Illinois Truck Accident Lawyer Blog

Recently, our Illinois trucking accident attorneys read a report on BangorDailyNews.com that detailed a destructive semi truck accident that took the life of a 5 year old boy. While the accident is currently still under investigation, reports state that the accident occurred as a result of the semi truck driver falling asleep behind the wheel. The 57 year old semi truck driver was hauling a tractor trailer loaded with logs on U.S Route 201 when he fell asleep and struck two utility poles and ultimately crashing into a nearby house. Upon collision with the utility poles, the semi truck’s contents fell onto the house, causing its collapse. The young boy who was killed was sleeping on the couch when the house collapsed. The other five residents of the house were taken to the hospital for their injuries.

Semi driver fatigue has played a reoccurring factor in trucking accidents across the country. Driver fatigue commonly occurs as a result of lack of sleep, lack of quality sleep, prolonged driving, in addition to, lack of breaks. Fatigue ultimately leads to deterioration in driving performance, weakened steering ability, inability to maintain distance with surrounding vehicles, and subsequently the increased inclination to mentally withdraw from the duty of driving -- according to Federal Motor Carrier Safety Administration. Due to the common occurrence of semi truck driving accidents as a result of driver fatigue, the FMCSA regulates drivers with hours of service policies. These regulations limit the amount of hours a semi truck driver is able to operate.

The report does not confirm if whether the driver is currently facing any charges or if the family of the deceased boy is seeking legal action. From our experience as Chicago truck accident attorneys, it appears as though this is a wrongful death lawsuit. Wrongful death cases arise when the wrongful or negligent conduct of others causes a premature death. The family of the deceased may be able to seek damages including: medical, funeral, and burial expenses, as well as, punitive damages that punish the wrongdoer’s negligent behavior.

Our Chicago accident attorneys send our sincere condolences to those who have been negatively affected by such a devastating accident. Truck drivers are held to an increased level of responsibility to the public to maintain the safety of their vehicle. Due to a semi trucks sheer size and weight, a wrong move could prove deadly for the driver or anyone else in its path. When proper trucking regulations are followed, these types of accident can be easily avoided.

Recently, our Illinois trucking accident attorneys read an article in the Belleville News Democrat detailing a destructive five vehicle accident near Granite City that sent two individuals to the hospital. The accident transpired over a semi-truck driver’s failure to reduce speed – ultimately causing a domino-like effect accident. The initial semi-trailer rear ended the semi that was driving ahead of it, subsequently causing the truck to strike two other vehicles and another semi-truck. The driver of the semi-truck that caused the accident was taken to the hospital for severe injuries while the driver of one of the automobile was treated for injuries. Illinois State Police cited the semi driver for failure to reduce speed to avoid an accident.

As mentioned in our previous blog, Illinois Governor Pat Quinn recently signed into effect Senate Bill 1913 which gave truckers in the state of Illinois a unified speed limit of 65 mph on all four lane highways outside of the Chicago area. Unfortunately, even though legislation has been enacted to help prevent these types of accidents – negligent truck drivers continue to fail to adhere to these regulations. Semi-trucks are granted a set speed limit; lower than the limits of passenger automobiles, due to their massive size and weight. Given a semi-trucks sheer size, it takes them substantially longer to brake. Trucking speed limits are put in place to decrease the severity and reoccurrence of trucking related accidents.

The article does not disclose if the victims of this accident are planning to seek legal action. From our experience as Illinois truck accident lawyers, it appears that driver error played a huge role in this accident. Further investigation into the truck driver’s logs could confirm if the driver had been continuously operating – therefore the cause of the crash may have been to drowsy driving. A number of other contributing factors to accidents such as this one may range from: driving while intoxicated, defective trucking equipment, as well as, poor weather or road conditions.

Our Chicago personal injury lawyers share comprehensive knowledge when handling motor vehicle accidents of all types. Victims of these types of accidents may be able to seek legal relief from the damages they have incurred as a result of another’s negligence and carelessness. These damages may include: cost of medical expenses, loss of wages, in addition to, physical and emotional pain. Those who knowingly commit negligent acts should be held legally responsible for the various harms they inflict.

Earlier this week, our Chicago truck accident attorneys read that the governor of Illinois signed into effect new semi-truck laws which simplify previously established laws, according to TruckingInfo.com. One of those bills included Senate Bill 1644, which regulates weight standards for semi-trucks. Previously passed legislation caused much confusion between state and local semi-truck weight limits. The newly passed bill now clarifies the recommended weight standard, as well as, a 400 pound weight grant for trucks fitted with auxiliary power units. Another piece of legislation signed by the Illinois governor includes House Bill 2836. This bill clarifies that the limit placed on a truck’s length will ultimately depend on the size of the truck’s cargo.

Our Illinois truck accident lawyers believe the completion of these bills is a giant step in the right direction in the efforts to make the roadways safer for all vehicles. Overloading semi-trucks has proven to be a grave problem and a common cause of semi-truck and automobile accidents. Dangers that commonly occur as a result of overloaded semi-trailers include: inability to properly brake, debris falling from truck, in addition to, loss of ability to control the semi-truck. Our personal injury lawyers have dealt extensively with cases involving overloaded semi-trucks and their deadly consequences. Recently, we obtained a $6.5 million settlement for a family involved in a trucking accident in Huntley, Illinois; including a Kane County record wrongful death settlement of $4.7 million for the mother who was killed as a result of an overloaded semi-truck’s inability to brake in time to avoid collision.

Our Illinois semi accident attorneys hope that the newly created legislation will provide for a reduction in semi-truck accidents across the state. Too many lives have been lost at the hands of malfunctioning semi-truck equipment or negligent drivers. In many cases, if you or your loved one is involved in accident as the result of operator negligence – you may be able to file suit against the trucker and his or her company. Seeking legal aide will increase your chances of obtaining the maximum recovery possible.

Earlier today, numerous reports surfaced involving the investigation of a semi-truck accident which caused an explosion of the truck’s cargo. The trucking accident occurred as a result of a semi swerving out of its lane – ultimately causing the driver to forcefully over steer the semi-truck to avoid hitting an automobile in the nearby lane. Due to a combination of the driver’s left and right steers to maintain stability, the semi-truck’s cargo detached from the truck -- proceeding to rollover into oncoming traffic. The cargo, which contained over 9,000 gallons of liquefied petroleum gas, escaped from the cargo tank and subsequently ignited. The fire caused substantial injury to both the drivers of the semi-truck and the automobile. Three other passengers sustained injuries as a result of the fire.

At the end of a two-day hearing to determine the cause of the accident, the semi-truck driver was ultimately held responsible. The National Transportation Safety Board determined that the cause of the accident was due to the semi-driver’s “excessive and rapid evasive steering maneuvers.” The Board did affirm that semi-trucks provide little to no lenience in the case of operational errors and that the training the driver received could not have prevented this type of accident. In addition, due to the fact that the driver’s logs were destroyed in the cargo fire, there was no way of determining whether the issue of driver fatigue played a role in the accident.

In light of this destructive semi-truck accident the NTSB has issued 20 new safety recommendations for semi-trucks in order to prevent another accident such as this one from reoccurring. Those recommendations include: implementing a rollover prevention program, development of stability control standards in vehicles that weigh over 10,000 pounds, in addition to, providing new standards for cargo tanks that were previously vulnerable to malfunctions.

Our Chicago truck accident attorneys send our deepest condolences to those affected by such a devastating accident. We applaud the efforts of NTSB to improve conditions of semi-trucks in order to prevent the repetition of this type of accident. Semi drivers need to adhere to the utmost care when operating such large vehicles and carelessness or negligence should never be tolerated. If you or someone you know has been seriously injured as a result of a negligent semi-truck accident, you may be able to seek compensation for the damages sustained.

Chicago truck accident lawyers applaud the efforts of several groups and individuals, including Senator Frank R. Lautenberg, the Federal Motor Carrier Safety Administration, and Dan England of the American Trucking Associations, to improve commercial vehicle safety for commercial and public drivers. According to TheTrucker.com, Senator Frank R. Lautenberg of New Jersey is leading the way to reform the trucking industry. Due to the recent surge in bus accidents and truck-related highway fatalities, the senator reported to Trucker.com that he will introduce a bill that will be a part of a larger transportation reauthorization package currently being developed in the House and the Senate. According to the senator, his bill will give the government the tools to “kick unsafe drivers and carriers out of the industry.” The bill requires drivers have more training before receiving a license to drive a truck or bus. Furthermore, on the business’ end, trucking companies would be obligated to demonstrate that their drivers know the rules before driving. To aid and take better care of their drivers, companies would be required to monitor their drivers through electronic onboard recorders (EOBRs). EOBRs help to manage the amount of time drivers spend on duty to ensure that drivers are alert. The senator’s bill is expected to be heard on Thursday.

While the senator focuses on drivers, the Federal Motor Carrier Safety Administration (FMCA) is advocating for more technical assistance. The FMCA employs only 1,100 individuals to oversee more than 500 thousand trucking companies and 5 million trucking drivers. The FCMA would like more focus on those carriers that are high risk for accidents. A carrier is considered high risk if it is one of the 10% that are involved in more than 40% of serious crashes. Although the agency has improved the industry through regulations since its start 11 years ago, statutory gaps still exist. Furthermore, commercial vehicle accidents cost the United States more than $60 million each year. Trucking accident lawsuits are on the rise including an Illinois multi-million dollar trucking accident settlement.

Although the senator and the FCMA are concerned with the current industry, Dan England of the American Trucking Association is worried about the future of the industry. England asks Congress to raise the standards for new companies to enter the industry. For example, he asks that the initial safety audit of new companies be completed within 6 months of starting operations, as opposed to the current 18 month standard. He also asks for more improvements in the Compliance Safety Accountability program created by the FCMA. England hopes that Congress will create a national system that would give employers timely notification of violations, accessible drug and alcohol test results, and other tools to improve highway safety.

Other voices in the industry are concerned with trucker safety issues such as the time drivers are detained loading docks, other motorists, and small business truck driver contracts. For example, on Monday a trucking accident crash was reported where a motorist crashed into a semi-truck when it failed to yield at an intersection.

Continue reading " Illinois Trucking Accident Lawyers Applaud Safety Advocates " »

Our Chicago semi-truck accident attorneys recently read a report on WFIN.com about a devastating car-semi accident which sent two individuals to the hospital. It was reported earlier this morning that the collision occurred at the intersection of Ohio 65 and State Route 12 when the automobile driver failed to yield at the intersection, ultimately causing a collision with the oncoming semi-truck. The semi-truck overturned upon impact, causing its cargo of corn to be expelled onto the highway – subsequently shutting down the road for over four hours. Both victims were hospitalized and are currently listed in fair condition.

Unfortunately, these sort of automobile-semi truck collisions occur almost every day in the United States. Highways have proven to be a dangerous breeding ground for accidents as a result of careless driving. Most frequently these accidents are a result of the negligence of a semi-truck driver, but in this case, this was the result of an automobile. Safe driving should always be a priority for all drivers – no matter which type of vehicle they are operating. Nationwide, a notable car insurance agency, provides helpful tips for avoiding car accidents. The agency recommends that all drivers: avoid using their cell phones during while driving, avoid driving while tired, and always use caution when changing lanes and/or entering an intersection.

Most accidents occur as a result of cutting in front of other vehicles, failure to use turn signals, or even changing lanes too rapidly. Automobile drivers should always consider the fact that semi-truck drivers are unable to brake as quickly as cars can. With that considered, if an automobile cuts off a semi truck driver, it takes the semi twice as long to brake – consequently almost always causing an accident. According to the Illinois Crash Data Report (2005-2009), there were over 9,300 reported accidents that resulted from a collision with a tractor-trailer in 2009 alone. Of those 9,300 accidents, 1,600 resulted in injuries and 62 proved fatal.

Our Illinois accident attorneys continue to encourage safe driving practices for all drivers. Injuries and fatalities can be easily avoided when drivers respect each other and share the road. Regrettably, many times there are unforeseeable, as well as, unpredictable accidents that occur. Accident victims who incur serious harm as a result of an automobile collision may be able to seek legal relief for damages incurred.

Our Chicago trucking accident lawyers just learned of a fatal accident involving a tractor trailer truck and a tour bus that occurred early this morning. Reports from CBS News indicate that at least one person, the semi-truck driver, was killed, and over thirty other people sustained injuries. The Spectator reported that the accident occurred when the semi-truck struck the back of the bus, which was pulling back onto the highway from the side of the road. Following the collision, both vehicles became engulfed in flames. It is being reported that all 46 passengers on board were able to get out, but at least thirty of them were hospitalized.

We will continue to monitor reports to learn more about the potential causes and consequences of this tour bus accident. It comes just five days after two people were killed in another crash involving a tour bus. That rollover crash, which occurred just 45 miles from today’s accident, is said to have been caused by a tire blowout in the bus.

Forbes.com cites a statistic from Advocates for Highway and Auto Safety that says that since January, 32 people have already been killed in tour bus accidents. That’s already two more than the number killed in tour bus accidents in all of 2010. With statistics like these, it is important for both passengers and tour bus operators to start thinking of ways to reduce these numbers to help ensure the safety of future passengers and others on the road. Unfortunately, despite increases in the number of these types of vehicles on the roads, the government does little to regulate them.

Currently, tour bus passengers are not required to wear seat belts, thereby increasing their risk for injury or death in the event of an accident. There is also little monitoring of tour bus drivers or the vehicles themselves. Our Chicago personal injury lawyers were shocked to learn that many tour companies do not perform background checks on drivers, and all they need is a commercial driver’s license to operate these large vehicles. Additionally, as with truck drivers, tour bus drivers run the risk of accidents caused by driver exhaustion because little is done to police driver hours.

Although what caused this accident is not clear at this point, our Chicago semi-truck accident lawyers hope that the 2011 increase in tour bus accident deaths will motivate state and federal lawmakers to consider new regulations to protect the safety of tour bus passengers and other drivers on the road. Due to the size of these vehicles, the risk for catastrophic personal injury and death increases greatly when an accident involves a tour bus. Therefore, tour bus operators and drivers must ensure that their vehicles are in safe operating condition at all times. Operators must thoroughly screen their drivers to make sure they have proper experience and an understanding of how to safely operate their vehicles. They should also take measures to limit their drivers’ hours of service to ensure that they do not drive distracted or fall asleep behind the wheel.

Every Chicago truck accident attorney at Levin & Perconti understands the dangers posed by truck operators who do not pay attention to the road. We recently read about a report on TheTrucker.com that highlights the issue of driver distraction in general. The report, Distracted Driving: What Research Shows and What States Can Do, by the Governors Highway Safety Association summarizes distracted driver research (looking at car and truck operators both) and makes recommendations as to what states can do to help reduce the incidence of distracted driving. Examples of distractions mentioned in the report include: cell phones, text messages, talking with passengers, electronic devices, impairment due to drug use, drinking, personal grooming and eating, to name a few.

The prevalence of distracted driving is scary. But when the distracted driver is operating a semi-truck or tractor trailer, the consequences can be devastating. Due to the sheer size of these vehicles, even momentary truck driver distraction can lead to fatal accidents with other motorists. These distractions can cause catastrophic personal injuries not only to people in cars and smaller vehicles, but they can also cause the truckers themselves to suffer serious or fatal injuries.

Although there are federal laws in place that ban any operator of a commercial vehicle from texting while driving, trucking companies and owners should also warn drivers who work for them to avoid dangerous practices and distractions. When a driver’s distractions cause an accident and someone else is injured or killed, victims have a right to take action to hold all wrongdoers accountable. The easiest way to avoid a trucking accident lawsuit is to always operate your vehicle with extreme care and caution to ensure your safety and the safety of others.

Since 1992, our Illinois injury attorneys have represented clients in all types of accident cases, including trucking accident lawsuits. In November, we settled a case for $6.5 million in which a trucker was distracted because he was under the influence of marijuana when he collided with our client's vehicle. Our client's wife, who was only 32, was killed, and our client and his young son sustained serious injuries. This terrible accident could have been avoided if the truck operator practiced safe driving and drove his vehicle with a clear mind.

Most states have taken steps to ban the use of cell-phones and text messaging for all drivers, but until it is widely enforced, we suspect that the number of car and trucking accidents caused by driver distractions such as phones will not decline. We ask all of our readers to avoid risky practices, such as texting while driving, to make the roads safer for everyone.

Our Chicago truck accident lawyers read recently on JusticeNewsFlash.com about a fatal semi-truck accident that occurred in California. A semi truck that was carrying a four car load collided into shuttle bus carrying university employees. Upon impact, a passenger was thrown from the shuttle bus. In an unfortunate turn of events, the passenger that was ejected from the shuttle bus was pinned under the semi-truck – regrettably, he was pronounced dead at the scene. While the cause of the accident remains under investigation, three other shuttle bus passengers sustained minor injuries.

With the shocking increase in fatalities as a result of semi-trucks, a closer look needs to be taken at the rules and regulations of semi-truck drivers. According to the Federal Motor Carrier Safety Administration, driver regulations are specifically laid out in Rule 380. According to these regulations, any driver that wishes to operate a longer combination vehicle (LCV) must successfully complete a LCV driver training program, must provide documented proof of program completion, in addition to maintaining proper health by avoiding excessive alcohol use.

Our Chicago injury attorneys have dealt extensively with victims of accidents that have been caused by the negligence of semi-drivers. Just last year, our attorneys obtained a record $6.5 million dollar settlement for the accident victims of a semi-truck collision. Due to a negligent truck driver, who was later found to be under the influence of marijuana as well as operating an overloaded trailer, an Illinois family suffered a devastating loss in an accident that killed a woman and severely injured her husband and son. Our lawyers can help victim’s family members, as well as, those injured themselves seek justice against the negligence of wrongdoers.

Our attorneys at Levin & Perconti send our sincere condolences to the victims and family members of those affected by such a devastating truck accident. Even though the cause of this accident remains unknown, truck drivers have an increased responsibility of safety to the public that needs to be adhered to when operating such large combination vehicles. Trucking companies should make it their top priority to review all of their drivers on a consistent basis to make sure all rules and regulations are being followed in order to prevent another accident like this one from reoccurring.

See Our Related Blog Posts:

Record $6.5 Million Kane County Settlement Reached for Huntley Trucking Accident Victims

Illinois Injury Lawsuit Filed By Family After Truck Crash

Recently, BlueRidgeNow.com reported the story of a woman who lost her son in a horrific semi-truck accident and is now seeking justice against those responsible. The accident, which occurred on October 24, claimed five lives after an 18-wheeler semi truck smashed into nine cars on Interstate 26 in North Carolina. The semi-driver had failed to reduce speed after a prior accident had caused traffic to slow down. Witnesses to the accident later noted that the driver of the semi was seen previously driving erratically.

It was also later discovered that the trucking company that employed the driver had been previously written up for major violations during a safety audit. The company passed the audit on the promise to improve their procedures. The audit recommended that the company’s drivers be qualified, both fully and properly, before operating any semi-truck. A safety audit was also completed two weeks after the fatal crash, this time resulting in a total of 14 violations.

During the second audit, it was discovered that the company committed many fraudulent claims in their records. These claims ranged from making a false entry on a medical examiner’s certificate, failing to medically examine drivers, in addition to many other falsified records. The company’s driver is currently being charged with five counts of involuntary manslaughter, one count of assault causing severe bodily injury, and having false records.

The accident victim’s mother is currently filing suit against the Federal Motor Safety Administration for $1 million dollars. In addition, she is seeking to have a panel created to review truck safety policies in order to ensure that they are enforced, as well as, strengthened. Luckily, there is currently a bill going through Congress, titled the Commercial Motor Vehicle Advanced Technology Tax Act of 2011, which provides a tax credit of up to 50% for those commercial trucking companies that install high tech safety systems. These safety systems include brake, collision, and vehicle stability warning systems.

Our Chicago accident attorneys send their deepest condolences to those affected by such a devastating accident. Semi truck driver negligence should never be tolerated and commercial trucking companies need to develop more critical guidelines that regulate their drivers. Senseless fatal accidents that affect you or your loved ones can be avoided if proper safety precautions are followed.

Earlier this morning, the Omaha World Herald reported a deadly truck accident that occurred on I-80 in Nebraska. As the result of a collision between a semi-truck and a mobile home, an Illinois man was killed, while numerous others were injured. While the initial cause of the accident is unknown, reports claim that the semi-truck rear-ended the motor home, causing the semi to jackknife and collide into a bridge rail. The collision set afire both the semi and the motor home.

The driver of the semi sustained severe personal injuries and was flown by helicopter to the nearest hospital. The semi’s passenger, who was riding in the rear “sleeping” portion of the trailer, was pronounced dead at the scene. The driver and the passengers of the motor home all sustained injuries as well and were taken to the hospital. The driver of the semi, as well as, the occupants of the motor home were all wearing safety belts.

A “jackknife” occurs when a semi-truck comes to a sudden stop. While the cab of the truck itself comes to a halt, the load the truck is carrying continues its forward momentum, ultimately causing the load to move horizontally across the highway. As you can see, the jackknife of a semi-truck is responsible for many highway accidents due to the fact that it causes the truck to take up all encompassing lanes on the highway. According to the National Highway Traffic Safety Administration, approximately 10% of semi-truck occupant fatalities are associated with a jackknife. In addition, the likelihood of a jackknife fatality substantially increases when: there is a speed limit of 55 and over, poor weather, and/or a curved road.

Our Illinois truck accident attorneys send our deepest condolences to the family of the victim, as well as, those injured in the collision. The fatality rate of highway accidents due to semi-trucks has continued to be on the rise and proper safety precautions need to be taken in order to prevent future accidents such as this one. Victims and their families should seek legal relief if they have been harmed by the carelessness of a negligent driver.

Recently, a two vehicle collision left one driver moderately injured on U.S. 34, according to the Galesburg Register-Mail. The 21 year old driver of an automobile made a sharp left turn in front of a semi-truck, leaving the driver of the semi not enough time to stop. The collision sent the automobile into a ditch along the highway and the driver was taken to a nearby hospital. In the aftermath of the accident, it was discovered that the driver of the motor vehicle not only failed to wear his safety belt, but was under the influence of alcohol.

While an automobile accident of any type is truly misfortunate, driving under the influence should never be tolerated. According to DUI.com, in 2009 alone Illinois made a total of 4,341 DUI arrests which was surprisingly down from the year before. Illinois residents should never operate a vehicle intoxicated and always have a sober driver. In addition to abstaining from driving under the influence, drivers need to take proper precautions when sharing the road with semi-trucks. Drive-Safely.net provides many useful tips to avoid accidents such as this one. One tip the website stresses is the importance of giving semi-drivers a lot of room. Tire blow outs, as well as, shifts in the truck frequently occur and if a driver is not careful they may become a victim of a collision.

Our Chicago truck accident attorneys frequently deal with accidents involving an array of vehicles. While many times a semi-truck/automobile accident is the result of a negligent semi driver, it is not always the case. It is important that all drivers respect each other, learn to share the road, and never operate a vehicle while intoxicated. With the summer months upon us and the increase in vehicles on the highway, driver safety should be the number one concern in order to prevent future accidents such as this one.

It takes a semi-truck up to 40% longer to come to a stop than an average car. Failing to bear this in mind seems to be one of the problems contributing to a collision between a truck and an Amtrak train that occurred on June 24 in Nevada.

Since the accident, several victims have already filed personal injury lawsuits. According to NBC Chicago, the suits were filed by two attendants on the train, one from Worth, Illinois, the other from Evanston, who were injured when the train was struck by a truck driven by an employee of the John Davis Trucking Company of Battle Mountain. According to allegations in the lawsuits, the truck driver ignored the crossing gates and warning signals and braked too late, causing his truck to skid into the side of the train.

Seven people were killed and others injured because of the truck driver’s negligence. Our Chicago truck accident lawyers see many cases involving negligent drivers and understand that these accidents can often result in death or significant injuries such as traumatic brain injury, paralysis, broken bones, and even loss of life. According to the Illinois Department of Transportation – Traffic Safety, in 2008 there were 15,049 truck accidents in Cook County alone. In fact, truck crashes account for one of every eight automobile accident fatalities in Illinois.

In general, trucking accidents occur for one of two reasons: equipment failure or negligence on the part of the truck driver, which is significantly more common. If the latter is the case, a lawsuit can be brought against both the driver and the company who employs the driver. Though at first glance an accident might seem to only be the fault of the driver rather than the company, businesses who employ truck drivers have an obligation to make sure drivers are properly trained, that equipment satisfies required standards, and that conditions are as safe as possible (i.e., making sure trucks aren’t overloaded or oversized for the driver’s level of experience).

Earlier this week we discussed the truck accident lawsuit that was filed by a Chicago area resident after getting injured when a truck driver ran into an Amtrak train. The accident made headlines across the country as at least six people were killed and dozens more injured. An investigation into the accident remains on-going, but new information is now being reported about the negligent truck driver that caused the collision.

According to USA Today, the man had at least two other citations for driving violations within the past few years. For example, in 2007 he was cited for slamming his semi into the back of a car that had stopped on a highway, injuring a family of three. The man and his trucking company were defendants in a truck crash lawsuit after that accident, and they settled the matter out of court.

The attorney who represented the family in that case explained the man “was at least a very distracted driver, if not a driver who’s conduct exhibited a disregard for the safety of others.”

On top of that accident, the driver had a string of speeding tickets. However, the timing of those tickets was spread out enough so that he did not lose his commercial driver’s license. Usually a CDL will be lost if a certain amount of violations are acquired within a short time period or if those violations are of a certain severity (such as driving more than 15 miles per hour over the speed limit)

Continue reading " Negligent Truck Driver Had History of Driving Problems " »

A Chicago truck accident lawsuit was recently filed by one of the victims of the devastating collision involving a semi-truck and a train that originated in Chicago. Fox News reported last week on the lawsuit stemming from the accident that killed six people and injured many others. The victim is a 38-year old Evanston woman who works as an Amtrak train attendant.

The crash resulted from a truck driver who ran his machine into the train at the crossing on U.S. Route 95 near the town of Lovelock. He was leading a convoy of three tractor-trailers at the time. The driver failed to notice that he was approaching the train crossing, even though the signal lights and arms were working properly. Visibility at the time was excellent, so it is unclear how the driver could have failed to realize he was approaching the train.

The driver hit his brakes only 320 feet before the rail crossing, and so he did not have enough time to stop before barreling across the safety arms and into the side of the train. The devastation was severe. The truck was traveling at such a high speed at the time of the collision that the truck was embedded in the side of the train.

The lawsuit alleges that the trucking company is responsible for failing to properly hire, train, and supervise their truck driver. Records indicate that the driving and the company he worked for had been cited more than a dozen times by various agencies for safety violations in the last three years alone.

Continue reading " Chicago Truck Accident Lawsuit Filed Following Deadly Amtrak Crash " »

Many area residents may be aware that a single Illinois truck accident can spur two different types of legal cases: criminal and civil. The civil case is what our Chicago truck crash attorney works on—seeking to provide real relief and compensation for those hurt in these events. At the same time, prosecutors may seek to hold those involved in the accident with criminal charges for specific laws that they may have broken during the accident. The two cases have different legal rules to apply and there is no direct overlap between them.

For example, WTHI TV reported earlier this week on the end of a criminal case related to a deadly trucking accident. In that case a truck driver was high on cocaine when he fell asleep at the wheel allowing his semi to slam into the car next to him. The 25-year-old driver of that car was killed in the accident. He left behind a large family, including a wife who he had married only a year before. The truck driver had a history of driving under the influence, and his license was actually suspended at the time of the crash.

Following the accident the prosecutors in the area determined that the driver had violated various laws and he was charged with crimes. The man eventually pled guilty to the charges and was recently sentenced to six years in prison for his conduct. Regardless of that criminal matter, the family of the victim was also able to file a civil lawsuit holding the driver (and probably the business that owned the truck) liable for the losses that the family suffered. Their action would be considered a wrongful death lawsuit.

Continue reading " Reckless Truck Driver Sentenced Following Deadly Truck Accident " »