There’s a reason a lot of drivers are intimidated by truck drivers. They operate huge machines that could go out of control at any time. Many of our clients here at TorkLaw tell us that they try to avoid tractor-trailers at all costs. Sadly, this isn’t always possible. There’s always the chance that you or your loved one could be involved in a truck accident at any time. If this happens to you, then you need to talk to one of our Chicago truck accident lawyers as soon as possible after the crash.
After your truck accident, you’re going to need to file a claim against the truck driver’s insurance company. If you’re lucky, your claim will be paid, and you won’t need a lawyer. Sadly, there are a lot of times when larger claims are denied. And, given the type of injuries that truck accident victims suffer, your claim will probably be quite large. If your claim is denied, you have a few options. First, you can appeal your claim. If that doesn’t work, your Chicago truck accident attorney can file a lawsuit on your behalf.
The good news is that, even if you do sue, there’s a good chance your case will settle. Very few of these cases go to trial. Trials are expensive and time-consuming. They’re not good for anybody, including the insurance company. What you should do is call our office and talk to one of the skilled Chicago truck accident lawyers at TorkLaw.
Can Your Chicago Truck Accident Lawyer at TorkLaw Prove the Truck Driver Was at Fault?
In order to prove your case, your Chicago truck accident lawyer needs to prove two things. First, they need to demonstrate that the trucker was at fault. Second, they need to prove that you actually suffered damages. This sounds a lot easier than it is. There’s no guarantee that a court will believe the truck driver was at fault. That’s why it’s important that you give your lawyer as much information as possible. This way, they have the evidence they need to prove the driver was at fault.
To prove fault, your attorney will try to prove negligence. This requires that they show four (4) things:
- The truck driver owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were a direct result of the defendant’s breach
Even if they can prove negligence, your Chicago truck accident lawyer still needs to prove your damages.
What are the Most Common Causes of Tractor-Trailer Accidents?
While most of the accident you read about in the news involve cars and SUVs, some of them involve tractor-trailers as well. In 2014, there were more than 19,000 crashes in Illinois that involved large trucks. That only makes up about 6% of all traffic accidents. Yet they tend to be the most serious. Of the 924 traffic fatalities that year, 120 of them involved tractor-trailers. This shows you that these accidents can be very dangerous and even fatal.
It’s important to know what the most common causes are for truck accidents. That way, you can do your best to avoid them. The most common reasons for tractor-trailer accidents include the following:
- Distracted driving
- Drunk driving
- Too heavy a load
- Driver fatigue
- Driver inexperience
- Equipment failure
As with any other type of accident, there’s rarely one driver who is 100% at fault. Yet, when it comes to truck accidents, it’s usually the passenger in the car or SUV who suffers the brunt of the accident. That’s because there’s no way a person can survive that sort of impact.
Are You Automatically Entitled to Damages?
As we had discussed before, there’s no guarantee that any of our clients at TorkLaw will be entitled to damages. In order to receive compensation, you need to prove that you were actually injured. If you can do that, you may be entitled to some or all of the following:
- Medical bills
- Future medical bills
- Pain and suffering
- Lost wages
- Lost future income
- Property damage
Whether or not you receive damages depends on how bad your injuries were. Your Chicago truck accident lawyer needs to do what they can to get you as much as possible. Just keep in mind – your attorney’s job is not to make you rich. It’s their job to make you whole. Not every case ends up with a huge settlement. It all depends on what you can prove.
What Kind of Evidence Will Your Chicago Truck Accident Lawyer Use?
In order to prove your case, your TorkLaw Chicago truck accident lawyer needs to use whatever evidence they have. This could include all sorts of information. Some of this may be:
- Medical records
- The police report
- Witness statements
- Pictures of the accident scene
- Videos or camera footage from intersection cameras
The good news is that you probably won’t have to take the stand or testify. That’s because there’s a good chance your case will settle. The only way to know for sure is to talk to one of our seasoned attorneys.
Talk to a Skilled Chicago Truck Accident Lawyer at TorkLaw Today
If you or your loved one are injured in a truck accident, you may need help. If your insurance claim is denied, then a Chicago truck accident lawyer at TorkLaw can help. They can negotiate with the insurance company on your behalf. And, if necessary, they can file suit on your behalf as well. They’ll do whatever it takes to get you and your family justice.
Call today and schedule your free initial consultation. Sit down with someone who can answer your questions. Our team has handled dozens of these cases before. They know what it takes to prove your damages. They also have relationships with the insurance company and will do what it takes to reach a settlement. The consultation is free, and you don’t have to pay a dime until your case is resolved.