DGAA bLAWg

Accidents Involving Large Trucks

Web Admin - Thursday, February 04, 2016

accidents involving large trucks, Illinois Personal Injury AttorneyFor many reasons, accidents involving very large trucks, such as semi-trailers or 18-wheelers, are unique. To begin, these accidents have a higher chance of serious injury when passenger vehicles are involved, which can lead to very important personal injury claims. Further, passenger vehicles are usually completely destroyed when hit by a semi-trailer. These accidents are also unique because there are special federal laws regulating the trucking industry. 

Serious Accidents 

A semi-trailer truck pulls one or more detachable trailers and are used to transport various goods and equipment. It is common for drivers of these trucks to travel great distances. As a result, along with the fact that accidents involving these trucks are so dangerous, the trucking industry is regulated by both state and federal law. 

Under the regulations of the Federal Motor Carrier Safety Administration, a driver of a commercial motor vehicle (such as a semi-trailer truck) is not permitted to drive when his or her ability to drive is impaired due to fatigue or illness to such an extent that it is unsafe to drive. Further, drivers can only be on the road for a limited number of hours. For example, an individual driving a truck carrying property can only drive a maximum of 11 hours after he or she has been off-duty for at least 10 consecutive hours. Some of the other issues that truck regulation addresses include retention of the driving log, the size and weight of the vehicle, and required maintenance of the truck. 

Despite the regulations placed on the trucking industry, accidents still occur. Some of the more common reasons why accidents occur are because the driver is under a tight deadline, the driver deprived of sleep, or the driver is distracted due to using a cellular phone or other device. When these accidents occur, there are many individuals or entities that potentially can be held liable and include the following: 

1. The driver;

2. Trucking company;

3. Owner of the truck;

4. Truck manufacturer; and

5. Parties responsible for inspection or maintenance. 

While the number of potential responsible parties may increase the chance of a successful claim by the plaintiff, it also introduces a greater level of complexity than accidents involving passenger vehicles. Another issue when making a claim for a truck accident is dealing with the truck company’s insurance claims adjuster. The levels of insurance that truck companies must carry are quite often significantly higher than what a driver of a passenger vehicle must carry. As a result, claims adjusters will work very hard to limit the liability of the company. 

Help for Victims 

If you have been injured in an accident involving a large truck or commercial vehicle, it is likely that you have significant medical costs. For more information related to the development of a claim against those responsible for your accident, please reach out to a skilled Illinois personal injury attorney today. Our firm provides help for individuals in the communities of Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park. 

Ken ApicellaAbout 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.


Source: 

https://www.fmcsa.dot.gov/regulations/title49/section/392.3


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

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

Archive