DGAA bLAWg

Truck Accidents in Illinois: Understanding the Types of Collisions

Web Admin - Tuesday, May 06, 2014

illinois truck accident lawyerAccidents involving commercial trucks are a special type of traffic accident that differ from normal car wrecks in both practical and legal matters. From a practical standpoint, accidents that include a commercial truck can be especially dangerous. Even though truck accidents only account for three percent of all accidents in Illinois, the Illinois Department of Transportation reports that they make up nine percent of all accidents involving a fatality. Furthermore, nationwide statistics reveal the 83 percent of people killed in truck collisions are either pedestrians or occupants of other vehicles. Given the abnormally severe consequences of truck accidents, it can be important to understand the general law surrounding them, as well as the specific concerns that arise in truck accidents as opposed to other types of crashes.

The Law of Truck Accidents

Truck collisions are governed by the same law that governs most traffic accidents. This means that the lawsuit will most likely proceed under a theory of negligence. In order for the victim to succeed in showing that the defendant acted negligently, they will need to prove four things:

  • - That the defendant had the responsibility to use “reasonable care” to prevent harm from coming to the plaintiff (motorists almost always have this responsibility towards each other);
  • - That the defendant acted carelessly;
  • - That the defendant’s careless act caused the accident; and
  • - That the plaintiff suffered harm in the accident.

While these four things, often called the elements of negligence, arise in most traffic accident lawsuits, the fact that a commercial truck was involved creates unique considerations, especially because the truck driver may be an employee of a company.

Distinct Considerations for Trucks

Commercial trucking accidents differ from normal automobile crashes in a variety of ways. One of the most common changes is the fact that commercial truck drivers are often employees of a company. This means that the person whom the truck driver injured may be able to hold the corporation responsible for the acts of its employee. This could happen through two different methods.

First, the plaintiff could try to show that the trucking company was in some way negligent. Examples of negligent behavior on the part of companies might include improper maintenance of the trucks, insufficient training of the employees, or a failure to properly supervise employees. This last issue of improper supervision can be important since there are particular regulations related to the trucking industry that govern things like the amount of time that a driver may spend on the road consecutively. Failing to abide by these regulations could increase the chance of a serious accident.

Even if a corporation is not negligent in its own actions, the court may still hold it responsible for its driver’s actions under a doctrine known as “vicarious liability.” This doctrine states that employers may be held liable for their employees’ actions in situations where an employee is acting on behalf of the employer.

If you have recently been the victim of a truck collision, reach out to a skilled Illinois personal injury attorney today. Our experienced team helps clients in towns all over the northwest suburban area, including in Palatine, Arlington Heights, and Des Plaines.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

New Study Reveals High Amounts of Drug Use among Truck Drivers

Web Admin - Tuesday, November 26, 2013

By Ken Apicella

Truck drivers often experience difficult working conditions, such as long hours or strenuous physical demands. These conditions can lead to a temptation to abuse alcohol and other drugs while driving, which increases the likelihood of traffic accidents, endangering both themselves and others on the road.

Drug Use among Truck Drivers

A new study examined the prevalence of substance abuse in the worldwide trucking industry. The study used both self-reported surveys and data from drug tests to try to get the clearest picture possible. The results showed a disconcerting amount truckers using mind-altering substances on the job.  One of the sets of tests that the study examined showed a high rate of alcohol use among American truck drivers, showing that approximately one in every eight tests came back positive for alcohol.

The study also examined illegal drug use, most particularly marijuana, amphetamines, and cocaine. The study brought together survey data across the world that showed that 3 percent of truck drivers admit to using cocaine, 20 percent admit to using marijuana, and as many as 30 percent worldwide to using amphetamines while driving.

These drugs all cause different effects, and consequently are dangerous for different reasons. Some substances, like alcohol and marijuana, sedate users, causing drowsiness and decreased alertness. Conversely, drugs like cocaine and amphetamines are stimulants. While truckers often use them to stay awake on long trips, they can also alter reaction times and cause hallucinations.

Protecting Yourself

Drivers can take several steps to protect themselves, including maintaining an increased awareness of trucks on the road, and making proper signals when changing lanes or performing other maneuvers.

No one can truly ensure that they stay completely safe on the road. In the event that a driver does get injured in a trucking accident, they can benefit from the counsel and experience of an attorney who can help them recover both the medical and emotional costs of the accident.

If you or a loved one has been injured in a trucking accident, contact an Arlington Heights personal injury attorney today. We serve many northwest suburban areas including Crystal Lake, Chicago, Barrington, and other nearby communities.


Recent Posts


Tags

Barrington business law firm fault based insurance low-ball insurance settlement Schaumburg elder law lawyer South Barrington real estate lawyer criminal defense small business Palatine personal injury lawyer Schaumburg probate attorney Attorney Ken Apicella drug crime Schaumburg estate planning attorney slip and fall Crystal Lake estate planning lawyer paid sick leave Crystal Lake insurance lawyer Illinois medical malpractice case Crystal Lake civil litigation lawyer sexual images Arlington Heights lawyer personal injury claims blended families Crystal Lake traffic lawyer Rolling Meadows car accident lawyers car crash injuries Inverness personal injury attorney Illinois Wage Payment and Collection Act murder Schaumburg car accident attorney Illinois medical malpractice lawyers life insurance policy Barrington criminal defense lawyer Palatine corporate law attorneys Arlington Heights employment law attorneys sexual harassment wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace consent to a search unpaid overtime employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois jet ski accident lawyer estate planning for college students loss of consortium elder law Illinois living will BAIID elder abuse privacy holiday statistics traffic violations Palatine traffic lawyer Chicago insurance claim attorneys wrongful death commercial leases drugs Illinois real estate lawyer Crystal Lake medical malpractice attorneys car crash digital information Long Grove estate planning attorney estate planning Arlington Heights car crash attorneys Mount Prospect elder law attorney hit and run accident business litigation guardianship attorney digital evidence Illinois personal injury attorney IRA benefits medical malpractice claims probate fees Inverness DUI lawyer landlord Rolling Meadows insurance attorney Des Plaines pet law attorney Illinois medical malpractice attorney Palatine Attorney Rolling Meadows medical malpractice lawyers changes to mortgage law Illinois bicycle safety agent Buffalo Grove personal injury attorney insurance dispute attorney commercial real estate GM ignition switches Illinois estate planning law firm insurance denial appeals Illinois rollover accident lawyers Illinois speeding lawyer insurance claims power of attorney for healthcare spinal cord injuries modern family estate planning Palatine elder law attorney Illinois registered agent social media after death contracts capital gains tax Barrington Traffic Lawyer Arlington Heights insurance attorney Fourth of July insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Joliet general practice lawyers Illinois collections attorney accidental death benefits pedestrian-automobile accident severance agreements workers comp drunk driving statistics School Visitation Rights Act liability claims Deer Park motorcycle accident lawyer living wills Schaumburg corporate attorney Schaumburg criminal law attorney rent to own real estate contracts Rolling Meadows litigation lawyer breach of contract living trust car accident Illinois traffic attorneys back injuries Rolling Meadows boating crash lawyer Home Remodeling Repair Act distracted driving accidents vacation home Illinois employment laws FSLA health insurance dispute Chicago biking tips employment contract Arlington Heights car accident lawyer rumble strips Family Medical Leave Act employee rights Arlington Heights tax lawyer DMV loopholes Illinois employment law firm Crystal Lake will lawyer drunk driving Arlington Heights personal injury lawyer Buffalo Grove probate lawyer federal crimes Des Plaines real estate lawyer boating accidents Deer Park DUI lawyer Barrington workers compensation attorney Inverness traffic law firm involuntary manslaughter real estate lawyer denied insurance claims food poisoning startup company life insurance claims Riverwoods estate planning lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Barrington employment attorney meal breaks Barrington civil litigation attorney Illinois employment law attorneys insurance claim delay fatal car accidents Palatine criminal defense lawyer Class A misdemeanor landlord tenant law insurance disputes license revocation Chicago employment lawyer independent contractor license Des Plaines insurance attorney reckless homicide Crystal Lake tax lawyer insurance attorney residential real estate construction contracts murder defense real estate attorney traumatic brain injuries Crystal Lake bike accident lawyer civil rights violation tax attorney wills and trusts Inverness civil lawyer Illinois insurance lawyer Illinois Des Plaines personal injury lawyer Barrington criminal lawyer Barrington Illinois estate planning lawyer Crystal Lake accident attorney defective products Inverness real estate attorney medical research investment property Arlington Heights trucking lawyer installment contracts living trust benefits Mount Prospect real estate lawyer Illinois medical malpractice claim DNR IRS trench injuries criminal record driving Arlington Heights employment attorney bicycle dooring accidents rollover car crashes Rolling Meadows traffic law firm Illinois will lawyer Palatine business attorney marijuana Crystal Lake pet attorney denied insurance claim Rolling Meadows accident lawyer Barrington medical malpractice lawyers blood alcohol content unfunded trust Palatine workers compensation lawyer Schaumburg insurance lawyers employment lawyer texting and driving senior citizens probate IRA trust transfer Chicago traffic lawyer Des Plaines civil attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Crystal Lake medical malpractice lawyer car accidents Illinois business law atorneys Schaumburg Attorney workers compensation Barrington real estate lawyer Schaumburg civil litigation attorney Palatine civil attorney Deer Park medical malpractice attorney caregiver Schaumburg wrongful death attorney trusts Des Plaines drug lawyer auto accidents Illinois Transfer on Death Instrument Illinois probate lawyer new real estate form Illinois traffic laws Illinois law condo association Deer Park accident attorney Illinois workplace lawyer Illinois insurance claim attorney Long Grove real estate attorney Illinois wrongful termination lawyer BUI Buffalo Grove insurance claim dispute lawyers work unions surgical mistakes DUI attorney Long Grove estate planning attorneys product liability healthcare claims Buffalo Grove injury lawyer Deer Park workers compensation lawyer underage DUI TBI golf accidents traumatic brain injury traffic deaths workers compensation benefits disability benefits traffic offenses Arlington Heights wills and trusts lawyer Illinois Smoke Detector Act Arlington Heights wills and trusts lawyers bad faith insurance claims Illinois LLC creation Buffalo Grove car accident lawyer Barrington estate planning attorney Crystal Lake employment lawyer Arlington Heights real estate lawyer Illinois wills and trusts Chicago will attorney Schaumburg employment attorney Palatine punch death Chicago attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Chicago estate planning lawyer Schaumburg personal injury attorney forming a corporation in Illinois Rolling Meadows personal injury attorney trust payments trucking accident lawyers insurance agents Buffalo Grove medical malpractice lawyers motorcycle accident icy parking lots unauthorized overtime traffic laws Rolling Meadows marijuana attorney Arlington Heights wills and trusts attorney Illinois real estate probate claims process Barrington employment law attorney Buffalo Grove employment lawyer swimming pools marijuana crimes attorney Colin H. Gilbert traffic crimes institutional trustee digital media accounts, estate planning, Arlington Heights estate planning attorney, Des Plaines Des Plaines injury law firm Super Mario employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Arlington Heights wills and trusts attorneys nursing home negligence Des Plaines personal injury attorney liens no contest clauses Inverness real estate lawyer Barrington attorney real estate leasing Des Plaines drug crimes lawyer Illinois elder law attorney Illinois personal injury lawyer cell phone accidents Arlington Heights criminal lawyer FMLA Inverness probate lawyer premises liability natural gas BAC Schaumburg personal injury lawyer field sobriety test Des Plaines real estate attorney in terrorem provision Illinois employment attorneys Buffalo Grove traffic attorney underinsured motorist Palatine drug lawyer ACA Palatine injury attorney Legal Info defective products lawyer Arlington Heights TBI attorney Illinois job attorney Crystal Lake employment attorney liability Illinois employment law attorney real estate closing employees Rolling Meadows probate lawyer minimum wage taxes Long Grove real estate lawyer distracted driving accident victims gift taxes Rolling Meadows Attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers criminal law Illinois pedestrian accident attorney dealing with problem employees Kenilworth estate planning attorneys Palatine insurance lawyer internet ken apicella pain and suffering Schaumburg traffic lawyer income distribution deducation Rolling Meadows insurance lawyer Illinois boating accident lawyer boating DUI real estate attorneys Rolling Meadows DUI lawyer personal injury law firm pet law Rolling Meadows criminal lawyer Long Grove estate planning pedestrian accidents medical marijuana Illinois trucking safety hiring employees Chicago car accident lawyer LLCs Federal Food Drug and Cosmetic Act pregnant women Transfer on Death Instrument Deer Park traffic accident attorney drug crimes lawyer Illinois Workers’ Compensation Commission employment law deadly crashes products liability comparative negligence insurance agent negligence Crystal Lake pedestrian accident lawyer Illinois traffic accident lawyer Arlington Heights estate planning attorney pizza emoji Jay Andrew Palatine trusts lawyer Des Plaines criminal attorney Inverness elder law lawyer estate planning trusts employment attorney Illinois trusts attorney dog bites Chicago trucking accident attorney Policy Cancellation Illinois injury lawyer Illinois workers compensation lawyer Retaliatory Discharge Palatine civil litigation lawyer Illinois driving without license Palatine traffic accidents Schaumburg construction accident lawyer problem employees slip and fall accidents Illinois DUI attorney Arlington Heights medical malpractice lawyer homestead rights Arlington Heights traffic attorney Exclusions Crystal Lake business law attorneys operating agreements Palatine construction attorney wrongful termination insurance negligence caretaker rights Illinois insurance disputes Arlington Heights Traffic Lawyer Long Grove wills and trusts attorneys insurance claim dispute attorney fees Rolling Meadows insurance dispute lawyers boating under the influence Rolling Meadows Employment Discrimination Law personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Barrington injury attorney Des Plaines claims law firm Palatine corporate attorney Des Plaines collections attorney Whistleblower Claims Affordable Care Act job lawyers insurance claim denial Rolling Meadows Traffic Lawyer Illinois Trust Code Inverness insurance attorney employee discrimination estate plan Barrington boating accident attorney irrevocable trust Crystal Lake medical malpractice law firm Inverness estate planning lawyer truck collisions PTSD Deer Park criminal attorney advance healthcare directive Chicago corporate attorney drug possession Palatine probate lawyer estate planning attorney fiduciary rule bicycle accidents Crystal Lake personal injury attorney workplace sexual harassment ObamaCare Schaumburg criminal attorney construction accidents Crystal Lake traffic attorney insurance claim denials dynasty trusts unpaid assessment Landlord Tenant Ordinance child safety Illinois corporate lawyer first degree murder cell phone filing a medical malpractice claim Kenilworth estate planning attorney traffic accidents Chicago insurance law firm jet ski accidents Illinois traffic attorney Illinois Human Rights Act right to work Arlington Heights pedestrian accidents underfunded trust bike accident DUI defense deed transfer employment law, Illinois employment laws Crystal Lake employment law attorney IRELA trustee real estate pay when paid contract Liquor Control Act Illinois employment lawyer cell phone tower data Schaumburg personal injury lawyers Rolling Meadows personal injury lawyer dram shop law Illinois estate planning attorney mortgage medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers probate claims Illinois workers compensation attorney Rolling Meadows corporate lawyer car crashes Buffalo Grove law firm healthcare Illinois car accident attorney Illinois estate planning Palatine real estate lawyer mass shooting Palatine employment law lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, personal injury insurance dispute Crystal Lake criminal defense attorney Crystal Lake car accident attorney probate lawyer llinois Real Estate Lawyers Association car collision DUI penalities Chicago estate planning Illinois personal injury Illinois small business civil litigation Food and Drug Administration's Food Safety Modernization Act insurance adjusters natural gas explosion murder charges trauma after an accident Self-Directed IRA Accounts Arlington Heights accident attorney Mount Prospect wills and trusts lawyers denial of life insurance Illinois Probate Act of 1975 Illinois employee rights attorney. Crystal Lake law firm Schaumburg injury lawyer civil litigation attorney Illinois mortgages Rolling Meadows business lawyer Deer Park real estate law firm Rolling Meadows estate planning attorney Buffalo Grove traffic lawyers Crystal Lake personal injury lawyer Barrington personal injury attorney power of attorney Arlington Heights Attorney Mt Prospect Attorney college kids whistleblower protections foreclosed rental property South Barrington real estate attorney insurance denials Illinois construction accident attorney Rolling Meadows employment attorney Schaumburg estate attorney eluding a police officer Barrington personal injury lawyer Illinois lawyer Deer Park employment law attorney commercial leasing Thanksgiving Schaumburg Home Sale Contingencies spinal cord injury Rolling Meadows personal injury lawyers Arlington Heights personal injury attorney uninsured motorist brain injury Illinois insurance attorney Schaumburg employment law attorneys creditors Rolling Meadows employment law attorney owner responsibility estate attorney preventable medical errors DGAA breathalyzer test Illinois red light cameras Illinois attorney suspended license Deer Park traffic lawyer special needs trust Illinois personal injury lawyers Buffalo Grove personal injury lawyer trucking accidents revenge porn Detainer Actions Illinois home inspection medication errors manufacturing subcontractor Des Plaines accident attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Barrington employment law firm probate process traffic tickets Illinois wills and trusts attorneys Illinois tax attorney life insurance lawyer Do Not Resuscitate Crystal Lake car accident lawyer Forcible Entry Illinois traffic ticket lawyer overtime pay Illinois civil litigation lawyer Rolling Meadows traffic attorney hands free device Illinois insurance claim dispute lawyers wills sole proprietorship car accident lawyer Palatine law firm insurance claim Illinois criminal defense attorney jet ski Rolling Meadows employment law attorneys living trust vs will personal injury lawyer vacation home fines pedestrian accident Palatine employment lawyer rest breaks Des Plaines medical malpractice attorney preventing accidents Des Plaines Traffic Lawyer head on collisions Rolling Meadows drug defense attorney Schaumburg real estate lawyer personal injury attorney financial advisors traffic violations defense Schaumburg drug defense lawyer Buffalo Grove corporate attorney comp time speeding condo Rolling Meadows insurance dispute lawyers, insurance dispute life insurance real estate zoning insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys wage theft Barrington litigation attorney clemency controlled substance texting while driving Deer Park personal injury lawyer Rolling Meadows criminal attorney Des Plaines personal injury lawyers home inspection lawyer Illinois motorcycle accident lawyer Inverness injury lawyer POA medical malpractice compensation Crystal lake insurance dispute attorney overtime violations Illinois insurance dispute lawyers insurance claim dispute attorney foreclosure crossover accidents car accident lawyers automated cars Fair Labor Standards Act real estate contract license suspension Illinois workplace discrimination attorney Des Plaines tax law firm motorcycle accident lawyer appealing an insurance claim fiduciary rule delay digital assets Barrington estate planning lawyer Arlington Heights injury attorney personal injury accidents Palatine employment attorney Illinois Sales Representative Act anesthesia errors personal injury claim Inverness accident lawyer Rolling Meadows tax attorney Schaumburg estate planning lawyer expungement CAM Illinois insurance claims lawyers Schaumburg medical malpractice lawyer license reinstatement pet bites Rolling Meadows real estate attorney Illinois defective products attorney privacy laws Inverness corporate attorney Illinois pet lawyer Colin Gilbert medical malpractice Illinois employment law Barrington drug crime attorney Buffalo Grove real estate attorney Buffalo Grove criminal defense lawyer Palatine estate planning lawyer federal regulations for LLCs Crystal Lake injury attorney Des Plaines DUI attorney Des Plaines motorcycle accident attorney drug crimes compensatory time DUI rollover accidents coronavirus pedestrian injuries, pedestrian fatality Kenilworth estate planning lawyer estate planning lawyer Illinois business lawyer Chicago lawyer Illinois insurance claim dispute lawyer estate tax Chicago employment attorney employee misclassification corporate law criminal

Archive