Fatal Truck Accident Lawyer
The personal injury lawyers at 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.
Were you involved in a truck collision? Call our truck accident lawyers at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation about your rights. Do not accept that the insurance companies and trucking companies have all the answers in resolving truck accident claims.
It's important to know that it can cause more than just physical pain and injury when a truck accident occurs. There is also emotional distress due to loss of companionship, wrongful death, non-economic harm, and psychological suffering.
The trucking company (and insurance companies) responsible for this should be held accountable by paying compensation promptly to stop them from causing any further such anguish through negligence or carelessness from those who work with them on their trucks.
Large truck accidents are caused by negligent companies that don't train commercial truck drivers or prevent driver fatigue.
Large commercial trucks often inflict great harm on drivers and bystanders alike. A careless trucking company that does not provide adequate training to their employees or takes measures like preventing driver fatigue can create catastrophic results for individuals sharing the roadway.
Truck driver distractions, drunk driving, and fatigue result in thousands of preventable deaths every year.
How Most Fatal Truck Accident Cases Happen
Truck accidents can happen for several reasons. Truckers may be the cause, but so too could another negligent party who is not driving or working on that truck come into play as well.
Evidence suggests how truckers typically cause trucking accidents and a subsequent wrongful death claim, but your commercial truck/car accident claim can be unique.
Sharing the road with large commercial vehicles is dangerous, and truck accidents tend to have a higher fatality rate than other vehicles. A fatal truck accident lawyer can help investigate the facts, evidence, injuries, trucks, and other circumstances to prove a truck accident case.
- Alcohol and drug use could be the leading contributing factor in a tractor-trailer accident, especially in Illinois cases. Driving while impaired can cause a driver to lose control of trucks (or their cabin suite) and wreak havoc and death in tractor-trailer accidents.
- Truckers are pushed to drive long distances on little rest, which may be responsible for a serious truck accident or a wrongful death claim. Collecting evidence during a truck accident investigation to prove driving fatigue will be the job of an experienced truck accident lawyer for a future legal claim.
- 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 truck/car accidents, and you may be in a similar accident because of that.
- Truck crashes may arise if truckers' brakes fail or they experience any other kind of equipment failure.
Accident victims should discuss the collision involving a large commercial truck with an experienced truck crash lawyer. We can establish an attorney-client relationship for a case and see what damages and compensation may be possible through a claim.
All surviving family members who lost a loved one in a fatal truck crash can file a wrongful death claim for the deceased truck accident victim. A fatal truck accident attorney can ensure the decedent's qualifying family members receive sufficient compensation for the deadly crash.
Monetary recovery might include hospitalization costs, medical bills, pain & suffering, lost wages, future lost earnings, and other damages caused by the truck driver's negligence.
Speak with a truck accident lawyer by calling (888) 424-5757 or video chat today. We have represented truck accident victims in many states, including Illinois, Maryland, Florida, and California.
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 at the underlying laws of the state where the event occurred. Thankfully, there is a lot of overlap. So let's review the critical components of an accident's cause of action now.
First, Was the Truck Driver Acting Unreasonably?
A truck accident case may be built on negligent conduct on what the driver was doing when the accident occurred, based on circumstances including adverse weather conditions, time of day, or traffic hazards. For example, was the accident the result of truck driver fatigue, driver error, speeding, truck driver impairment (drunk driving), or other factors that led to catastrophic injuries?
Are third parties responsible for the tractor-trailer accident, including the trucker's employer (trucking company), truck manufacturer, maintenance crews, tire suppliers, or others in a passenger vehicle?
All these and more may point to unreasonable behavior, and a lawyer can help you review the evidence to determine if it exists. Fatal Accidents involving commercial vehicles like flatbeds and semi-trucks are more complicated to negotiate a settlement than crashes not involving semi-trucks.
Second, Did the Accident Cause a Death?
Did a fatal crash lead to wrongful death in the truck/car accident? Is there evidence at the accident scene that proves the validity of wrongful death claims based on the trucker's negligence?
To resolve the case in a negotiated truck accident settlement or jury verdict, accident victims or surviving family members must prove that one or multiple people died due to the truck wreck involving the defendant's negligent conduct.
Third, Did the Person's Death Cause Your Damages?
Based on personal injury law (tort law), close relatives and spouses must have suffered economic or non-economic damage due to another's death following a truck crash. The plaintiffs (injured parties) must provide legal proof that the decedent's serious injuries leading to their death were caused by one or all defendants named in the personal injury case.
If you can make these points with a lawyer in your claim, you are likely entitled to pursue compensation to resolve your semi-truck accident case.
Damages in Fatal Truck Accident Cases
What can I recover in truck accident cases for wrongful death? First, all victims involved in motor vehicle accidents have a legal right under tort law to seek compensation from all defendants, or their insurance companies, to pay for damages caused in fatal truck accidents.
Do I Need to Hire a Law Firm to Represent Me in Court or Speak to the Insurance Company to Settle My Case?
Civil tort law can be complicated, especially in cases involving serious injuries or wrongful death. Therefore, the law firms specializing in fatal cases involving semi-trucks usually offer a free case evaluation to determine the claim's merits.
A fatal truck accident attorney will calculate the value of a wrongful death lawsuit or personal injury case based on available evidence, medical records, police reports, and eyewitness accounts to pursue compensation for their client.
Here are some common areas of recovery for you to consider.
First, Consider Your Medical Bills
Even minor semi-truck accidents can create catastrophic injuries resulting in extensive medical bills. Therefore, resolving truck accident cases usually includes reimbursement for all documented medical expenses, including hospital bills, funeral & burial costs, and other tangible out-of-pocket costs.
Many victims suffer devastating injuries, including spinal cord damage, traumatic brain injuries, deep lacerations, amputations (dismemberment), internal organ damage, and other life-threatening medical conditions.
Second, Consider Your Lost Income
The death of a loved one probably caused a short-term and long-term loss of income. Typically, truck accident lawyers seek repayment through a wrongful death lawsuit to ensure that the family receives continuing support loss in a tragic trucking accident.
Because qualifying family members can file a wrongful death claim against all responsible parties and their insurance companies, every plaintiff may win a separate jury award or negotiate a separate fatal truck crash settlement.Third, Consider Your Non-Economic Losses and Damages
While fatal truck accidents claimed the lives of those involved in deadly crashes, the lives of the decedent's survivors are forever impacted. Spouses, children, siblings, parents, and grandparents experience ongoing pain, grief, and suffering that steal the enjoyment of life for years.
In many cases, the decedent involved in a fatal truck accident experienced pain before passing away. All of these losses are considered non-economic damages in civil tort law.
A deadly truck accident working on behalf of the survivors can ensure that those responsible for causing the truck wreck are held accountable to pay for these damages based on their calculated value.
Fourth, Funeral and Burial Expenses
Illinois recognizes funeral and burial expenses as elements of damages in a wrongful death lawsuit in truck crash cases.
A case for these truck accidents and harms can be incredibly complex. Our truck accident lawyers have extensive experience resolving personal injury lawsuits and wrongful death claims in many states, including Maryland, Illinois, Indiana, Wisconsin, Arizona, and others.
Speak with a fatal truck accident attorney today at (888) 424-5757 for a free case evaluation to discuss receiving compensation from the defendant's insurance company. Our extensive experience in fatal truck accidents can ensure your family receives maximum compensation for the deadly accident.
Important Deadly Truck Accident Facts You Should Know
- There are hundreds of thousands of Illinois motor vehicle collisions annually.
- About twenty percent of truck accidents involving a passenger car or other vehicles have injuries.
- Fatal crashes account for about one percent of auto accidents
- Trucks played a part in over a quarter of all these deadly crashes.
- Most semi-truck 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 losing a loved one in a truck accident. A fatal truck accident lawyer has answered some of those questions below.
We appreciate that these questions may give rise to more answers. 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 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. Of course, 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 for hiring a lawyer to pursue a wrongful death case, many families appreciate having representation when dealing with commercial carriers.
Aside from the legalities of attempting to prove liability and causation, families may wish to have a lawyer experienced with commercial vehicles, such as trucks.
Not only can your accident lawyer assist you with navigating the legal system, but they can also ensure that you receive a full and fair settlement for your case. Typically, the defendants' insurance companies will negotiate a settlement to resolve a tractor-trailer accident to avoid an unpredictable jury outcome.
Which Trucking Companies Have the Most Accidents?
According to industry studies, Werner Enterprises, Swift Transportation, and U.S. Xpress had the most accidents over two years. In addition, many other large trucking firms besides them caused significant injury to innocent victims.
For more information on the safety records of commercial carriers, look here.
How Long Do I Have to File a Fatal Trucking Accident Lawsuit?
A statute of limitations governs all injury cases and wrongful death lawsuits for filing a claim. Your failure to file a lawsuit within the time will forever bar your recovery. You have two years to file a wrongful death case in Illinois (see 735 ILCS 5/13-202).
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 a case's worth is to consult with an experienced truck accident attorney.
$1,500,000 Settlement; Illinois Deadly Truck Crash:
A large truck on Interstate 80 veered over the median and hit a female driver in her seventies 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 extent 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 tragedy and horrendous pain this caused them. It was paid directly by the trucking company and not the insurance company.
$880,000 Settlement; Highway Motorcycle-Truck Accident Fatality Lawsuit:
A man in his middle forties was riding his bike near the highway in southern Illinois. A large tractor-trailer truck was driving nearby too. The trucker exited the road and was leaving through the exit but blew the stop sign.
The 44-year-old motorcyclist struck the side of his truck. He died at that intersection and was survived by his two children. Representatives for those kids brought this personal injury lawsuit against the large trucking 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 train and supervise him properly.
The plaintiffs sought financial compensation from each of them, but only the employer's insurance carrier paid out. As a result, the plaintiffs received $880,000.
$4,625,000 Settlement; Bike-Truck Crash Death:
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 were 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. So first, 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:
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. 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 much 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 collision, the truck accident attorneys of Rosenfeld Injury Lawyers LLC (rights reserved) can help.
Our experienced lawyers have worked in many cases involving commercial trucks, 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. Then, let's discuss resolving your legal matter to pay for 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 promise ensures that 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. So get the help you need and the compensation you deserve.