When you’re involved in a truck accident, your first thought is about your own safety. But in the aftermath of an accident, it’s crucial to figure out the fault to get the compensation you deserve to recover.
When you’re involved in a truck accident, proving that the truck driver or the trucking company was responsible can be challenging. You might be dealing with serious injuries, property damage, and medical bills, making it essential to pinpoint liability to receive the compensation you need.
Chicago truck accidents are often complex, with different rules around commercial driving and negligence. Let’s review how fault is determined and the evidence you need to build a strong case.
Illinois law allows you to seek compensation from the at-fault party if you were injured in a truck accident. This often means proving that either the truck driver, the trucking company, or both acted negligently.
Truck accident cases involve more than just determining who hit whom; they often require evidence of specific negligent actions which will help prove your case.
Gathering evidence is critical to showing that the truck driver or trucking company was at fault. Here are some essential types of evidence that can help strengthen your case:
Police reports provide an official account of the accident scene, including officer observations and any citations given. These reports can be highly persuasive in determining fault.
Witnesses can offer independent accounts of the accident, adding credibility to your claims. Try to get contact information and statements from anyone who saw the crash.
Cameras near intersections or businesses may have captured the crash. Video evidence can reveal the truck driver’s actions, whether it’s speeding, swerving, or other reckless behavior.
There are specific records and logs associated with commercial trucking that can help prove if the truck driver acted negligently:
Federal law restricts the number of hours a truck driver can be on the road without rest. Checking these logs can reveal if the driver exceeded these limits, contributing to fatigue.
Trucks need regular inspections and maintenance to be road safe. Lack of proper maintenance can lead to mechanical failures that cause accidents, highlighting negligence.
Truck drivers need specific training and licenses. If the driver lacks the required credentials, it may indicate negligence on the part of both the driver and the trucking company.
Truck companies are responsible for making sure that their trucks and drivers meet safety standards. Here’s how you can prove a trucking company’s negligence:
In some truck accident cases, expert analysis can provide further support:
Accident Reconstruction Specialists: These experts can recreate the accident, showing how negligence led to the collision.
Medical Experts: Medical professionals can testify about the severity and cause of your injuries, reinforcing the impact of the truck driver or company’s negligence.
If your truck accident case goes to court in Chicago, local laws and regulations will affect the process. Illinois follows a “modified comparative fault” rule, meaning you can recover compensation even if you were partially at fault, as long as your share of fault is less than 50%. However, your compensation may be reduced based on your level of fault.
Proving fault in a truck accident case is not easy. You need a strong case backed by evidence, expert witnesses, and knowledge of Illinois trucking laws. A lawyer can help by:
Truck accident claims are complex, and proving fault requires a careful approach with lots of information gathering. Collecting your evidence, documenting your injuries, and working with a skilled truck accident attorney to guide you through each step will benefit your case.
If you or a loved one was injured in a truck accident, contact Staver Accident Injury Lawyers today for a free consultation. Call (312) 236-2900 or fill out our online form to get started on your path to justice and compensation.
When you’re fighting for maximum compensation, we know what it takes to get it.
