INJURED? Call 844-4-VLG-LAW or Text (219) 407-0654 for a FREE Consultation
CONTACT VRDOLYAK LAW (NASHVILLE)
With over 55 years of experience in different areas of law, our long history in the Chicagoland area, The Vrdolyak Law Group is a firm that is experienced in these matters. We will fight for you and your loved ones. With our vast network of experienced and proven lawyers, you can feel comfortable coming to Vrdolyak for all your legal needs.
Call 844-4-VLG-LAW (844-485-4529) for a FREE consultation.
We will have someone waiting by to take your call.
Mistakes can happen, but negligence is preventable. Whether the extent of damages is great or small, no one should have to suffer because of another’s negligence.
TRUCK ACCIDENT LAWSUIT TIMELINE
1. CLAIM ASSESSMENT
Our firm goes over a claim once it has been filed and all elements of the claim are present for review. This includes components like evidence, damages, accident details, medical bills, future expenses, the proof of negligence from the other party.
2. INVESTIGATION
From out claim assessment we would determine if it qualifies to move forward in the process. The next step we take is investigation. This part can be time sensitive because as we analyze the evidence in this part of the process, it can help a case substantially if the evidence is fresh and we can preserve your evidence. We will also notify the other parties that they are legally obligated moving forward to preserve all of their evidence as well. Evidence under review is anything from photographs of the accident to the actual vehicles involved to truck certificates and similar data.
3. FILE A COMPLAINT
File a complaint with your evidence and information to begin the process of determining a case.
4. CASE DISCOVERY
Once we get the evidence and information from the negligent parties, we will talk to witnesses from the crash, talk to experts and specialists for these types of crash scenes, as well as medical specialists.
5. BEGIN MEDIATION
The next step is mediation. We would take you and together we would go to meetings with the negligent party and their representation. The purpose of this is to try and reach a settlement between the two parties. We would negotiate compensation for damages, medical bills, or future expenses. Most accident claims are settled during this stage of the process.
6. GO TO TRIAL
If no settlement was able to be reached while in mediation, we would proceed the case to trial. A judge and jury will hear the case. Your experienced accident attorney will present your evidence, prepare you for giving your testimony if required, and participate in closing arguments. This is the final step in the process and will determine whether if you get compensation for your damages and how much you will receive.
Compensation After a Truck Accident Lawsuit
Compensation can come in different forms and can vary between cases.
Examples of compensation for a truck accident can be:
- Past and future medical bills
- Future cost of rehabilitation and medical care
- Lost employment and wages
- Work compensation
- Loss of employment
- Future wages if you lost employment
- Mental health resources
- Punitive damages for the at-fault party
Truck Accident Investigations
1. Assess the Injury
2. Get Medical Treatment if Needed
3. Interview Victims and Witnesses
4. Observe Site of Accident
5. Analyze the Facts
6. File a Claim
7. Follow Up
8. Corrective Action
What Does Negligence Look Like?
Failing to obey traffic laws: Speeding, failing to yield, running spotlights, etc.
Failing to be alert while driving: Failing to follow traffic laws, to pay attention, failure to be prepared for unexpected circumstances.
Failing to maintain control of a vehicle: swerving, slamming on breaks, etc.
Failing to use car equipment properly: a driver not using their turn signal, failing to use their hazard lights when needed, failing to fix broken tail lights or headlights, etc.
Driving impaired: under the influence while driving
Improperly loaded truck: Failing to properly load and strap down materials can cause Lost Loads.
Improper training: Depending on if the truck driver was hired through a private or public company training of its drivers could vary and certain elements of their training could fall through the cracks.
Common Causes of Negligence on the Road
- Fatigue
- Driving Under the Influence- Alcohol or Drug Use
- Speeding
- Swerving
- Larger Blind Spots on Trucks
Being Aware on the Road:
● Nearly 13 percent of vehicles on the road are tractor-trailers, semis and big rigs
● There are roughly 3.5 million truck drivers and more than 500,000 trucking companies in the U.S.
● The trucking industry generates about $255.5 billion each year in revenues
● Trucks can be as much as 20 times heavier than passenger vehicles
● Due to their weigh, trucks traveling at 75 mph will need 100 more feet of stopping distance than cars traveling at the same speed
Statistics
Source- National Highway Traffic Safety Administration
(https://one.nhtsa.gov/Data)
2014 Data: Large Trucks
Key Facts from the Study
Large-truck drivers involved in fatal crashes in 2014 had the highest percentage (14.9%) of previously recorded crashes compared to drivers of other vehicle types (motorcycles, 13.6%; passenger cars, 12.6%; and light trucks, 12.0%). In the year 2021 there were 5,788 people killed in large truck crashes, up from 4, 945 killed in 2020. This is an 18% increase in one year and a 49% increase in large truck deaths over 10 years.
Fatalities in Large Truck Crashes
■ 73 percent were occupants of other vehicles,
■ 17 percent were occupants of large trucks, and
■ 10 percent were non-occupants (pedestrians, cyclists, etc.)
Those injured in Large Truck Crashes
■ 74 percent were occupants of other vehicles,
■ 23 percent were occupants of large trucks
■ 3 percent were non-occupants
Things to be aware of:
■ About one out of every 4 fatal large-truck crashes occurred on an interstate.
■ 61 percent of the fatal crashes involving large trucks occurred in rural areas.
■ Almost all fatal crashes (95%) involving large trucks occurred outside of work zones.
■ 79 percent of the fatal crashes involving large trucks occurred on weekdays.
■ Of those weekday large-truck fatal crashes, 71 percent occurred during the daytime hours of 6 a.m. to 5:59 p.m.
■ Large-truck drivers have the highest percentage (14.9%) of previously recorded crashes compared to drivers of other vehicle types (motorcycles, 13.6%; passenger cars, 12.6%; and light trucks, 12.0%).
■ Over 16 percent of all large-truck drivers involved in fatal crashes had at least one prior speeding conviction, almost the same as passenger car drivers involved in fatal crashes.
■ Drivers of large trucks in fatal crashes were less likely to have previous license suspensions or revocations than were passenger car drivers (8.9% and 14.8%, respectively).
■ In 2020 Illinois was among the top five states in fatal accidents involving large trucks.
■ Government statistics showed that in 2022 an incredible 18% of truck drivers tested positive for drugs or alcohol or refused to take random drug and alcohol tests- which is the same as a positive test.
Some trucking experts believe that the number of commercial trucking related deaths are underestimated. Trucking death statistics depend on state and local police to complete reports for every fatal collision. Yet these reports can be overlooked or forgotten by authorities focused on investigating these crashes.
RV Accidents
RVs or recreational vehicles are becoming more common on the road as a new generation of retired adults find new ways to spend their time. This increase could bring new levels of risk to the roads.
We mentioned before that sooner is better than later. There can be a better judgment of the success of a claim and case the sooner the claim is filed and evidence is preserved.
Recreational Vehicles (RVs) are also increasingly becoming more and more common on the roads. Due to the fact that RVs do not require specific training or even special licenses. Operating this larger machinery without those requirements could lead to unintentional unsafe driving and endangering you and your loved ones.
Common Reasons for RV Accidents
- Untrained Drivers
- Senior Drivers (retired baby boomers)
- Overloading or Poorly Loaded RVs
- Runaway Trailers
- Rollovers
- Miscalculated Turns or Stops
- Larger blind spots Than the Average Car
What Can You Do After An RV Accident?
A truck accident can be a heartbreaking and traumatic experience. Justice can never replace a loved one, but can give you peace of mind. It can help you get the compensation needed.
First things first you should get the medical care you need right away. Take photos of the crash and of the injuries. Speak to your attorney before you speak to your insurance company. This is critical as an insurance company may rush the process and want to pay as little as possible.
If you or a loved one was injured or wrongfully killed in a truck accident, call Vrdolyak now for a FREE consultation. Our attorneys can help you fight for the compensation you deserve.
Types of RVs on the Roads:
- Motor Home
- Campervan
- Pop up Camper
- Travel Trailers
- Fifth Wheel
- Vacation
- Permanent
Travel Trailer
Accident Prevention Tips
Weight is directly related to balance, so:
■ Tongue weight should be 9-14 percent of the entire weight of the trailer
■ Best check system is to step back from the trailer and see if the trailer and truck or car are balanced.
■ You can also weigh the tongue using scale
Trailer Sway:
This ties into balance. Having a swaying trailer can be deadly on the road. For you and for other drivers on the road. If the trailer is carrying too much weight, and the tongue weight is too light, it can cause the trailer to sway out of control behind the vehicle “underloaded”. If the vehicle is “overloaded” and is carrying too much weight then the vehicle will squat. It will cause the back end to be lower than the rest of the vehicle and result in the headlights being titled slightly upwards. This can lead to improper nighttime driving and overcompensation on the vehicle’s engine.
■ You can buy a device to help control the sway of your travel trailer
■ To reduce your travel trailer sway while driving take your foot off of the acceleration, but do not use your brakes. Applying brakes generally can make the sway worse.
■ Check tire pressure of both your vehicle and the travel trailer before starting the trip
■ Load travel trailer properly. Disproportionate or loose packing can increase your travel trailer chances of swaying and can be harder to control. Loose packing also can lead to the damaging of your property inside the travel trailer.