Accidents involving tractor-trailer rigs traveling cause fatalities, serious injuries, and significant property damage yearly.
Anyone involved in a collision with a big rig should contact an Aurora truck accident lawyer as soon as possible. An experienced injury lawyer can help their client to pursue compensation for their injuries suffered.
Common Truck Accident Causes
About four percent of all crashes in Illinois involved a tractor-trailer in 2014, and of those, 771 happened in DuPage County, according to the Illinois Department of Transportation.
Collisions between tractor-trailer trucks and smaller vehicles can be devastating because of the disparity in size between the tractor-trailer and the passenger vehicle.
Causes of accidents with these types of trucks include:
- Distracted or fatigued drivers
- Also, speeding or other traffic violations
- Trucks swerving
- Tire blowouts
- Cargo loads that shifted, unbalancing the load
- Poor visibility because of improper lighting or weather
Some collisions with tractor-trailer rigs in Aurora links to improper maintenance, particularly tires and brakes, shoddy repair work, and manufacturing defects.
With so many causational variations, assessing who and or what caused the wreck can be difficult. Legally, fault and the amount of compensation are determined by the facts of each case and the application of Illinois negligence law.
Illinois uses a modified comparative negligence standard. Comparative means that compensation for damages is reduced based upon how much at fault each party is in causing the accident. That standard, used in many states, allows courts to apportion the fault of the accident between the parties involved. The apportionment of fault then applies to the calculation of recoverable damages.
By applying the modified version in Illinois, a party who is more than 50 percent at fault cannot collect any damages. This is called the “51 percent” rule.
Elements of Negligence
A claim for negligence filed with the help of an Aurora truck accident lawyer has four elements.
- Duty of care. A prudent, reasonable person has a legal responsibility to not harm another person by an action or an omission
- Breach. The act or omission violates that duty
- Damages. Personal injuries or other actual damages suffered in the accident
- Lastly, cause. The actual damages suffered resulted as a proximate cause of the defendant’s breach of a duty
Making a Tractor-Trailer Accident Claim
Beginning the case, a truck accident lawyer in Aurora will conduct a thorough independent investigation of the circumstances of the truck accident, including the maintenance and repair records of the truck involved, the trucking company’s safety record, company rules, and the driver’s mental and emotional state at the time of the accident.
An experienced Aurora truck accident lawyer will use any mistakes or missteps by a truck driver or other defendants uncovered in the investigation as leverage to gain a favorable settlement. Because most civil cases settle between the litigants, usually faster and less expensive than a court case, the lawyer will present the strongest claim possible and aggressively negotiate with the insurance carrier to achieve a fair settlement. If a fair settlement cannot be reached, the accident victim, with advice from their lawyer, may file a lawsuit and take those responsible to court.
The damages recovered, either in a settlement or from a lawsuit, will compensate the truck accident victim for medical and therapy treatments, loss of present and future income, and other damages incurred. You pay no fee unless we win.
Contacting an Aurora Truck Accident Attorney
Debilitating injuries and substantial property damage often happen in these types of accidents; the losses can be devastating to the future health and welfare of the truck accident victim. Involved in an accident? Call an Aurora truck accident lawyer and also, get professional legal assistance in pursuit of your deserved compensation.
Our office hours range from 8:00 a.m. to 5:00 p.m. Monday through Friday and we answer our phones at 708-222-2222 24/7. If you prefer, we have an online form you can use or you can utilize our LiveChat service as well. We look forward to hearing from you.