Lawyers for Truck Accident Lawsuits in Illinois Due to Faulty Equipment
Truckers transport goods thousands of miles across the United States every single day. One study estimates that 71 percent of the freight tonnage moved throughout the country is on big trucks. Without the trucking industry, America’s economy would suffer tremendously. Since trucking companies are responsible for moving billions of dollars in freight, it is imperative that they ensure their trucks are in good condition. In some cases, trucking companies may be responsible if faulty equipment in a truck causes an accident.
In 2015, there were 3,838 truck and bus accidents in the United States. In these accidents, 716 individuals lost their lives. In the overwhelming majority of fatal accidents, motor vehicle drivers and passengers are the ones who are killed. A motor vehicle is far smaller and lighter than a big truck, making it especially vulnerable in accidents.
If a truck is involved in an accident and it is determined that the trucker or trucking company’s negligence caused that accident, both parties may be liable for the injuries that result. In all accident claims, a victim must show:
- The at-fault driver owed the victim a duty;
- This duty was breached when the at-fault driver was negligent; and
- Due to this breach, the victim was injured.
All drivers have a duty to drive on public roads in a manner that is safe and reasonable under the circumstances. When a truck driver is negligent, this duty is breached. Negligent acts include failing to stop for stop signs, drinking and driving, driving while drowsy, and texting while driving.
Failing to properly maintain or repair trucks is a type of negligence. Trucking companies are involved in federal commerce; therefore, they must abide by federal regulations. Federal regulations require truck companies to regularly inspect, maintain, and repair their trucks. For example, if a trucker reports that the brakes seem to be malfunctioning, the trucking company should immediately service the truck. If the brakes fail on a truck and an accident occurs, the trucking company may be liable.
Common types of failures in big trucks include brake failures, lighting system malfunctions, engine problems, and tire failures. The Department of Transportation has reported that many truck accidents are caused by mechanical failures.
Trucking companies are required to keep logs of any maintenance that is performed on their trucks. If an accident occurs, these logs may be examined to determine if maintenance has been performed in a timely manner. If the truck is past due for maintenance, the company may face liability.
The victim may be compensated for medical bills, lost wages, pain and suffering, emotional distress, and other types of injuries as a result of the accident. The victim must show that the damages sought are a direct result of the accident.
At Stein & Shulman, LLC, our Chicago Law Firm is experienced in Truck Accidents
If you have been injured in a truck accident, contact Stein & Shulman to learn about your legal options in a free consultation, call (312) 422-0500 today.
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If you or a loved one have suffered an injury, contact us today for your free consultation with an experienced 18-wheeler accident lawsuit in Illinois at (312) 422-0500 or by filling out a free contact form online. Our legal expertise comes at no cost to you, unless we win or settle your car accident case.