Illinois Truck Accident Lawyer Blog

Earlier today, the Belleville News Democrat Online posted a report detailing a particularly devastating Illinois trucking accident that resulted in three individuals sustaining severe personal injury. According to the news report, the accident transpired when the 21 year-old driver of a passenger vehicle collided into the rear end of a large semi tractor-trailer while traveling southbound on Interstate 255 near Dupo, Illinois. The passenger vehicle driver, as well as, his two passengers all required advanced medical attention for the severe injuries they sustained in the crash that caused the vehicle to become smashed beneath the large commercial vehicle.

According to Illinois authorities, the driver of the semi truck informed police that he was on the right shoulder of Interstate 255 and was using the shoulder to gain speed to merge into traffic on the interstate highway when he was rear-ended by the passenger vehicle. In the passenger vehicle driver’s statement to authorities, he revealed that he was unable to remember if he was traveling in the center lane or right lane before he struck the commercial vehicle. The motor vehicle driver admitted that he looked down at the radio seconds before the tragic collision and did not recall seeing the truck before the crash.

Our Illinois truck accident attorneys learned that a witness at the accident scene told police that he observed the 21 year-old driver pass his vehicle in the right lane when he witnessed the semi truck using the shoulder of the interstate to gain speed before merging with traffic. The witness revealed that the truck had merged into the right lane of the roadway for at least seven second before the passenger vehicle collided into the large commercial vehicle. Subsequently, as a result of the accident in which three individuals sustained substantial serious injuries, the driver of the motor vehicle has received a citation for failure to reduce speed to avoid an accident.

While our Illinois truck accident blog frequently discusses the tragic consequences that often result from semi truck collisions caused by truck driver error, many times drivers of passenger vehicles are found to be responsible for these devastating collisions involving large commercial vehicles that often weigh upwards of 80,000 pounds. Our Chicago truck accident attorneys continue to urge readers to exercise safe driving habits each and every time a motor vehicle is operated in order to help reduce and eventually eliminate the injuries and fatalities associated with motor vehicle accidents.

Earlier this week, American.com released an opinion article which detailed the frequently discussed topic of distracted driving. In an area which affects both the truck industry, as well as, the general public, the subject of driving while talking or texting on a cellular phone has been subjected to various laws enacted by numerous states. In one of our previous posts, our Illinois truck accident blog discussed the recent announcement that was made by the National Traffic Safety Board which recommended that all states ban drivers from using a portable electronic device while operating a motor vehicle. Despite this recommendation, there is no state that currently bans the use of hands-free telecommunication devices for drivers.

Although there is no outright ban of cellular telephone use for drivers, numerous states have enacted several pieces of legislation which regulates electronic communication use. According to the Governors Highway Traffic Association, 35 states currently ban texting while driving, all the while nine states forbid hand-held cell phone use by drivers of motor vehicles and 30 states prohibit all cellular communication for new drivers. When it comes to regulating such a substantial issue that affects nearly all drivers, any Chicago truck accident lawyer will tell you that it is important to look at the numerous studies that have been conducted to determine the risks associated with cellular device use and driving.

In July 2009, a study was conducted by the Virginia Tech Transportation Institute which revealed that texting while driving increases the probability of a motor vehicle accident by 20 times while dialing a cellular telephone increases the risk of a collision by 2.8 times. Overall, the study concluded that the most consequential factor in determining the likelihood of a motor vehicle accident is whether or not the operator of the vehicle keeps their eyes on the road. Similar statistics were gathered by the National Highway Traffic Safety Administration in 2010 where it was revealed that of the 32,800 motor vehicle fatalities reported that year, over 3,000 were attributed to driver distraction. The study labeled driver distraction as: driver cell phone use, texting while driving, eating, drinking, using in-vehicle technology, as well as, conversing with passengers.

Unfortunately, our Chicago truck accident attorneys learned that although numerous states have enacted legislation which bans texting while driving, the issue of comparing cell phone use to texting as a primary source of driver distraction is limited given that there is no empirical evidence to support this claim. Currently, federal regulatory agencies lump the two categories together making it impossible to distinguish accident statistics between the two. The news article points out that the sooner nationwide legislation is enacted to prevent dangerous driving habits, the sooner our roads will become a much safer place to travel.

Yesterday, a Chicago truck accident lawyer at our firm read a news report detailing the criminal charges a large commercial vehicle driver faces for possession of drugs and operating while intoxicated over the past weekend. According to an article posted on YourHoustonNews.com, local authorities initially pulled the truck driver over after he was seen driving erratically down a city street. Despite multiple attempts by the police to pull over the driver, the vehicle kept weaving and refrained from pulling over for more than three blocks.

Upon stopping the semi tractor-trailer, it was reported that the semi truck driver struggled when exiting the commercial vehicle and ultimately fell out of the truck’s cab. Upon a brief investigation and an apparent strong odor of alcohol being emitted from the driver, he was arrested for suspicion of driving while intoxicated. It was later revealed after administering a blood alcohol test that the truck driver had a blood alcohol level of .163 – more than twice the legal limit.

Our Chicago trucking accident attorneys learned that an additional investigation in the driver’s truck was conducted where it was revealed that the truck driver had a large clear plastic bag containing multiple pills. The authorities currently believe the pills to be Ambien, Xanax, as well as, Dicyclomine Hydrochloride. The truck driver now faces misdemeanor charges of DWI, possession of a controlled substance, in addition to, three misdemeanor counts of possession of a dangerous drug. The truck driver is currently being held on bonds totaling $25,000.

Although no individuals were injured as a result of the semi truck driver’s intoxicated operation, often times when a large commercial vehicle driver operates in a manner that deviates from the laws mandated by both federal and state governments, the results are often devastating and fatal. Recently, our Chicago accident attorneys settled a case involving an Illinois trucking accident where illegal substances played a primary role in a fatal accident.

In a case where it was revealed that a semi truck driver was operating under the influence of marijuana, as well as, an overloaded tractor-trailer – our attorneys obtained a $6.5 million settlement on behalf of a Huntley family whose passenger vehicle was struck by the commercial vehicle driver. The accident fatally injured a 32 year-old woman and caused substantial personal injury to her husband and son. The driver’s trucking carrier was also found negligent by violating federal regulations which mandate that truck owners administer drug-screenings, as well as, background checks on all their drivers.

The National Highway Traffic Safety Administration recently released a report which revealed that traffic-related fatalities for the first half of 2011 have decreased overall by 1 percent. According to a news article published earlier today by DetriotNews.com, the slight decrease has been attributed to the notion that many Americans are driving considerably less than in previous years. However, although Americans are driving less, the rate of deaths per mile traveled has seen a slight increase. A Chicago truck accident attorney at our firm learned that the fatality rate for the first half of 2011 was 1.04 fatalities per 100 million vehicle miles traveled, up from the 1.03 fatalities per 100 million miles traveled during the first six months of 2010.

Within the last month, the Department of Transportation has published its final traffic numbers for 2010. The statistics reveal that the number of individuals killed on our nation’s roadways fell 2.9 percent to 32,885 in 2010. These numbers are the lowest number of traffic-related deaths since 1949. The National Highway Traffic Safety Administration projects that traffic-related fatalities from January through June 2011 fell 0.9 percent to 15,060 – down from the 15,196 fatalities that were documented for the first half of 2010. The Secretary of the Department of Transportation believes that this decrease is due to safe driving practices that have been established for all drivers, including buckling up and refraining from operating while intoxicated.

Every Chicago accident lawyer at Levin & Perconti is pleased to learn that the number of traffic-related fatalities has seen an overall decrease in the recent years. Despite reports from the National Highway Traffic Safety Administration which reveal that the number of individuals injured in traffic accidents increased by 26,000 to 2.25 million in 2010, in addition to, an 11,000 increase to the number of pedestrians injured in traffic accidents, the overall decrease in fatalities is encouraging news. Often times, the most effective way to avoid a motor vehicle accident, including an Illinois trucking accident, is to remain attentive and adhere to traffic laws. Injuries sustained in motor vehicle collisions can be minimized or even eliminated when drivers exercise extreme caution during vehicle operation, especially during these difficult winter months.

If you have been injured in a motor vehicle accident, it is important to act quickly. Please contact our experienced Chicago accident lawyers for a free consultation to determine what legal rights may be available to you.

After a fatal trucking accident took the life of their daughter, the family of the accident victim has filed a lawsuit against numerous construction and trucking companies for their alleged role in the accident. According to a news report released earlier today on The Sacramento Bee Online, the fatal accident transpired in January of last year when the 35 year-old accident victim was crossing a pedestrian walkway only a block away from her home. The woman was walking across the cross walk when she was struck by a 21,000 pound dump truck. The devastatingly tragic accident continued as the woman was fatally severed in half upon collision and subsequently dragged by the dump truck.

In addition to the recently filed lawsuit alleging negligence and recklessness, our Chicago accident attorneys learned that the dump truck driver was arrested at the scene of the fatal accident and charged with multiple counts, including: failure to yield the right of way to a pedestrian in a crosswalk, as well as, driving with a suspended license. At the root of this tragic accident, the case raises serious concerns about the construction that was being conducted at the scene of the collision. According to the news report, the contractors are believed to have been cutting corners and regularly comprising the safely of the public and the roadway.

The complaint in this accident lawsuit alleges that the dump truck was being operated and controlled in an improper, reckless, and unskillful manner by an individual was a deficient driving record and in a manner that did not follow that driving route and other safety requirements that had been implemented by the contractors of the roadway. In order to save time and money, it is alleged that the dump truck driver and others working on the construction project had been permitting shorter, yet more dangerous routes for drivers to operate. An additional aspect of the lawsuit reveals that all of the defendants, both construction and trucking companies, were aware that dump trucks hauling excavated material from the construction zone were not adhering to the designated truck routes.

When these types of devastating accidents occur, it is important to have the utmost legal experts on your side. If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of negligent driver, please contact our accident lawyers in Chicago to see what legal rights, representation and relief may be available to you.

Our Chicago truck accident attorneys recently read a news report posted on STLToday.com containing an interview with a veteran truck driver who discussed the various aspects of the trucking industry, including the most problematic – sharing the road with passenger vehicles. The 51 year-old large commercial vehicle driver, who frequently transports cargos of gasoline, reveals many of the problems he faces each day on the road and shares what motorists can do in order to participate in safe travel on our nation’s roadways.

In a question and answer-type interview, the trucker discloses that the most dangerous thing a passenger vehicle driver can do while traveling around a large commercial vehicle is to cut off a semi truck. Given that commercial vehicles take considerably longer to brake, it is extremely hazardous to cut off a truck. The semi truck driver encourages motorists to learn the dangers associated with driving a large tractor-trailer and to avoid tailgating and cutting off the vehicle at all costs. Often times, these large trucks are traveling slower because they are transportation very large and very heavy cargos, in addition to, ensuring that safety is a top priority.

However, the tractor-trailer driver admits that in addition to questionable driving behavior of passenger vehicle drivers, truck drivers are often guilty to dangerous driving behavior. The trucker reveals that there are a number of semi truck drivers on our roadways who are not very good drivers and should not even be operating on the roads.

Our Chicago truck accident lawyers learned that the semi truck driver recommends the following safety precautions for smaller passenger vehicles when traveling near or around large commercial vehicles:
- Stay out of a semi truck’s blind spot
- Refrain from staying around a truck – if you’re going to pass a truck, pass and go
- Never tailgate
- Always watch a truck’s signals to make sure of their intentions

Our Illinois truck accident attorneys continue to urge our readers to drive carefully around large commercial vehicles. Collisions involving large commercial vehicles, whether through the fault of the passenger vehicle driver or a semi truck driver, can cause substantial property damage, personal injury, or even death. If you or a loved one has been involved in any type of motor vehicle accident, including an Illinois trucking accident, please contact our experienced accident attorneys for a free consultation to determine what legal rights and relief may be available to you.

Late Friday evening, a fatal Illinois trucking accident occurred on Interstate 64 in southern Illinois, resulting in one death and five injuries. According to the news report, the interstate highway was particularly icy yesterday evening, causing a substantial threat to the roadways. The three-car accident transpired when a semi tractor-trailer struck a passenger vehicle – subsequently killing a backseat passenger of the motor vehicle and sending the car’s driver and three other passengers to the hospital for non-life threatening injuries. An additional passenger vehicle was also involved and injured in the trucking collision. The semi truck driver remained uninjured in the accident. Local authorities are attributing the crash to the severe weather and no citations have been issued as of press time.

Illinois winter weather often causes an increasing number of motor vehicle accidents, particularly Illinois trucking accidents. Under current trucking rules and regulations, semi truck drivers are required to change their driving habits in order to adapt with weather and roadway conditions. However, a number of drivers continue to operate in a careless manner, even on snowy and icy interstate highways. According to the Federal Motor Carrier Safety Administration, truck accidents have continued on the rise in the past few years. In 2010, there were over 500,000 trucking accidents that resulted in serious injury, while 5,000 resulted in fatality.

Each and every year, our experienced accident lawyers in Chicago provide legal representation to the victims of any and all types of motor vehicle accidents, including Illinois trucking accidents. Our attorneys recently obtained a $6.5 million settlement on behalf of a Huntley, Illinois family who sustained a particularly devastating loss and substantial injuries as the direct result of a negligent semi truck driver. During the crash investigation, it was revealed that in addition to the semi truck driver’s excessive speed, the driver was also under the influence of marijuana and operating an overloaded trailer at the time of the fatal accident.

If you or a loved one has been involved in a collision involving a large commercial vehicle, it is extremely important to have knowledgeable legal professionals working on your case. Our Chicago trucking accident lawyers will help evaluate your case and determine the best course of civil legal action. Personal injuries or wrongful death claims often cause substantial hardship and our Illinois truck accident attorneys ensure that our clients obtain the maximum compensation for damages incurred as the result of a semi truck collision, as well as, hold the wrongdoer accountable for their negligent conduct.

Earlier today, HuffingtonPost.com released a news report which detailed the enactment of several new rules pertaining to commercial vehicle drivers. After completing numerous public listening sessions, the Federal Motor Carrier Safety Administration has decided to reduce the hours of service a large commercial vehicle driver is legally permitted to operate in a seven day work period from 82 hours to 70 hours. Our Chicago truck accident attorneys learned that the implementation of these new rules comes in light of numerous government agencies overall goal to ensure that truck drivers get enough rest in order to safely operate.

A Chicago truck accident lawyer at our firm read that the Federal Motor Carrier Safety Administration Administrator released a statement which reveals that this final rule is the culmination of the most extensive and transparent public outreach effort in the agency’s history. It was additionally revealed that the Federal Motor Carrier Safety Administration encompassed many resources, including input from the trucking community, as well as, the latest scientific research to create a rule which recognizes that when commercial vehicle drivers are adequately rested and alert, the safety of our roadways substantially increases.

Additional aspects of the rule require that semi truck drivers must take a break of at least 30 minutes after working eight hours straight. Drivers are also permitted to take 30 minute breaks anytime they need to during the first eight hours of driving. The Federal Motor Carrier Safety Administration’s rule states that drivers can drive up to 11 hours per day, such as the previous rule permitted, although the agency will continue to thoroughly research the dangers of the 11 hour per day rule before a change will be implemented in that aspect. Drivers and trucking carriers found in violation of these new rules will be subjected to financial repercussions.

Each Chicago accident attorney at our firm commends the efforts of the Federal Motor Carrier Safety Administration to help make our roadways substantially safer against devastating semi truck accidents. With fatigued semi truck driving plaguing our roadways and causing an estimated 755 fatalities, as well as, 19,700 injuries each year – according to the FMCSA – new rules and regulations must be enacted to help save lives on our nation’s roadways. If you or someone you know has been involved in any type of motor vehicle accident, please contact our Chicago trucking accident attorneys. Our attorneys will provide a free consultation to help determine what legal rights may be available to you.

With just a month shy before its trial date, a tractor-trailer accident lawsuit has been settled for an undisclosed amount, according to a report posted on BillingsGazette.com. A Chicago accident lawyer at our firm recently read the news report which detailed the fatal accident and its subsequent settlement. The accident initially transpired on the early morning of December 5, 2009.

According to the lawsuit, the semi truck driver had been operating for over 11 straight hours when the driver lost control of his commercial vehicle. The truck consequentially rolled over on its side, causing the commercial vehicle to partially block the northbound lanes of the interstate highway.

According to local authorities, the semi truck driver told police that he lost control of his vehicle when he attempted to veer in order to avoid striking a deer. Our Chicago truck accident lawyers learned that post-collision, state troopers surveyed the area and were unable to find any animal tracks in the snow. Shortly after the overturn of the semi truck, a charter bus collided into the commercial vehicle.

The 61-year-old charter bus driver was killed instantly and over 28 passengers of the bus required advanced medical attention for broken bones and lacerations. The widow of the bus driver filed the truck accident lawsuit alleging that the semi truck driver failed to use flares or emergency triangles to alert drivers that his commercial vehicle was blocking the roadway.

Additional aspects of the lawsuit named the semi truck driver’s trucking carrier as a defendant. It was alleged that the trucking carrier hired the semi truck driver under the knowledge that the driver had previously obtained multiple traffic citations in his past. In addition to the settlement of the lawsuit that stems from the death of the charter bus driver, subsequent lawsuits have also been filed on behalf of the passengers of the bus.

The passengers of the charter bus assert that the 61 year-old bus driver contributed to the horrific collision because the bus driver was driving too fast for roadway conditions and appeared distracted during vehicle operation. Our Illinois accident attorneys learned that one passenger of the charter bus even approached the bus driver with his concerns over unsafe vehicle operation, but was told to return to his seat of get kicked off the bus.

Given the severe nature of Illinois trucking accidents, it is important to obtain knowledgeable and experienced legal aid if you have been injured in an accident or have lost a loved one at the hands of a negligent driver. Please contact our attorneys at Levin & Perconti for a free consultation to help determine what legal rights may be available to you.

Our Chicago trucking accident lawyers recently read a news report posted on MLive.com detailing a semi tractor-trailer accident which shut down an interstate highway for several hours. According to local authorities, the trucking accident transpired when the large commercial vehicle lost control on the snow and ice covered roadway. The truck subsequently jackknifed, causing the vehicle’s trailer to collide into the truck’s cab. The collision caused the truck’s fuel line to begin expelling its contents and the large commercial vehicle ultimately became stuck into the highway’s median. The highway remained closed for over 5 hours while highway work crews cleaned up the scene. Fortunately, no one was injured as a result of the accident. The driver of the semi truck received a citation for driving too fast for conditions.

A jackknife accident is a type of large commercial vehicle accident that commonly transpires and often results in substantial damage and harm. A jackknife occurs when a semi truck comes to a sudden stop and the cab of the commercial vehicle continues the forward momentum. This ultimately causes the truck’s cab to move horizontally across the roadway. This can be especially dangerous given that many large commercial vehicles may weigh up to 80,000 pounds. According to a study conducted by the National Highway Traffic Safety Administration, approximately 10% of large commercial vehicle occupant fatalities are attributed to a jackknife-style type of accident. Additional research revealed that the likelihood of a jackknife fatality substantially increases when there is a speed limit of 55 or above, questionable weather conditions, and/or a curved road.

More often than not, there are some motor vehicle accidents that cannot be avoided. One the other hand, when someone is seriously or fatally injured in an accident caused by careless driving, the driver should be held legally liable for any damages that subsequently result. Large commercial vehicle drivers are required to adhere to a standard of care that requires them to operate their vehicles safely in order to avoid accidents. When that standard of care is violated by a factor such as driving too fast for conditions and an accident ensues, the driver and their trucking company may be held liable for negligence if the victim sustains injury. If a death results at the hands of a careless or negligent driver, a wrongful death lawsuit may be filed against the truck driver, as well as, his/her trucking carrier. If you have been involved in an Illinois trucking accident, please contact our Chicago accident lawyers for a free consultation to see what legal rights may be available to you.

Within the upcoming months, Congress will be conducting debates over the various areas of transportation. A Chicago truck accident lawyer at our firm read an article posted on NLC.org which detailed that one of the most highly debated topics will involve the discussion of national truck weight limits. Under the current weight limits that were implemented in 1991, a large commercial vehicle is restricted to an 80,000 pound weight limit on all interstate highways. In the past several years, lawmakers have introduced legislation that would preserve the current maximum weight limit much to the dismay of numerous naysayers who advocate for heavier trucks.

Critics of the 80,000 weight limit argue that by allowing heavier trucks would ultimately mean fewer large commercial vehicles to move the same amount of products and goods. Therefore, they argue, that fewer trucks on our nation’s roadways would increase the overall highway safety. On the other hand, there are an overabundance of individuals and lawmakers who are strongly against the increase in large truck weight limits. Those who oppose an increase in weight restrictions argue that heavier commercial vehicles are extremely difficult to control and stop.

Additional criticisms of heavier trucks concern the immense amount of damage that a large commercial vehicle has on our nation’s roadways and bridges. Our Chicago truck accident attorneys read that an estimated 23,550 of the 116,523 bridges on the National Highway System are rated as structurally deficient or functionally obsolete, according to the United States Department of Transportation’s Federal Highway Administration. In response to the immense need to save our roadways from continued damage, a bill titled The Safe Highway and Infrastructure Preservation Act, had been proposed by both the House and the Senate.

The Safe Highway and Infrastructure Preservation Act cites a study that was conducted in Illinois which revealed that by raising a large trucks weight limit from the current 80,000 pounds to the proposed 97,000 pounds would ultimately cause an overall $162 million in damages to highways … in addition to the current wear and tear on roadways and bridges. Our Illinois accident attorneys read that subsequent legislation has been proposed by those for the in favor of the increased weight limit. The bill would allow for trucks weighing up to 97,000 pounds to operate on federal highways, as well as, give states across the country the option to increase their weight limits if they deem it appropriate or necessary.

The driver of a semi tractor-trailer who caused a fatal trucking accident earlier this week is faced with preliminary charges of driving while intoxicated causing a serious bodily injury, according to TheStarPress.com. According to the news report, the accident transpired when the 52 year-old semi truck driver, hauling a cargo of grain, collided into a pickup truck being driven by an 82 year-old man along an interstate highway. The driver of the pickup truck required advanced medical attention and had to be flown by medical helicopter to an area hospital. He remains in an intensive care unit for injuries sustained but it believed to be in stable condition.

Our Chicago truck accident attorneys read that witnesses saw the semi truck driver enter the roadway’s intersection, blowing through a red light, before colliding into the accident victim’s vehicle. Crash scene investigators revealed that they found no evidence that the truck driver made any attempt to apply his brakes or maneuver to avoid hitting the pickup truck. According to the police report, a blood test further revealed that the truck driver had meth, marijuana, as well as, amphetamines in his system prior to the accident. It was later discovered that the truck driver had a tube containing meth in his shirt pocket; a pipe and a plastic bag both containing marijuana found in a nearby field, as well as, a plastic container containing more meth in a nearby parking lot.

A witness at the scene told authorities that he witnessed the truck driver walking into a field prior to the devastating accident and “throwing items” which was later revealed to be various amounts and types of illegal substances. The truck driver has been preliminarily charged with driving while intoxicated causing serious bodily injury, a violation with is deemed a Class D felony. The charge may ultimately carry a standard 18-month prison term. The driver is currently being held in jail under a $5,000 bound. The 52 year-old is also expected to face additional drug-related charges.

Our Chicago trucking accident lawyers share widespread knowledge when handling civil cases involving Illinois trucking accidents in which marijuana or other drug use played a contributing factor in a devastating accident. Recently, we obtained a $6.5 million settlement on behalf of an Illinois family who sustained severe injury and loss as the hands of a negligent semi truck driver. During the investigation process, it was discovered that at the time of the accident, the semi truck driver was under the influence of marijuana, as well as, operating an overloaded tractor-trailer.