Peoria Truck Accident Attorney
When an 18-wheeler collides with a passenger vehicle, occupants of the passenger vehicle are likely to suffer serious or fatal injuries. If you have been hurt or lost a loved one in a truck accident caused by the negligence of another, call the experienced Peoria truck accident attorneys at Kanoski Bresney as soon as possible. Our team of experienced Peoria accident lawyers will fight for the full compensation you and your family deserve.
Why Choose Our Firm?
- Kanoski Bresney is the largest personal injury law firm in Central Illinois, with 12 attorneys and more than two dozen staff to handle your truck accident claim.
- We have more than four decades of experience successfully representing injured people.
- We have recovered more than $400 million in settlements and awards for our clients.
Who Is Liable?
There may be several potentially liable parties in a truck accident caused by someone else’s negligence. You may be able to seek compensation for your injuries from the:
- Truck driver: Negligent truck drivers who cause accidents and injuries may be held accountable.
- Trucking company: In too many cases, trucking companies place profit over safety, making dangerous demands of their drivers.
- Cargo companies: An overloaded truck or improperly loaded cargo is a common cause of truck accidents. In such as case, the company that loaded the cargo on the truck may be responsible.
- Truck or parts manufacturer: If the truck that collided with your vehicle was defective or poorly designed, or contained defective parts, you may have a claim for compensation against the manufacturer.
Why You Need a Truck Accident Lawyer
Many truck accidents are caused by the negligence of the truck driver, the trucking company, or other parties responsible for the truck or its cargo. Truck accidents are typically complex, high-stakes cases involving federal regulations and multiple potentially responsible parties. Our experienced Peoria truck accident attorneys have in-depth knowledge of the various aspects of commercial truck accidents, including regulations, liability, and how to obtain and preserve evidence. We are committed to pursuing maximum compensation for you and your family.
What Damages Can You Recover?
A trucking accident claim in Peoria could give you justice and closure after an event that significantly affected your life. It could hold a trucking company or other negligent party accountable for its actions. It could also provide you and your family with the financial relief you need to move forward, and to enjoy future financial stability. The Illinois civil courts permit victims of auto accidents to claim compensation for many types of damages.
- Medical expenses
- Past and future physical pain and suffering
- Mental anguish or emotional distress
- Property damage
- Lost wages
- Lost capacity to earn
- Lost quality of life
- Wrongful death damages
The state of Illinois does not place a cap on the amount of damages a plaintiff can receive in a trucking accident claim. You may qualify for both economic and noneconomic damages. The value of your case will depend on the severity of your injuries, cost of your losses, and many other factors. Working with a Peoria truck accident lawyer from Kanoski Bresney can improve your chances of securing fair and full compensation for your damages. You may even receive additional punitive damages if the defendant’s actions were grossly negligent.
What Is the Difference Between a Truck Accident and a Car Accident?
Many fundamental differences exist between a truck accident and a car accident. The damages the accident inflicts on victims are typically more severe in a truck accident, since trucks exert more force on other cars in a collision than smaller passenger vehicles. Personal injuries, therefore, can be more catastrophic in a truck accident claim. Injuries can include traumatic brain injuries, spinal cord injuries, disfiguring burns, loss of limb, and wrongful death.
The other differences between the two accidents types have to do with legal aspects. Most car accident claims involve two main parties: the drivers of the vehicles. A trucking accident, however, can involve the car driver, the truck driver, the trucking company, the owner of the truck, and the cargo company. As a victim, you must navigate the legal process with all of these potential defendants – not just a case against the at-fault driver. It can be very difficult to go up against a trucking company insurance corporation alone.
The laws controlling commercial trucks differ from typical traffic laws as well. Trucking companies and their drivers must obey federal regulations from the Federal Motor Carrier Safety Administration (FMCSA). These include rules for how long drivers can work at a time, how often they must inspect their trucks, how to secure cargo, and more. Federal laws may come into play in your trucking accident claim.
What Are the Truck Accident Laws/Regulations in IL?
Both state traffic laws and federal laws may apply to a trucking accident case in Illinois. After a trucking accident, victims have two years from the date of the wreck to file a personal injury claim. A much shorter time limit exists on how soon one must report your accident to state officials. Victims must report a trucking accident to the Department of Motor Vehicles within 10 days of the collision. Since most trucking accidents are serious, victims should call the police to report to the scene of the collision. Most of the time, the police will file an official report so the victim does not have to.
On top of state-mandated laws, federal rules may also apply to a trucking accident case. The FMCSA has hundreds of rules regulating the trucking industry. No matter which state the truck is in, the company and its drivers must obey federal law. Hours of service regulations, for example, restrict maximum driving time to 14 hours at a time, following 10 consecutive hours of rest. Breaking any of the FMCSA’s regulations and causing an accident is negligence. If you have evidence that a truck driver or company broke any of the accident laws or regulations in Illinois, this could be enough proof of negligence to win your case.
Truck Accident Statistics
As stated by the Federal Motor Carrier Safety Administration (FMCSA), in 2016:
- The number of large trucks involved in fatal crashes increased by three percent from 4,074 in 2015 to 4,213 in 2016.
- There were 3,864 fatal crashes involving large trucks.
- 4,317 people were killed in truck accidents.
- 110,000 large trucks were involved in injury accidents.
- 145,000 people were injured in crashes involving large trucks.
- For every 100 million vehicle miles traveled by large trucks, 50.3 people were injured in traffic crashes involving large trucks.
Causes of Truck Accidents
FMCSA reports that, of the 475,000 police-reported traffic crashes involving large trucks in 2016, collision with another vehicle was involved in 73% of fatal crashes and 83% of injury crashes. As stated in FMCSA’s Analysis Brief of The Large Truck Crash Causation Study, the top ten factors contributing to accidents associated with large trucks and their drivers were:
- Brake problems
- Interruption of traffic flow (congestion, accidents on the road)
- Prescription drug use
- Traveling too fast for conditions
- Unfamiliarity with roadway
- Roadway problems
- Truck required to stop before a crash (crosswalk, red light)
- Over-the-counter drug use
- Inadequate surveillance
- Driver fatigue
Contact Our Peoria, Illinois Office
At Kanoski Bresney, our experienced Peoria personal injury lawyers in Peoria are dedicated advocates for people injured in collisions with large commercial trucks. If you have been hurt or lost a loved one in a truck accident, contact us today.