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.



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


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