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Building a Case After a Truck Accident

Posted on in Car Accidents

Building a Case After a Truck AccidentBeing involved in an accident with a truck is both frightening and perilous if you are driving a smaller vehicle. Victims can suffer serious or even fatal injuries because of the force of colliding with a such a large object. Pursuing personal injury damages will help you afford the recovery treatments you need, as well as compensate you for your pain and suffering. However, building a personal injury case involving a truck is different than with other vehicles.

Crash Causes

Driving a large truck requires greater skill and caution than with a normal-sized vehicle. A truck takes longer to stop, has larger blind spots, and needs more space from other drivers when making turns or changing lanes. Drivers have more difficulty avoiding an accident with a reckless truck driver because of the length of the vehicle. The truck driver may have been at fault for your accident if he or she:

  • Was driving too fast;
  • Did not apply the brake in time to stop from rear-ending your vehicle; or
  • Changed lanes without consideration for other vehicles.

To prove that the truck driver was reckless, you will need to recount how the driver was behaving before the accident, his or her actions that put you in danger, and how you responded. A witness may have had a more complete view of the circumstances that led to the crash and be able to corroborate your account.

Associated Causes

In truck accidents, factors other than the driver’s recklessness may have been responsible for the crash:

  • The driver may have been tired from driving too long;
  • The driver may have had an adverse reaction to a drug he or she was taking to stay awake;
  • The driver may not have been properly trained to operate the vehicle;
  • The cargo may have been too large or not properly secured; or
  • The truck may have malfunctioned.

A trucking company may be liable for the accident if the driver was its employee. The company is responsible for maintaining its vehicles and making sure that its drivers are capable of operating the trucks in a safe manner. The driver may have chosen to exceed the number of hours that he or she is allowed to drive without a break, but the company may have pressured the driver into the decision by giving him or her an unreasonable schedule.

Contact a McHenry County Personal Injury Attorney

A trucking company likely has experience defending itself against personal injury lawsuits. A Crystal Lake, Illinois, personal injury lawyer at Botto Gilbert Lancaster, PC, can present a case that will either win in court or convince the company to offer you a settlement. Schedule a free consultation by calling 815-338-3838.

Source:

https://www.fmcsa.dot.gov/safety/research-and-analysis/large-truck-crash-causation-study-analysis-brief

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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