Truck companies and their drivers in Illinois are strictly regulated by both federal and state laws. These strict rules and regulations give detailed guidelines on how the trucks should be operated on the roads and how they should be maintained to avoid accidents and ensure maximum safety for everyone on the road.
Because some of these commercial trucks are so big, anytime one loses control owing to speed or a blown tire, the truck becomes a weapon of destruction with worse impact than a regular truck or vehicle. If you were injured in a crash, reach out to a truck accident attorney in Arlington Heights today.
The first question that must be determined before deciding whether you have a case that can be pursued and who was at fault in the truck accident. Illinois is deemed to be a fault state when determining who is to blame. This means the person who is found to have been responsible for causing the accident is liable for damages.
However, Illinois is also known as a comparative negligence state, which basically means the damage award for an accident that causes injury is based on the percentage of fault attributed to each party. If someone trying to sue for damages arising from an accident is found to be more than 50% at fault, then they will not be allowed to sue anyone for damages.
On the other hand, if the person is found to be less than 50% at fault, then they will be allowed to sue, but the damages awarded will be based on the percentage of fault attributed to them. For example, if you are found to be 20% at fault for the accident and the other driver is found to be 80% at fault, then you will be eligible to receive 80% of the total damages you have suffered from the accident.
A claims adjuster from an insurance company for the other driver involved in the accident will likely call you if they haven’t already. It is not a good idea to talk to a claims adjuster before you first talk to a lawyer about the accident. This is because a claims adjuster’s sole mission is to have you agreeing to quickly settle your injury claim for as little money as possible.
The right thing to do, however, is to politely decline to take the call and immediately call a lawyer who will advise and guide you in what you need to do. If you call us, we will not only advise you on what you need to do, but we will also immediately do what is necessary to find and preserve evidence for your case. We will then negotiate the best settlement possible for you or help you take the case if the settlement offer is not good enough.
If you or a loved one has been injured in an accident involving a commercial truck, contact SAM LAW OFFICE LLC today for a free consultation.