Naperville Truck Accident Lawyers
If you suffered injuries or your loved one was killed in a commercial truck accident in Illinois, you may be entitled to substantial compensation.
Since truck accidents usually involve multiple parties including drivers, trucking companies, and their teams of attorneys, however, and FMCSA regulations must be considered, obtaining a fair settlement that covers all of your losses can be difficult.
You need an experienced Naperville truck accident lawyer you can trust to protect your rights. You need an attorney who’s not afraid to stand up to large trucking companies, faceless insurers, and their teams of defense attorneys. You need Chute, O’Malley, Knobloch & Turcy on your side.
- Se Habla Español
- 50+ Years of Combined Experience
- Risk-Free Consultations
- Millions Recovered for Injury Victims
How Can Our Truck Accident Attorneys Help You?
If you were injured in a truck accident, chances are good that the insurance company, and most likely the trucking company, have already contacted you about the crash. It’s crucial to remember that these entities are not on your side. Their primary goal is to minimize their financial liability. This is where our experienced truck accident attorneys can step in to protect your rights and interests.
Investigating the Accident
Our attorneys will conduct a thorough investigation of your accident. This includes:
- Gathering and preserving evidence from the crash site
- Obtaining and analyzing the truck’s black box data
- Reviewing the truck driver’s logs and employment history
- Examining maintenance records of the truck
- Interviewing witnesses and experts
We will use this evidence to create a strong foundation for your truck accident case.
Negotiating With Insurance Companies
Insurance companies often try to settle quickly and for as little as possible. Our attorneys:
- Handle all communications with insurance adjusters
- Evaluate any settlement offers to ensure they’re fair
- Negotiate with the insurance company and the defense attorneys to maximize your compensation
- Protect you from unscrupulous tactics that are designed to undervalue your claim
We have over 50 years of combined experience dealing with insurance companies, and our accident lawyers know how to counter their strategies.
Representing You in Court
If a fair settlement cannot be reached, we’re prepared to take your case to trial. Our truck accident attorneys will:
- File all necessary legal documents within required deadlines
- Prepare a compelling case presentation
- Cross-examine witnesses and present expert testimony
- Argue your case persuasively before a judge and jury
Our track record of success in the courtroom speaks for itself, and we will fight to get you the money you need to pay for your medical bills, replace your lost wages, and compensate you for your pain and suffering.
By enlisting the help of our truck accident attorneys, you’re not just hiring legal representation – you’re gaining advocates who will stand by your side throughout the entire process.
Client Testimonials
Everyone was outstanding, great communication and helpful in explaining how this process would work.
I highly recommend Tom and his team.
Mike took care of my case and I’m thankful for all of the help, time, and effort he put forth for me. Any time I had questions, Mike was always there to answer and then answer them again if I needed further clarification. Nobody really wants to be put in this position and dealing with a process like mine, but if you absolutely have to, go with him.
AMAZING! I highly recommend this group. We had quite an unusual case, this group was our only glimmer of hope when our options were limited and no one would accept a complicated case. We worked closely with Colin O’Malley and his team. Words cannot do justice to how wonderful they are; highly competent, professional, very responsive, thorough and friendly. Colin went above and beyond to make himself available and to answer all our questions and concerns. If you need an excellent proficient injury lawyer that would fight for you, look no further!
What You Need to Know About Truck Accident Cases
Nationwide, there were roughly 107,000 truck accidents that caused injuries in 2020. Approximately 9,966 of those crashes happened in Illinois. According to the Federal Motor Carrier Safety Administration (FMCSA), nearly 5,000 large commercial trucks were involved in fatality accidents that year, with 117 fatality accidents in Illinois alone.
Despite strict regulations and numerous campaigns to raise awareness, commercial truck accidents continue to leave severe injuries, death, and destruction in their wake.
At Chute, O’Malley, Knobloch & Turcy, we understand the complicated laws and regulations that are involved in truck accident cases and the impact these crashes can have on victims and their families. By filing truck accident claims and lawsuits, and holding negligent truckers and trucking companies liable for the harm they cause, our law firm continues to advocate for injured victims’ rights.
Do You Have a Valid Truck Accident Claim?
To have a valid truck accident claim, you must prove four key elements: duty of care, breach of duty, causation, and damages. If you can demonstrate that the truck driver or company owed you a duty of care, breached that duty, and as a result, caused you harm, you may have a valid claim.
Duty to Exercise Reasonable Care
Truck drivers and trucking companies have a legal obligation to exercise reasonable care while operating on public roads. This duty includes following traffic laws, maintaining their vehicles properly, adhering to hours-of-service regulations, and taking necessary precautions to prevent accidents. As professional drivers, truckers are held to a higher standard of care than ordinary motorists due to the size and potential dangers of their vehicles.
Duty of Care Was Breached
A breach of duty occurs when the truck driver or company fails to meet the standard of care expected of them. Examples of breaches include speeding, distracted driving, driving under the influence, failing to properly secure cargo, or violating federal trucking regulations. To prove a breach, evidence such as police reports, witness statements, or electronic logging device data may be used to demonstrate that the trucker or company acted negligently.
Breach of Duty Caused the Injury30
For a valid claim, you must show that the breach of duty directly caused your injuries. This means establishing a clear link between the truck driver’s or company’s negligent actions and the accident that resulted in your harm. Causation can sometimes be complex, especially in multi-vehicle accidents or when there are contributing factors. Expert testimony and accident reconstruction may be necessary to prove this element of your claim.
Victim Suffered Harm
Finally, you must demonstrate that you suffered actual damages as a result of the accident. These damages can be physical injuries, emotional distress, property damage, lost wages, or other financial losses. It’s crucial to document all your injuries and expenses related to the accident. Medical records, bills, repair estimates, and expert testimony on long-term impacts can all serve as evidence of the harm you’ve endured due to the truck accident.
How Much Is Your Truck Accident Case Worth?
The value of a truck accident case can vary significantly, depending on several factors. While it’s impossible to provide an exact figure without assessing the specifics of your case, understanding the elements that influence case value, like the severity of your injuries, your lost wages, liability for the crash, and the amount of insurance coverage available, can give you a general idea. Consulting with an experienced truck accident attorney at our law firm is the best way to get a more accurate estimate of your case’s worth. We will evaluate all aspects of your situation and fight for maximum compensation on your behalf.
What Are Damages in a Truck Accident Case?
In a truck accident case, damages refer to the monetary compensation awarded to the victim (or the victim’s family in case of wrongful death) for the losses suffered due to the accident. These damages are separated into three categories: economic damages, non-economic damages, and punitive damages. Although economic and non-economic damages are common in cases that involve severe injuries, punitive damages are rare.
Economic Damages
Economic damages are quantifiable financial losses resulting from the accident. These damages are typically easier to calculate and can significantly impact your case’s value. Your attorney will use medical bills, payment receipts, wage and earnings statements, and similar documentation to calculate your economic, or special, damages. You may recover compensation for your:
- Medical Treatments
- Lost Current and Future Wages
- Future Medical Costs
Non-Economic Damages
Non-economic damages are more subjective. While they are harder to quantify, these damages often form a substantial part of truck accident settlements. When calculating these damages, your attorney will consider the ways your accident injuries have impacted your life, and how they’re expected to affect your life in the future. Non-economic, or general, damages include things such as:
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment of Life
Punitive Damages
Punitive damages are only awarded in cases that involve especially egregious behaviors or intentional actions that cause harm to the victim. They are not designed to compensate the injured person for losses they’ve suffered. Instead, they are intended to punish the wrongdoer and help prevent similar behaviors in the future. Awards are, however, paid to the plaintiff. Examples of situations where punitive damages may be warranted include:
- Aggressive Driving Accidents
- Accidents Involving Drugged or Drunk Driving
- Cases Where Distracted Driving Caused the Accident
Can You Sue the Trucking Company for a Drunk Truck Driver ?
More Videos About Truck Accident Cases
What if Both Drivers Contributed to the Truck Accident?
When both drivers contribute to an accident, it can complicate the insurance claim process. In Illinois, if both drivers contributed to a truck accident, the case falls under the state’s modified comparative negligence rule. This law can significantly impact your ability to recover damages and the amount you may receive. Understanding how this rule works is crucial for anyone involved in a truck accident where multiple parties share fault.
Illinois Modified Comparative Negligence Rule.
Illinois follows a “51% rule” for comparative negligence. This means:
- You can recover damages as long as you’re found to be 50% or less at fault for the accident.
- Your compensation will be reduced by your percentage of fault.
- If you’re found to be 51% or more at fault, you cannot recover any damages.
For example, if you’re awarded $100,000 in damages but found to be 30% at fault, your award would be reduced to $70,000.
How Is Fault Determined in Truck Accident Cases?
Insurance companies and courts will consider all available evidence to assign fault percentages to each party involved. Establishing fault percentages in a truck accident case often involves:
- Analyzing police reports
- Gathering witness statements
- Reviewing traffic camera footage
- Examining physical evidence from the accident scene
- Consulting with accident reconstruction experts
In some cases, fault percentages will be assigned to multiple parties, including the passenger car driver, the trucker, the trucking company, and loaders, mechanics, and parts manufacturers.
