in a similar accident because of that.
Equipment. A truck accident may arise if truckers' brakes fail or they experience any other kind of equipment failure.
Talk to a truck accident attorney today about your accident. We can establish an attorney client relationship for a case and see what damages and compensation may be possible through a claim.
You can talk to an attorney or lawyer in our network through a free phone consultation or video chat today. We have worked in many states including Illinois, Maryland, Florida, and California among others.
Applying Illinois Law to Fatal Truck Accidents
To understand who can bring a claim or case after a deadly truck accident, you need to look to the underlying laws of the state where the event occurred. Thankfully, there is a lot of overlap. Let's review the critical components of an accident cause of action now.
First, Was the Trucker Acting Unreasonably?
This is often called negligent conduct and you can spot when he or she is doing they should not be doing for the circumstances. For example, were they speeding? Were they texting while driving? Were they driving drunk? All these and more may point to unreasonable behavior and a lawyer can help you review the evidence to determine if it exists.
Second, Did the Accident Cause a Death?
This might seem obvious but in a wrongful death case from truck accidents, you must plead and prove that one person or multiple died as a result of the truck accident and the negligent conduct specifically.
Third, Did the Person's Death Cause Your Damages?
The law will presume that close relatives and spouses suffered economic or non-economic damage as a result of another's death following a truck crash but you must still make that legal point to have a successful case.
If you can make these points with a lawyer in your case, you may be successful in recovering financial compensation
Damages in Fatal Truck Accident Cases
What can I recover in truck accident cases for wrongful death?
If you are wondering this, then you are not alone. Many people want to know what they can recover if they start a case because it can take awhile and they want to know if it is worth it.
Here are some common areas of recovery for you to consider.
First, your bills. If you bring a case like this, you can seek reimbursement for your losses including hospital bills, funeral expenses, and other tangible out-of-pocket costs.
Second, lost income. The death of your loved one probably caused a short-term and long-term loss of income and you can seek repayment of that project support due to the tragic accident.
Third, you loved one's pain. If your spouse or relative experienced pain before passing away, then you can seek compensation for that in court.
Fourth, your suffering. The tragic and sudden loss of your loved one probably caused you immense suffering and courts recognize this as a specific cause of action as well.
Fifth, funeral and burial expenses. Illinois recognizes funeral and burial expenses as elements of damages in a wrongful death lawsuit.
A case for these accidents and harms can be incredibly complex. Our lawyers have extensive experiences bringing these lawsuits in many different states including Maryland, Illinois, Arizona, and others.
Important Deadly Truck Accident Facts You Should Know
According to data from the Illinois Department of Transportation (IDOT) and the Insurance Institute for Highway Safety, the following trends safety facts can be significant.
- There are hundreds of thousands of Illinois motor vehicle collisions annually.
- About twenty percent of these accidents have injuries.
- Only one percent of auto accidents cause fatalities.
- Trucks played a part in over a quarter of all these deadly crashes.
- Most crashes occur during the day but most fatal incidents happen at night.
Deadly Truck Accident FAQs
Below are some frequently asked questions raised by families coping with the loss of a loved one in a trucking crash.
We appreciate that these questions may give rise to additional questions. Consequently, we invite you to contact our law firm for a free consultation with a top-rated truck accident lawyer.
What is the Death Rate of Truck Drivers?
Trucking is one of the most dangerous forms of transportation. The Bureau of Labor reports that there are around thirty truck accident fatalities for every one hundred thousand truck drivers.
It might surprise you to learn that almost one thousand people died in truck accidents in 2019. This number represents only about 2.5 percent of all fatal accident cases but it shows you just how deadly trucking can be.
Should I Hire a Lawyer to Pursue a Fatal Trucking Accident Case?
While there is no legal requirement that you hire a lawyer to pursue a wrongful death case, many families appreciate having representation when it comes to dealing with commercial carriers.
Aside from the legalities of attempting to prove liability and causation, families may wish to have a lawyer who is experienced with commercial vehicles, such as trucks.
Not only can your attorney assist you with navigating the legal system, but they can also ensure that you receive a full and fair settlement for your case.
Which Trucking Companies Have the Most Accidents?
According to industry studies, Werner Enterprises, Swift transportation, and U.S. Xpress had the most collisions over a two-year period. There were many other large trucking firms behind them though that caused significant injury.
For more information on safety records of commercial carriers, look here.
How Long do I Have To File a Fatal Trucking Accident Lawsuit?
All personal injury and wrongful death lawsuits are governed by a statute of limitations for filing a lawsuit. Your failure to file a lawsuit within the time will forever bar your recovery. In Illinois, you have two years to file a wrongful death case (see 735 ILCS 5/13-202).
Given the gravity of these cases, you should consult with an attorney to determine how the law applies to your situation.
Sample Illinois Truck Accident Cases
Below are some sample trucking collision cases from across Illinois to give you a sense of how these matters are evaluated. We caution you from drawing too many inferences from these cases.
The only way to fairly evaluate the value of a case is for you to consult with an experienced truck accident attorney.
$1,500,000 Settlement; Illinois Deadly Truck Crash; 2019:
A woman in her seventies was driving down Interstate 80 when a large truck veered over the median and hit her head-on. She died almost instantly from the collision.
The truck driver alleged that he could not control his big rig because he was choking on some food. Whatever the case, he did not deny culpability. That obviates the need for trial. The only issue worth discussing was the amount of damages.
That conversation was meant for the plaintiffs and the truck driver’s employer. Eventually, the two sides decided that $1.5 million was the correct sum to compensate them for the terrible tragedy and horrendous pain this caused them. It was paid directly by the truck company and not the insurance company.
$880,000 Settlement; Highway Motorcycle-Truck Accident Fatality Lawsuit; 2018:
A man in his middle forties was riding his bike near the highway in southern Illinois. A tractor-trailer large truck was driving nearby too. The trucker exited the highway and was leaving through the exit but blew the stop sign.
The motorcyclist drove right into the side of his truck. He died at that intersection. The man was just forty-four at the time of his death. He had two kids who survived him. Representatives for those kids brought this personal injury lawsuit against the large truck company that employed the driver.
It claimed via court documents that the man was overworked and negligent in the operation of his big rig. Also, the business was negligent by extension for failing to properly train and supervise him.
The plaintiffs sought financial compensation from each of them but only the insurance carrier of the employer paid out. The plaintiffs received $880,000.
$4,625,000 Settlement; Bike-Truck Crash Death; 2019:
In this legal controversy, a young woman in her mid twenties was on a Divvy bike riding a street in Chicago. A truck driver made a right turn in front of her and the two collided. The size and speed of the large vehicle was too much for her.
She died right there not far from where the crash happened. At the time of her death, she had one sibling and two parents that were still alive. They grieved her wrongful passing. Then, they brought this case.
It turned out that the truck driver was working when he ran her over so the truck company was brought in as a defendant as well. That made the prospects of financial compensation better because the driver did not have deep pockets.
Also, the truck company defendant had a relevant insurance policy. That is actually who ended up paying on the settlement which was reached after a Cook County verdict. The plaintiffs obtained $4,625,000.
$2,000,000 Settlement; Fatal Truck Accident Collision Lawsuit in Chicago; 2020:
Here, a man in his sixties pulled over onto the shoulder of I-80 because he could not see. It was too foggy and his vision was so poor that he just decided to get off the road.
At that same time, a truck driver hauling a big rig tractor-trailer drifted over the white line and rear-ended him. Apparently, the trucker did not try to avoid the wrongful death truck accident but he also said he did not see him due to the fog.
The dead man's truck accident lawyer brought this wrongful death case for damages on behalf of his surviving family members including five children.
The truck accident and subsequent wrongful death left them with a lot of grief, medical bills, injuries, and damages that their family lawyers had to account for through the lawsuit. In the end, the trucker's insurance company offered them $2 million to settle and they agreed.
Talk to a Truck Accident Lawyer About Accident Cases Against A Trucking Company
If you lose a loved one in a wrongful death truck accident, the truck accident attorneys of Rosenfeld Injury Lawyers LLC (rights reserved) can help.
Our experienced lawyers have worked in many cases involving a commercial truck, tractor trailers, and other accidents with commercial vehicles.
Tell us what happened over the phone and hear about how our lawyers can bring a legal case, claim, or even multiple cases for compensation in a live chat free consultation. This can help lessen the blow of your economic and non economic losses and injuries.
Our truck accident lawyers can bring a wrongful death claim against a trucking company in an attorney client relationship on contingency.
This means you will not pay one dollar unless and until we get you the award or settlement that works for you in a case or claim. Get the help you need and the compensation you deserve.