December 31, 2011

2012 Brings New Laws for Illinois Drivers

BND.com recently published an article detailing new driving laws that will be enacted within the New Year. According to the article read by our Chicago truck accident attorneys, one of the new laws that will go into effect in 2012 is a new seat belt law known as Public Act 97-0016. This safety law requires that passengers in motor vehicle around the state of Illinois must wear a safety belt during vehicle operation. Previously, Illinois law only required that front seat passengers, as well as, individuals under the age of 19 wear safety belts. Many considerations were taken during the development and implementation of the law, especially the increasing rate of traffic accident injuries and fatalities.

Some of the most recent traffic accident statistics provide more insight into the severe epidemic of traffic fatalities. According to recent accident statistics provided by the National Highway Traffic Safety Administration, it is estimated that an injury results from a traffic accident every 15 seconds nationwide, all the while, a fatality results every 13 minutes as a result of a traffic accident. Additional statistics reviewed by our Chicago truck accident lawyers found that preliminary data released by the state of Illinois indicates that over 821 fatalities have resulted in 2011. With all traffic accident statistics considers, the back seat passenger seat belt law will hopefully cause a significant drop in the amount of serious injuries and fatalities that have occurred from traffic accidents across the state.

Additional driving laws that will go into effect in the upcoming year include speed limits for drivers of large commercial vehicles. The new law increases a truck’s (with the gross weight of more than 8,000 pounds) speed limit from 55 mph - 65 mph on four-lane highways with medians outside of Cook, DuPage, Kane, Lake, McHenry, and Will counties.

Another Illinois driving law that will directly affect large commercial vehicle drivers will involve mobile device use. As part of the new regulation established by the Federal Motor Carrier Safety Administration to limit the number of Illinois trucking accidents, Illinois troopers will be required to enforce that prohibited use of hand-held mobile device use by anyone driving a commercial vehicle.

Exceptions to this regulation will only be accepted under the following conditions: the driver is using a hands-free communication device, the driver has moved the commercial vehicle to the side of or off a roadway where the vehicle remains stationary, and/or the driver is involved in an emergency that would required services provided by the police or firemen.

December 30, 2011

IDOT Implements New Safety Program for Drivers

The Chicago Sun Times Online recently released a new report describing a new safety initiative that has been implemented by the Illinois Department of Transportation. In the news report read by one of our Chicago truck accident lawyers, the article details the new Illinois Dot Program – a program that provides emergency personnel with important personal information in the event of a motor vehicle accident. In order to participate in this free program, Illinois participants will be required to fill out a firm that includes a photo, as well as, information about health history, medical conditions, medications and emergency contacts – which will ultimately be place in the motor vehicle’s glove compartment. A yellow dot sticker will then be placed on the vehicle’s rear window to let first responders know that the individual’s information is located within the vehicle.

The Illinois Dot Program aims at improving roadway safety by providing medical personnel with crucial medical information they need to treat accident victims. Often times, the article points out, accident victims rarely have identification on them – let alone information about their personal health. When any type of motor vehicle accident transpires, especially Illinois trucking accidents, time is the most critical aspect in these emergency situations. By giving paramedics and emergency workers information as to the medications an accident victim is currently taking or if the individual has allergies or another chronic condition, first responders will be about to make better decision about treatment options. Participation in this program can make a substantial difference in the type of emergency care a victim receives and potentially save lives.

Our Chicago trucking accident attorneys are pleased to learn that the Illinois Department of Transportation has implemented such a helpful safety program for drivers around the state. Any Chicago accident attorney around the state of Illinois will tell you that in the event of any type of motor vehicle accident, this information can be life-saving. According to the most up-to-date accident statistics provided by the Illinois Department of Transportation, there have been over 821 fatal crashes that have transpired so far in 2011, resulting in 900 fatalities. By having important personal/medical information located within a vehicle, emergency personnel with be able to provide proper and adequate care and hopefully decrease the fatality rate of motor vehicle accidents in 2012.

If you have been injured or have lost a loved one in a motor vehicle accident, please contact our accident lawyers in Chicago to see what legal rights may be available to you.

December 29, 2011

Roadway Closes after Overturned Semi Truck Accident

Earlier this week, our Illinois accident attorneys read a report on Pal-Item.com detailing a destructive semi truck accident that occurred along an interstate highway. According to the report, a semi tractor-trailer hauling a cargo of microwaveable popcorn overturned – subsequently spilling the truck’s cargo all along the highway. Only the driver of the commercial vehicle sustained injury that required advanced medical attention. Fortunately, no other passenger vehicles were involved in the semi truck collision. The accident caused interstate traffic to remain closed for more than two hours. Ultimately, it took cleanup crews well over 10 hours to clean up the debris from the accident. The cause of the accident remains unknown and no citations have been issued.

When these types of devastating commercial vehicle accidents occur, it is important to look at a wide varies of factors when determining cause. More often than not, semi truck accidents commonly result from error on the part of the semi truck driver. Some of the most common semi truck driver errors that result in tragic accidents include:
- Speeding
- Driver Fatigue
- Drug/Alcohol Use
- Failure to Take Mandated Rest Breaks
- Failure to Modify Driving to Roadway Conditions

Another common factor when determining causes of Illinois trucking accidents is failure to properly maintain the commercial vehicle. This results when proper truck maintenance is ignored and/or the vehicle is improperly equipped for travel. Some of these common causes include:
- Improperly Loaded/Unsecured Trucks
- Overweight Trucks
- Failure to Maintain Brakes
- Failure to Maintain and Replace Tires

When any of the above mentioned factors contribute to a semi truck accident, the results can be devastating for the truck’s driver, passenger vehicles, as well as, property. Given that each year in the state of Illinois there are approximately 5,500 semi truck accidents – with 200 resulting in fatality, according to the Center for National Truck and Bus Statistics, commercial vehicle drivers and their trucking companies must be held responsible for the careless actions on our roadways.

If you have been injured in a motor vehicle accident or have lost a loved one due to semi truck driver error or improper vehicle maintenance, you may be able to receive compensation for damages incurred as a result of the driver’s action or inaction. Please contact our Chicago truck accident lawyers to see what legal rights, representation, and relief may be available to you.

December 28, 2011

Lawsuit Filed in Bus-Trailer Collision that Injured Two

Two passengers that sustained serious injury after a destructive collision between a charter bus and a semi tractor-trailer have filed a lawsuit against the charter bus’s company for damages. In a news report posted on RecordOnline.com further detailing the lawsuit, both the 52 year-old and 59 year-old plaintiffs were traveling in the charter bus along an interstate highway when the bus slammed into the back of a tractor-trailer on the morning of October 18. According to local authorities, the tractor-trailer had slowed down to let a car enter the highway from a ramp when the charter bus failed to yield and collided into the commercial vehicle.

As a result of the accident, both plaintiffs sustained significant injuries with one of the men suffering from a crushed knee resulting from sitting in the front seat of the charter bus. Both men are still out of work due to their inability to work because of their injuries. The lawsuit was filed earlier this month, names both of the charter bus’s companies, the bus driver, as well as, the driver of the commercial vehicle that the bus driver rear-ended as defendants. Our Chicago truck accident lawyers read that in the court papers, both plaintiffs allege that they have suffered “severe, serious, and permanent personal injuries.” The plaintiffs are current seeking an unspecified amount of damages, citing that the injuries have prevented them from working.

When these types of accidents involving commercial vehicles occur, the results can be particularly devastating, as well as, life-threatening. Any Chicago truck accident attorney will tell you that commercial vehicle accidents are substantially different from any other types of accidents due to the sheer size and weight of commercial vehicles and their ability to cause significant damage upon impact. With over 500,000 personal injuries resulting each year from trucking accidents involving large commercial vehicles, according to the Federal Motor Carrier Safety Administration, commercial vehicle drivers must exhibit the utmost standard of care during operation.

In the event that you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent commercial vehicle driver, please contact us as soon as possible. Our accident attorneys in Chicago have expertly handling a wide variety of cases involving motor vehicle accidents, particularly those involving commercial vehicles. We ensure that our clients are properly compensation for the damages they have sustained as a direct result of their accident, such as: loss of wages, medical expenses, as well as, physical and emotional pain and suffering.

December 27, 2011

Semi Truck Driver Avoids Criminal Charged for Fatal Accident

TheHour.com recently released a news report which revealed that a semi truck driver who caused a devastating fatal collision in early August of this year will not face criminal charges for his role in the collision. According to the report, the initial accident occurred along an interstate highway when a semi tractor-trailer collided into a van owned by the YMCA, which was transporting children on the way home from an amusement park. The collision resulted in the untimely death of a 12 year-old girl who was a passenger in the van. Our Illinois truck accident lawyers read that despite the review conducted by the prosecutor which revealed that the semi truck driver was operating his commercial vehicle 11 miles per hour over the posted speed limit when he lost control of his vehicle; there are no findings of criminal negligence that is required by law to pursue a criminal case of vehicular manslaughter.

Although the article does not reveal of the family of the 12 year-old accident victim wishes to pursue civil legal action against the truck driver, from our experience as accident attorneys in Chicago, the family of the deceased may have a cause of action for wrongful death. Wrongful death cases arise when the wrongful or negligent conduct of another, through action or inaction, caused the untimely and premature death of another. In this particular case, by the semi truck driver deviating from the posted speed limit and operating his semi tractor-trailer 11 miles per hour over the limit at the time he lost control of his vehicle, he may be found liable through civil litigation.

If pursuing an Illinois trucking accident lawsuit, under current Illinois statute, those bringing about a claim of wrongful death must assert that the negligent or default act of the accused party would have entitled the injured party to seek legal relief to recover damages if premature death has not incurred as a result of the accident. Additionally, those asserting the claim of wrongful death must prove that monetary damages have resulted as a direct result of the victim’s death.

If you or a loved one has been involved in an Illinois trucking accident, please contact our experienced accident attorneys as soon as possible. Having represented hundreds of victims of negligence, our attorneys know the devastating and tragic effects that accidents have on victims and their entire families. Often times, those individuals who sustain serious injury in these accidents incur large medical bills; lost income, love recovery time, as well as, life-long disability. Contact our Chicago truck accident attorneys for a free consultation to help determine what legal rights and relief may be available to you.

December 26, 2011

Motorist Awarded $1.4M in Truck Accident Lawsuit

A Chicago truck accident attorney at our office recently read an article on CanadianBusiness.com detailing the settlement of a trucking accident lawsuit that caused substantial personal injury to the 60 year-old accident victim. The tragic collision occurred just less than a year ago on December 21 of 2010 when the accident victim was stopped at a red light. Traveling near the victim’s passenger vehicle, a large commercial vehicle’s trailer detached and crashed into his passenger vehicle -- ultimately flattening it and trapping him inside. It took emergency personnel well over 90 minutes to free the man from the devastating wreckage of twisted metal and shattered glass.

After removal from the wreckage, the 60 year-old was transported to an area hospital where it was revealed that he sustained a broken neck, spinal fluid leakage, a broken wrist, fractures to his left fibial and tibial plateau, as well as, nerve damage to his right arm and wrist. A few months after the initial accident, the accident victim and his wife filed a lawsuit against the truck driver and his employer for $4.5 million. The lawsuit alleged that the semi truck driver operated recklessly in that the breaks on the rear trailer of the vehicle were out of adjustment and the tractor-trailer had mismatched brake slack adjusters.

Our accident attorneys in Chicago read that the victim’s lawyer explained that the most likely cause of this terrible accident could be attributed to semi truck driver fatigue and stress. Despite the driver’s trucking carrier refusing to comment on the mental state of the truck driver at the time of the collision, he was shortly fired from the carrier soon after the accident. The truck driver did receive a citation for the accident by local authorities with a $795 fine for careless driving and making an improper turn.

Mediation, a form of alternative dispute resolution, was conducted between the accident victim and the trucking company to reach a final settlement of $1.4 million. This settlement will overall cover more than $300,000 of the victim’s already incurred medical expenses, $400,000 in estimated future medical expenses, as well as, $700,000 in victim compensation for loss of work and quality of life.

If you or a loved one has been injured or killed in an Illinois trucking accident, it is important to seek legal aid as soon as possible. These types of accidents are particularly destructive and can cause severe personal injury and untimely death. Our Chicago trucking accident lawyers ensure that our clients receive proper compensation for the ill effects of these accidents and make certain that negligent drivers and trucking carriers are held liable for their wrongful actions.

December 25, 2011

New Federal Rule Limits Truck Driver Operation

A new federal rule has been released by the Federal Motor Carrier Safety Administration that places additional limits on the number of hours a truck driver can operate. According to an article posted on RepublicanHerald.com, the new rule reduces the formally allowed maximum work week hours to 70 hours. Previously, semi truck drivers were permitted to work up to 82 hours within a seven day work period. Additionally, commercial vehicle drivers are not permitted to drive after eight consecutive hours without taking at least a 30 minute break. Our Chicago truck accident attorneys read that these breaks can be taken whenever a driver requires rest, all the while maintaining the current 11-hour driving limit per day.

According to the news report, truck drivers that have already operated the number of hours permitted for them to drive are required to take at least two nights off to sleep, especially from the hours of 1 a.m. to 5 a.m. This provision is a part of the new rule’s “34-hour restart” requirement that permits drivers to restart the clock on their work week when they have spent at least 34 consecutive hours off-duty. Truck drivers are only permitted to use the restart provision once during a seven-day period.

Overall, a majority of trucking carriers have readily accepted the changes and are pleased that the Federal Motor Carrier Safety Administration did not reduce the daily driving limit to 10 hours – which was their previous proposal. Our Chicago accident lawyers read that many in the trucking industry believed that by eliminating one hour in a truck driver’s work day would have a serious impact on the productivity of commercial transportation and further intensify the current shortage of drivers that plague the industry. The article points out that this change may have an overall effect on driver productivity which may result in higher consumer prices.

Despite some hesitation by the members of the trucking industry about a limited work day, our Chicago trucking accident attorneys are pleased to read that new implementations are being made to make our roadways a safer place. Any accident lawyer in Chicago will tell you that when truck drivers are permitted to operate for long and continuous hours, it significantly increases the risk of truck accidents that are caused by driver fatigue. With driver fatigue accounting for many traffic related deaths among our roadways, this new rule will be highly beneficial in decreasing the devastating results from these types of collisions.

December 24, 2011

New Enforcement Operation for Commercial Vehicles Proves Successful

Our Chicago trucking accident attorneys recently read an interesting article posted on AHWatukee.com detailing a unique enforcement strategy taken by a state law enforcement agency that not only provides training for commercial vehicle enforcement but additionally aimed at improving the safety along interstate highways. The operation, which took place between 7 a.m. until 11 a.m., assigned twenty new officers to veteran officers with the hopes to provide advanced training in the field of specialized commercial vehicle enforcement. In total, policing authorities stopped and inspected 33 vehicles and placed 11 of the vehicles out of service for severe violations – or a series of severe violations. According to the news article, a majority of the violations were ones that had a direct negative impact on the overall safety of the commercial vehicle and/or the ability for the truck driver to safely operate the vehicle. The effort to improve the overall safety of the motoring public resulted in over 100 documented violations.

Any Chicago truck accident lawyer will tell you that when local law enforcement agencies implement safety measures that stop unsafe commercial vehicles during travel, it significantly reduces the number of accidents that may have ensued as a result of the unsafe vehicle. Often times, these types of commercial vehicle violations include:
• Commercial Vehicle Log Book Violations
• Truck Speeding
• Lane Violations
• Violations of roadway weight specifications
• Violations of downhill speed zones and grade restrictions

The most recent up-to-date accident statistics for trucking accidents provide a harrowing insight into how debilitating and destructive these types of accidents can be. According to the Insurance Institute for Highway Safety, in 2010 over 500,000 large trucks and commercial vehicles were involved in accidents across the nation. Of those accidents, 100,000 individuals sustained serious injury and 5000 fatalities resulted. Compared to trucking accident statistics from 2009, the rate of fatalities has substantially increased … with only 3200 fatalities resulting from commercial vehicle accidents.

Commercial vehicle drivers are held to an advanced standard of care when operating their vehicles. This means that they are required by law to exercise the utmost safety when traveling along our nation’s roadways in order to avoid any and all types of accidents that may result in property damage, personal injury, and even fatality. In the event that a commercial vehicle driver deviates from their standard of care and an accident ensures, victims of these destructive accidents may be able to seek legal relief for damages incurred. If you have been involved in an Illinois trucking accident, please contact our Illinois truck accident lawyers to see what legal rights may be available to you.

December 23, 2011

Semi Truck Driver Faces Charges for Fatal Collision

A 59 year-old semi truck driver was charged earlier this week with vehicular homicide for his role in a devastating fatal trucking accident that occurred early last month. According to a news article posted on BrecksvillePatch.com, the fatal accident occurred when the semi truck driver struck and killed a 40 year-old construction worker along an interstate highway. Despite the amount of time that has passed since the accident and the charges filed against the truck driver, our Chicago truck accident lawyers read that this was attributed to authorities waiting until a thorough investigation of the accident was complete. The truck driver faces the first-degree misdemeanor of vehicular homicide, the lowest charge he could receive with a commercial vehicle driver’s license although there was no evidence that the driver was under the influence of alcohol or drugs or use of cellular technology at the time of the accident.

In recent years, the topic of commercial vehicle accidents in construction or work-related zones along interstate highways has seen substantial increase with many resulting in injuries or fatalities. The Federal Motor Carrier Safety Administration recently released a study which found that an estimated 150 people are killed annually in large semi tractor-trailer accidents that occur in work/construction zones. These statistics comes as no surprise given the fact that these large commercial vehicles may weigh up to 80,000 pounds and a truck’s trailer may be up to 53 feet long. In an additional study conducted by the Federal Motor Carrier Safety Administration, it was revealed that in a majority of these trucking accidents – the commercial vehicle driver is the least likely party involved in an accident to sustain serious injury or fatality. Statistics prove that 74% of fatalities that result in trucking accidents are occupants of passenger vehicles, 12% are non-motorists, while only 14% are truck drivers.

If you or a loved one has been a victim of this type of destructive and tragic trucking accidents, it is important to seek legal aid from experienced Chicago accident lawyers. Having represented hundreds of victims of negligence, our attorneys have firsthand knowledge and experience when it comes to handling the devastating effects of any and all types of motor vehicle accidents – including those involving commercial vehicles. Recently, our attorneys at Levin & Perconti obtained a $6.5 million settlement for the victims of an Illinois trucking accidents. During our investigation conducted during the civil litigation process of this disastrous accident, which resulted in one fatality, it was determined that the semi truck driver was operating under the influence of marijuana, as well as, an overloaded semi tractor-trailer at the time of the accident.

December 22, 2011

NHTSA Recommends Stability Systems for Large Trucks

TodaysTrucking.com reports that the National Highway Traffic Safety Administration has created a proposal for the White House Office of Management and Budget that would require all large commercial vehicles to become equipped with stability control systems. Our Chicago truck accident lawyers read that this proposal comes in light of numerous rollover and loss of control tractor-trailer accidents. According to recently published statistics, these types of accident are responsible for over 2,700 injuries, as well as, over 300 fatalities each year. Many commercial trucking fleets have already adopted stability control technology, which has found to be effective in up to 56 percent of single-vehicle tractor-trailer rollover accidents. Additionally, it was found that control systems are effective in up to 14 percent of accidents caused from vehicle skidding.

Despite these noticeable safety benefits, not all trucking fleets have adopted this form of technology for their commercial vehicles. Although the National Highway Traffic Safety Administration estimates that these stability control systems may annually save as many as 66 lives and prevent nearly 1,000 injuries, these pricey systems would cost the trucking industry up to $107 million a year. Regardless of the increased cost, the article points out that the cost would ultimately be outweighed by the $372 million in savings from preventing property damage and travel delays. Currently, no word is out yet on whether this planned proposal will be implemented by the exact terms in the proposal created by the National Highway Traffic Safety Administration. Agencies are presently awaiting vetting (examination and evaluation) by the White House Office of Management and Budget.

Our Illinois truck accident lawyers are pleased to read that continued steps are being taken by our governmental agencies to implement adequate safety equipment in large commercial vehicles. With so many violent and debilitating trucking accidents taking place each day on our busy Illinois roadways, the implementation of safety equipment will hopefully in turn give drivers a peace of mind that proper safety measures are being taken to ensure that a semi tractor-trailer traveling alongside a passenger vehicle will not ultimately prove deadly in the event that the truck becomes unstable during travel. In the unfortunate circumstance that you have been injured in a commercial vehicle accident, or have lost a loved one in an Illinois trucking accident, please contact our accident attorneys in Chicago to see what legal rights and relief may be available to you.

December 21, 2011

Traffic Fatality Prompts Change for Illinois Roadway

After an Illinois trucking accident took the life of a 68 year-old woman earlier this month, a Rockton town board is appealing to the state of Illinois to improve roadway conditions to prevent a similar accident from ensuing in the future. Our Chicago truck accident lawyers read an article on RRStar.com detailing the proposed upgrades for the Illinois 2 intersection which was the site of the fatal accident when the accident victim attempted to turn east on Roscoe Road and was struck by a northbound semi tractor-trailer. According to town board members, the intersection has been a common cause of concern due to various line-of-sight issues and a hill that comes to a crest at the Roscoe Road intersection.

In a unanimous vote by the town board to upgrade the intersection at Roscoe Road and to eventually widen the roadway from two to four lanes within the next fiscal year, the town is pleading with the Illinois Department of Transportation to help make this goal possible. While the untimely fatality of the 68 year-old woman prompts roadway changes, local officials in Rockton have made several attempts over the years to expand the highway and improve the Roscoe Road intersection. In fact, only a few short months ago the Illinois Department of Transportation began a $21 million roadway improvement project that will ultimately expand Illinois 2 to four lanes from Elmwood Road to Latham Road – an approximate stretch of three miles.

Unfortunately, despite the significant number of traffic accidents that occur at this particular dangerous intersection, it may ultimately take several years before the improvements are complete. Any Chicago truck accident attorney will tell you that although many traffic accidents are caused by driver error, another common cause motor vehicle accidents is roadway conditions and/or failure to promptly improve roadways. In order to properly handle and repair these roadway conditions, state transportation agencies across the country should not worry about constructing new roadways, but instead focus on updating existing roadways to meet the current and future needs of that particular road.

When improvements to roadway safety are implemented, a substantial dent is made in the rate of traffic accidents that occur nationwide each year. Our accident lawyers in Chicago continue to encourage annual improvements to roadways, as well as, safe operation for drivers of any and all types of vehicles. With the holidays rapidly approaching, drivers must exercise the utmost care when operating their vehicles in order to prevent the recurrence of these types of devastating motor vehicle accidents.

December 20, 2011

Increasing Epidemic: Sleep Apnea in Truck Drivers

The issue of sleep apnea and truck drivers has continued to be a reoccurring topic in news reports, as well as, the common cause of commercial vehicle accidents resulting in injury or fatality around the nation. Every Chicago truck accident lawyer at Levin & Perconti believe that now, more than ever, is the perfect opportunity to educate our Illinois trucking accident blog readers about this common medical disorder.

According to a recent article posted on HuffingtonPost.com, which discusses the frequent link between sleep apnea and obese semi truck drivers, defined obstructive sleep apnea as a disorder which is commonly characterized by having pauses in breathing or shallow breathing during sleep which ultimately creates disrupted sleep. The medical issue of sleep apnea is most common in individuals who are overweight and poses a severe threat during roadway travel. Truckers who have sleep apnea can often prove dangerous due to the fact that sleep apnea frequently causes daytime drowsiness – which proves increasing fatal for drivers of 80,000 pound commercial vehicles.

Two government advisory panels recently released a recommendation that would call for all obese commercial vehicle drivers with a body mass index of 35 or higher be screened for sleep apnea. This recommendation, which was developed at the public meeting of the Motor Carrier Safety Advisory Committee and the Medical Review Board, will be further discussed and reviewed early next year. Additional recommendations on the concept of mandated sleep apnea screenings for truck drivers will be finalized before presentation to the Federal Motor Carrier Safety Administration.

According to an article posted on Today’s Trucking, if the Federal Motor Carrier Safety Administration agrees to implement the proposed recommendations, it would ultimately lead to guidance on the proper steps to take of a commercial vehicle driver does not pass the screening test. Our Chicago trucking accident lawyers read that the guidance would include conditions that would cause for immediate commercial vehicle driver disqualification, such as falling asleep at the wheel or involvement in a fatigued-related collision. Additional guidance allows for a semi truck driver to obtain a 60-day conditional card during evaluation and treatment of sleep apnea.

Sleep apnea is a potentially dangerous condition that could lead to tragic collisions if not properly diagnosed and treated. Our Illinois accident attorneys are thrilled to learn that topic of sleep apnea and truck drivers is garnering nationwide attention and promoting safe driving habits for drivers of large commercial vehicles.

December 19, 2011

$3.25M Settlement Results in Sleep Apnea Related Trucking Collision

A legal settlement has been reached on behalf of the family of a trucking accident victim. Our Chicago trucking accident attorneys recently read a report on DigitalJournal.com detailing the settlement, which has been acknowledged to be the first verdict in which the issue of driver sleep apnea was found to be the most likely cause of death. A $3.25 million settlement has been issued to the accident victim’s family in what is to be believed a settlement that will have a national impact on the trucking industry.

The accident transpired in May 2010 when the accident victim and his wife were traveling along an interstate highway when traffic came to a stop through a construction zone. A semi tractor-trailer traveling behind the accident victim’s passenger vehicle failed to notice the reduced speed in traffic and crashed his 18 wheeler truck into the passenger vehicle while traveling at 65 mph – the speed in which the truck’s cruise control was engaged. The driver of the motor vehicle sustained traumatic personal injuries that ultimately lead to his untimely death.

During an investigation into the devastating accident, our Illinois truck accident attorneys read that it was revealed that the semi truck driver had suffered from severe uncontrolled sleep apnea at the time of the collision. The driver of the tractor-trailer had also been fired from his previous job for refusing to participate in a sleep study to determine sleep apnea. Before he was hired by his current trucking company, thirty other companies had refused to hire him due to his sleep apnea condition.

As part of the settlement of the trucking accident lawsuit, the defendant trucking company has agreed to implement several actions in order to further protect motorists from the common and threatening dangers associated with sleep apnea and truck drivers. Some of the trucking company’s actions include: implementing positive steps to help educate trucking drivers about the dangers of sleep apnea – including treatment that can be done so a driver may still be able to qualify to drive a commercial vehicle; examining trucking operations and policies under the guidance of a nationally recognized sleep apnea expert; in addition to, using information learned through the sleep apnea expert to lobby for changes in trucking regulations and industry practice.

Despite the tragic consequences of such a devastating trucking accident, our accident lawyers in Chicago are pleased to learn that proper steps are being implemented in order to avoid any additional fatalities or injuries that commonly result from semi truck accidents due to driver sleep apnea.

December 18, 2011

Wrongful Death Lawsuit Filed After Fatal Trucking Accident

A Chicago truck accident lawyer at Levin & Perconti recently read an article on TheCalifornian.com detailing a wrongful death lawsuit that has been filed on behalf of a 4 year-old boy whose life was taken as the result of a semi truck collision that occurred late last year. The fatal accident initially transpired when a semi tractor-trailer collided into the rear end of the passenger vehicle attempting to make a left-hand turn on an interstate highway.

Upon impact, the passenger vehicle driven by a 48 year-old woman was pushed into oncoming traffic, causing an additional collision with another passenger vehicle occupied by the 4 year-old boy. Despite reports that the boy was properly restrained in a child-safety seat, he was pronounced dead at the scene after a collision with both the passenger vehicle and the semi tractor-trailer.

As the result of the devastating trucking accident, a wrongful death lawsuit was filed earlier this month alleging negligence against both the semi truck’s trucking company, as well as, the Department of Transportation. The lawsuit also hopes to expose the dangers of the interstate highway where the accident transpired. According to the news report, the safety of that particular highway has been questioned for well over a decade with many stating that the highway needs to be widened.

Our Chicago accident lawyers read that the goal of this trucking litigation is not only to seek compensation for the accident victim’s family, but to improve roadway conditions so that similar accident fatalities are eliminated. The wrongful death lawsuit seeks an unspecified amount of damages from the trucking company, including loss of future income, support and services from the boy, as well as, any court fees that result from litigation.

When these types of catastrophic trucking accidents transpire, it is important to seek legal aid from experienced Chicago trucking accident attorneys. Recently, our lawyers obtained a $6.5 million settlement on behalf of 32 year-old Huntley woman who was fatally injured when a semi tractor-trailer rear ended the passenger vehicle which was also transporting both her husband and young son. The settlement was also a $4.7 million record Kane County wrongful death settlement when it was revealed that the defendant truck driver was operating under the influence of marijuana, in addition to, an overloaded semi tractor-trailer.

If you have been injured or have lost a loved one in an Illinois trucking accident, please contact an accident lawyer in Chicago to see what legal rights may be available to you.

December 17, 2011

5 Injured in Creve Coeur Semi Truck Crash

Earlier today, PekinTimes.com posted a report detailing a destructive Illinois trucking accident that sent five individuals to the hospital after a semi tractor-trailer drove off an Interstate 474 bridge onto Illinois Route 29. According to initial reports, the accident transpired when the 25 year-old driver of a semi truck was attempted to pass another semi truck while traveling westbound on Interstate 474 in Creve Coeur. Due to an unknown reason, the semi truck driver lost control of his commercial vehicle and ran off the median side shoulder of the interstate highway and struck the overpass bridge at Illinois Route 29. Upon collision, the semi truck’s trailer separated from the vehicle and fell onto the overpass of Illinois Route 29 into the northbound lanes.

The separated trailer from the commercial vehicle resulted in subsequent collisions on Illinois Route 29 involving two passenger vehicles. As a result of the accident, the semi tractor-trailer began expelling diesel fuel causing a fire to ensue on both Route 29 and Interstate 474. Our Chicago truck accident attorneys read that over 20 fire trucks and ambulances were called to the scene to handling the resulting blaze, which ultimately caused traffic to come to a complete halt in all directions. Illinois State Police at the scene revealed that the driver of the semi truck, both drivers of the passenger vehicles, as well as, two passengers of the vehicles required further medical assistance at area hospitals.

The devastating accident, which transpired at around 5 p.m. Friday evening, caused Illinois Route 29 to remain closed to traffic in both north and southbound lanes for well over four hours. Additionally, traffic was not permitted to enter the westbound and eastbound lanes of Interstate 474 until around 9:15 p.m. According to the news report, a source at the scene believes that the initial collision and lost vehicle control was caused by a blow to the semi tractor-trailers front tire. Illinois State Police are currently conducting a thorough investigation into the accident and no charges have been filed.

A tragic Illinois trucking accident, such as the one previously mentioned, transpires nearly every day on our busy and hectic roadways. Victims of these accidents often incur serious and debilitating injuries, as well as, subsequent medical expenses. If you have been injured in a motor vehicle accident or have lost a loved one at the hands of a negligent driver, please contact our experienced accident attorneys in Chicago to see what legal rights and relief may be available to you.

December 16, 2011

Falling Logging Equipment from Tractor-Trailer Results in Fatality

A 40 year-old man was fatally injured in a devastating Illinois trucking accident that transpired earlier this week. According to STLToday.com, the accident victim was traveling along Champ Clark Bridge – which connects Missouri into Illinois – when logging equipment being hauled by a semi tractor-trailer traveling in front of the vehicle became unfastened and collided with the 40 year-olds passenger vehicle head-on.

Illinois State Police at the scene released a statement disclosing that despite the logging equipment, which has been described to look similar to an over-sized forklift, being properly secured by safety chains to the truck’s trailer … the chains broke when the Illinois semi truck driver struck the guardrail on the bridge.

The tragic collision caused the bridge to be closed for over six hours while authorities conducted a proper investigation and provided temporary repairs on the damaged guardrail. The 50 year-old Illinois semi truck driver has received a citation for improper lane usage – given that he left his lane and subsequently struck the bridge’s guardrail.
According to the news report, our Chicago trucking accident lawyers read that the semi truck driver may face additional charges due to the fact that the tractor-trailer may have been too wide for the narrow two-lane Champ Clark Bridge.

Any Chicago truck accident attorney will tell you that when a large commercial vehicle travels with an unsecured load, the results can be potentially life-threatening and disastrous for drivers, passengers, as well as, their vehicles. A 2004 study conducted by the AAA Foundation for Traffic Safety reported that well over 25,000 motor vehicle accidents occur each year as a direct result of a semi tractor-trailer’s unsecured cargo.

Despite information provided in the previously mentioned news report that the driver of the commercial vehicle did have his cargo properly secured before colliding into the bridge’s guardrail, all commercial vehicle license holders are held to elevated standard of care levels that mandate that reasonable care be exercised in order to avoid any and all types of collisions.

If you have been involved in a collision involving a commercial vehicle’s unsecured load or have lost a loved one in a tragic Illinois trucking accident, please contact a Chicago accident lawyer at Levin & Perconti. With the Statute of Limitations in Illinois requiring that motor vehicle accident claims be filed within a two year period after the accident, it is important to seek experienced legal guidance as soon as possible.

December 15, 2011

$36 Million Settlement Awarded in Fatal Commercial Vehicle Accident

Our Chicago accident lawyers recently read a report posted on WashingtonPost.com detailing the settlement of a fatal commercial vehicle collision between a charter bus and a semi tractor-trailer that took the lives of four individuals and resulted in 19 injuries. According to the report, the accident initially transpired in January of 2005 when a charter bus transporting a youth hockey team swerved off an interstate highway and collided into a tractor-trailer that was parked alongside of the highway.

Fatalities in the tragic accident included the 46 year-old coach of the youth hockey team, his 13 year-old son, a 50 year-old passenger of the bus, in addition to, the 42 year-old driver of the semi tractor-trailer. 19 passengers in the charter bus sustained additional devastating personal injuries which included but were not limited to: broken bones, brain trauma, and post-traumatic stress disorder.

Despite reports that the inexperienced 24 year-old charter bus driver was driving erratically before the collision and was suspected to be operating while fatigued, he has avoided facing criminal charges. The bus driver has pleaded guilty to violations that involved his commercial vehicle logbook. It was reported that the driver lied about previous travel hours he worked a few days earlier during another transportation job and failed to report these driver hours in his logbook. An additional violation included a $300 traffic violation for failing to stay in the proper lane.

As part of a series of lawsuits stemming from the fatal trucking accident, our Chicago truck accident attorneys read that a settlement has been reached in the first trial. $36 million settlement has been awarded to the accident victims and their families with two of the insurance agencies for the charter bus paying $22.5 million. An additional settlement contribution of $13.5 million will be issued by the three insurers for the truck operator and the trucking trailer owner.

Our accident lawyers in Chicago send their sincere condolences to the accident victims of this devastating accident and are pleased to read that they have received adequate compensation for the untimely death of four individuals and the debilitating personal injuries sustained by the 19 charter bus passengers. These types of accident lawsuits are often beneficial in ensuring that accident victims and their families are properly compensated for the various expenses that incurred as a result of the accident, in addition to, guaranteeing that wrongdoers are held accountable for their wrongful and negligent conduct.

December 14, 2011

National Transportation Safety Board Continues Push for Cell Phone Ban

Earlier this week, our Illinois trucking accident blog posted a report detailing an upcoming meeting held by National Transportation Safety Board members to determine the cause of a devastating 2010 multi-commercial vehicle accident that took the lives of two individuals and injured 38. The meeting also prompted that the National Transportation Safety Board members consider the proposal of new safety recommendations on the ever-present issue of distracted driving.

According to Lake County News-Sun online, the Board held an official meeting Tuesday and has since publicly released the safety recommendations they wish to address to drivers and legislators nationwide. The Board advocates that all 50 states, as well as, the District of Columbia implement a nationwide ban on using a personal electronic device while driving any and all types of vehicles. Our Chicago trucking accident lawyers read that this recommendation would prohibit driving while using electronic devices for non-emergency uses or reasons not essential to operating a vehicle.

With current statistics revealing that more than 3,000 individuals around the United States were killed last year as a direct result of accidents caused by driver distraction, the National Transportation Safety Board recommends that an advertising campaign be employed to garner public awareness of distracted driving, proposed electronic device ban, as well as, potential enforcement by local authorities. Despite the current ban upheld in Illinois that prohibits texting while driving and the use of cellular telephones in school and work zones, a majority of states around the country have neglected to establish comparable legislation.

As Chicago accident lawyers, our legal team maintains extensive first-hand knowledge and experience of the devastating results of motor vehicle collisions and have seen lives turned upside-down as the result of careless and negligent drivers. While many of the accidents that transpire on our busy Illinois roadways are often unavoidable, accidents caused by distracted driving is completely 100% avoidable. Even looking down for a quick second to read a text message or answering a cell phone call while driving can prove tragic or fatal for any driver, passenger, and/or surrounding motor vehicles.

Although it may not be easy to avoid the convenience that a cellular telephone provides during vehicle travel, our Chicago trucking accident lawyers urge all drivers to avoid this type of distraction at all costs. With countless lives prematurely ending as a result of these accidents each day, safe vehicle operation should always be a top priority for drivers of all types of motor vehicles.

December 13, 2011

Illinois Woman Injured in Semi Tractor-Trailer Collision

An Illinois trucking accident that transpired earlier today in Saline County has left one woman in critical condition, according to a report posted by WPSDLocal6.com. Illinois State Police revealed that the accident occurred around 3:30 p.m. on Illinois Route 34 at Mt. Moriah Road when a 42 year-old driver of a semi tractor-trailer collided into the rear-end of a passenger vehicle that was traveling north on Route 34. The 44 year-old passenger vehicle driver sustained personal injury that required advanced medical attention when she was rear-ended attempting to slow down to turn west onto Mt. Moriah Road. The accident currently remains under investigation and the semi truck driver has received a citation for failure to reduce speed to avoid an accident.

Any Chicago truck accident attorney will tell you that when any type of vehicle, particularly a semi tractor-trailer, fails to reduce speed in order to avoid an accident – the results are almost always disastrous and tragic. Under current Illinois Statute, failure to reduce speed to avoid an accident is considered a petty offense, one that can only be punishable by a fine of up to $1,000. Additional components of the Illinois Compiled Statutes governing Vehicle Codes provides further explanation on general speed restrictions for Illinois drivers:

“The fact that speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed under the following conditions:
- When approaching and crossing an intersection
- Approaching and going around a curve
- When approaching a hill crest
- When traveling upon any narrow or winding roadway
- When special hazard exists with respect to pedestrians or other traffic or by reasons of weather or highway conditions”

Furthermore, as applicable to the previously mentioned Illinois trucking accident, speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

Legislation by governing authorities concerning motor vehicle travel is enacted in order to help prevent accidents causing injury and fatality, in addition to, holding those who violate these regulations accountable for their actions. Unfortunately, in many cases, even if a fine is imposed for negligent driving that leads to an accident – no compensation is provided for accident victims who have incurred various medical expenses, lost wages, and physical and emotional pain and suffering.

If you have been injured Illinois auto accident, please contact our accident lawyers in Chicago to see what legal rights and relief may be available to you.

December 12, 2011

Chicago Heights Man Killed in Semi Truck Accident

The SouthTown Star posted an online report earlier today detailing the untimely death of a 72 year-old Chicago Heights man as the result of an Illinois trucking accident. According to Illinois State Police, the accident transpired near U.S. Route 45/52 and 2900 North Road near West Frankfort, Illinois. The 72 year-old man was traveling east when the vehicle failed to stop at the roadway’s intersection. An oncoming semi tractor-trailer traveling south subsequently struck the vehicle as it entered the intersection. The driver of the passenger vehicle was ejected from his vehicle upon collision and was pronounced dead the scene. The driver of the semi truck and his two passengers were uninjured in the accident which still remains under investigation.

Our Illinois truck accident attorneys know that despite frequent news reports each day about semi truck accidents resulting from truck driver negligence, often times the unsafe acts of passenger vehicle drivers causes these devastating accidents to transpire. Given that a majority of commercial vehicles are abundant in size (18-wheelers) as well as weight (80,000 pounds) any driver error can prove catastrophic. It is no surprise that when a collision occurs with a vehicle that weighs significantly more than an average automobile, the driver and the occupants of the passenger vehicle sustained the greatest personal injury and unfortunately in many situations, an untimely death.

In order to avoid another devastating Illinois trucking accident, our attorneys recommend that all passenger vehicle drivers adhere to the following safety guidelines when sharing the road with large commercial vehicles:

- Stay clear of truck’s blind sports:
- Keep an adequate following distance between your vehicle and the semi truck
- Always ensure there is sufficient space before passing a semi truck
- Avoid abruptly changing lanes in front of a commercial vehicle
- Always consider that a semi tractor-trailer requires significantly more time to come to a complete stop, given its size and weight

When proper steps are taken to avoid these potentially life-threatening accidents, the risk factors substantially decrease. Unfortunately, as we all know, motor vehicle accidents can occur unexpectedly -- even when a driver is operating safely. If you have been injured in an automobile accident, or have lost a loved one in a collision, please contact our attorneys at Levin & Perconti. Our experienced Chicago accident lawyers will provide a free initial consultation to see what legal rights, representation and relief may be available to you.

December 11, 2011

Fatal Distracted Driving Bus Accident Investigated

Within the upcoming week, members of the National Transportation Safety Board are set to meet in order to determine the cause of a devastating fatal commercial vehicle accident that transpired in 2010, which ultimately resulted in two fatalities and thirty-eight injuries. According to a report posted on STNOnline.com, board members will additionally consider purposed safety recommendations on the issue of distracted driving within the realm of commercial vehicles, particularly the school bus industry.

The multi-vehicle accident in question occurred on August 5, 2010 when a pickup truck rear-ended a stopped semi tractor-trailer on an interstate roadway. The initial crash caused a domino-effect of collisions which including two school buses transporting a high school band that were following from the rear. The first school bus collided into the rear of the pickup track, which was subsequently hit by the second school bus. As a result of the collisions, a 15 year-old passenger in the school bus and the 19 year-old driver of the pickup truck were killed.

Our accident lawyers in Chicago read that an initial investigation was conducted shortly after the accident by the National Transportation Safety Board and the state’s Highway Patrol. The preliminary report revealed that inattentiveness on behalf of the first school buses driver caused the initial collision, while close following distance between the first and second school bus caused the last rear end collision. Originally, the NTSB was looking into whether the use of safety belts for passengers in the school buses should have been used.

With over twenty-four students sustaining injuries, two requiring hospitalization, the deputy of director of the NTSB’s Office of Highway Safety released a statement after review of the accident stating that it was “inexplicable” why the driver of the first school bus failed to alter the vehicle’s travel path and adequately react to the slowing traffic on the roadway. Given evidence gathered since the accident last year, it is believed that the bus driver was texting prior to the fatal collision.

Distracted driving by commercial vehicle drivers is a commonly discussed issue on our Illinois trucking accident blog. Time after time, every Chicago truck accident lawyer at Levin & Perconti reads about or personally handles devastating accidents that are a direct cause of driver distraction. Any time any type of vehicle is operated by a driver who becomes distracted, commonly through cell phone conversations – verbal or texting, the risk for driving errors substantially increase. Distracted driving can be eliminated when drivers avoid multi-tasking and stay focused on safe travel.

December 10, 2011

New Year Brings Federal Interstate Cell Phone Ban for Truckers

Earlier today, STLToday.com posted a detailed story on their website describing the new federal interstate cell phone ban for commercial vehicle drivers and the overall effect it will ultimately have on drivers. According to the report, beginning January 3, 2012, all interstate semi truck drivers may be subject to severe federal penalties if they are caught by authorities communicating on their hand-held cellular devices during commercial vehicle operation. With the United States Department of Transportation expecting this new hand-held phone ban to affect nearly 4 million commercial vehicle drivers around the country, the government agency will impose civil penalties of up to $2,750 per violation and $11,000 for employers found in violation of the cell phone ban.

Our Chicago truck accident lawyers read that the federal interstate cell phone ban has brought on divided support from various trucking organizations with many either substantially for or against the federal rule. The Federal Motor Carrier Safety Administration revealed that this measure is needed based on the notion that a commercial vehicle driver who reaches for or dials a hand-held cell phone is significantly more likely to be involved in a collision. The Secretary for the Department of Transportation released a statement saying that by just reaching for a ringing cell phone makes a truck driver three times more likely to be involved in an accident or another vehicle mishap … just a few seconds of driver distraction can be deadly when large commercial vehicles are involved.

Despite countless support from government agencies and truck drivers, our Chicago trucking accident attorneys read that several independent truck driver groups believe that the rule is unfair, as well as, unnecessary. Naysayers believe that hand-held cell phone use is similar if not more distracting than truck drivers using GPS devices or citizen band radios that are commonly used in truck cabs and that the imposed fines and penalties are unreasonably harsh. Additional criticism points out that since the final rule does not lay out a concrete enforcement plan, it leaves commercial vehicle drivers open for “he said/she said situations” with local authorities on whether or not the driver was using their hand-held cellular device.

Regardless of the criticisms brought on by this new legislation, our Chicago accidents lawyers applaud the efforts of the United States Department of Transportation to make the roadways a safer place for all types of vehicles to travel. With over 5,500 fatalities resulting in 2009 from distracted drivers –according to the National Highway Traffic Safety Administration, any measure taken to eliminate this problem will ultimately prove to be exceedingly beneficial.


December 9, 2011

Illinois Truck Accident Lawsuit Filed After Fatality

Our Chicago truck accident attorneys read a report posted yesterday on the MadisonRecord.com detailing a recently filed Illinois truck accident lawsuit on behalf of the accident victim’s parents. Filed in the Madison County Circuit Court, the lawsuit alleges that the defendant truck driver illegal traveled through an intersection – ultimately striking and killing their son.

The Illinois trucking accident transpired in December of 2009 when the accident victim was traveling east on Illinois Route 140 through the intersection at Fosterburg Road in Alton, Illinois. As the victim approached the intersection, the defendant truck driver attempted to make a left-hand turn from the westbound lane causing the subsequent collision.

According to the news report, the complaint alleges that the defendant truck driver saw the victim’s vehicle approaching the intersection in the eastbound lane but still initiated the left-hand turn through the intersection and across the eastbound lanes of Illinois Route 140 even though there was not a green traffic signal permitting his vehicle to make the ultimately fatal turn.

Additional components of the complaint assert that the truck driver negligently failed to keep a proper lookout, failed to yield the right-of-way, failed to stop or swerve to avoid a collision, failed to keep his vehicle under proper control, failed to obey a traffic control device, in addition to, attempting to make a left-hand turn even though it was unsafe to do so.

As a result of their son’s death, the family seeks a judgment of more than $200,000 for loss of love, society, companionship, support, services and affection … plus additional costs and other relief the court deems just.

When an Illinois trucking accident takes the life of a loved result, the results can be catastrophic. During this time of mourning, families are often faced with severe and burdening medical and funeral expenses. Trucking accident litigation can provide beneficial aid to those whose lives have been turned upside down as a result of a negligent semi truck driver.

Every Chicago truck accident lawyer at Levin & Perconti maintains extensive experience handling any and all types of motor vehicle collisions, including those involving semi tractor-trailers. Recently, our attorneys obtained a $6.5 million settlement on behalf of the family of a 32-year-old Illinois woman who was killed at the hands of a negligent semi truck driver. During our thorough investigation, it was revealed that the semi truck driver was operating under the influence of marijuana, in addition to, an overloaded tractor-trailer.

If you or a loved one has been injured or killed in an Illinois trucking accident, please contact our Chicago accident attorneys to see what legal rights and relief may be available to you.

December 8, 2011

Chicago Truck Driver Ticketed in Semi Truck Rollover

Yesterday, Illinois Interstate 57 closed down for several hours after a destructive Illinois trucking accident. According to a news report posted on Daily-Journal.com, the accident occurred when a semi tractor-trailer hauling an 8,000 pound cargo of furniture rolled over near Bradley. The 36 year-old Chicago semi truck driver told Illinois police that the rollover resulted when he swerved his commercial vehicle in order to avoid a deer. An investigation into the accident revealed that the semi truck driver was driving too fast and lost control of his vehicle. The semi truck driver sustained mild injures that required additional medical attention. He has been cited for improper lane usage and a false log book.

Under regulations established by the Federal Motor Carrier Safety Administration, trucking carriers shall require all their employed commercial vehicle drivers to record his/her duty status for each 24 hour operational period. In order to comply with hours of service regulations, drivers are required to maintain a log book which tracks when the driver is off-duty, in the vehicle’s sleeper berth, driving, or on-duty and not driving. Additionally, the Federal Motor Carrier Safety Administration requires that truckers frequently update their logbooks and note any changes. In the event that the truck driver comes in contact with a law enforcement official, they are required to present their logbook on demand.

As you can see, truck drivers are held to strict regulations when it comes to hours of service and maintaining an up to date log book. Any Chicago truck accident lawyer will tell you that when a large commercial vehicle driver violates hours of service regulations or falsifies their logbook, the driver may be subject to severe and harsh penalty. These penalties range from drivers being placed out of service, fines issued by state and local enforcement, civil penalties issues by the Federal Motor Carrier Safety Administration ranging from $1,000 - $11,000 per violation, or even federal criminal penalties brought against the trucker and their carrier.

Truck drivers and their carriers are held to these strict regulations in order to avoid the severity that results from an accident involving an 80,000 pound commercial vehicle. In the event that a truck driver operated in a negligent fashion and an accident ensues, the driver and his/her carrier may be held liable for negligence. If you have been injured in an Illinois trucking accident, consult a Chicago truck accident attorney to determine if the truck driver and their trucking company can be held liable for your accident injuries and expenses.

December 7, 2011

No Charges Filed Against Truck Driver in Fatal Accident

A number of months ago, our Illinois trucking accident blog reported the devastating story of 5 year-old boy that was killed when a semi truck hauling a cargo of logs collided into his house. The latest report posted on WMTW.com states that no criminal charges have been filed against the 57 year-old driver of the semi truck. Although the driver of the semi tractor-trailer admitted to falling asleep behind the wheel when his logging truck tipped over onto a house – subsequently killing the 5 year-old boy who was asleep on the couch, the prosecutor in this case revealed that a reconstruction of the accident proved there was no basis for criminal charges.

Despite the tragic nature of this accident which caused additional injury to other individuals in the house, no criminal charges have been filed after it was proven that speed, roadway conditions, as well as, the condition of the truck did not play a contributing factor in the fatal collision. The prosecutor stated that in order for a charge of manslaughter to be filed, recklessness and criminal negligence must be proven -- which was not the case in this accident. The report states that the 57 year-old driver of the commercial vehicle has had no previous criminal record.

The news report does not confirm if the family of the accident victim wishes to seek civil litigation against the truck driver for his role in the fatal accident. From the perspective of a Chicago truck accident lawyer, the accident victim’s family may have a cause of action for a wrongful death claim. In Illinois, a wrongful death claim asserts that the death of an individual was caused by the wrongful act, either through negligence or default, of another.

Illinois statute also provides that those bringing about a wrongful death claim must prove that the negligent or default act would have entitled the injured party to seek legal relief to recover damages if premature death had not occurred, in addition to, proof that monetary damages have resulted from the victim’s death.

When a devastating accident caused by another’s negligence does not constitute criminal charges, civil litigation can provide adequate relief to those who have been harmed as a result of a negligent driver. If you or a loved one has been injured or killed at the hands of a negligent driver, please contact our Illinois trucking accident attorneys to see what legal rights may be available to you.

December 6, 2011

Two Injured in Ten Vehicle Collision in Palatine

An Illinois trucking accident involving ten vehicles transpired in northwest suburban Palatine earlier this morning – according to a report posted on SunTimes.com. At around 4 a.m. this morning, nine cars and a semi truck collided on southbound Route 53 at Northwest Highway. Although the cause of the accident remains unknown, Illinois State Police believe slick roadway conditions was the leading contributing factor in the multi-vehicle collision. Two of the drivers involved in the accident sustained non life-threatening injuries that required medical attention. The collision closed down lanes for several hours while roadway crews cleaned up the wreckage which allegedly involved the semi truck hanging over the edge of the highway.

Although the report does not confirm which of the ten vehicles involved in the collision caused the initial impact, research continuously shows that large commercial vehicles are highly susceptible to accidents due to adverse road conditions. In 2007, the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration conducted a Large Truck Crash Causation Study to examine the reasons for serious accidents involving large trucks. The study found environmental, as well as, driver factors plays a significant role in trucking accidents around the country. In 2007, over 32,000 truck accidents were attributed to truck drivers traveling too fast for roadway conditions and an additional 29,000 truck accidents were caused by environmental roadway problems.

Our Chicago truck accident lawyers know that the past few weeks have brought on an overabundance of adverse roadway conditions that make it difficult for drivers to safely travel. Now more than ever safety habits during vehicle operation must be implemented in order to avoid a devastating motor vehicle accident resulting in injury or even death. This winter, our attorneys urge readers to always reduce speed to adapt to roadway conditions, avoid driving fatigued, always ensure vehicle’s tire inflation, as well as, always wearing a safety belt. In the event that roadway conditions become too difficult for travel, avoid driving at all costs. It is better to be safe than sorry when it comes to travel during the winter months.

In the event that you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent driver, it is important to contact our experienced accident attorneys as soon as possible. Our accident lawyers in Chicago provide a free initial consultation to accident victims to help determine what legal rights and relief may be available.

December 5, 2011

Trucking Accident Results in One Injury

Our Chicago trucking accident attorneys recently read a report on PhillyBurbs.com detailing a garbage truck accident that sent one individual to the hospital. According to the report, the trucking accident transpired when a van collided into a passenger vehicle along an interstate highway. Upon collision, the passenger vehicle in turn collided into the rear of a garbage truck. The three-vehicle accident caused one of the drivers to be transported to a nearby hospital for minor injuries. Local authorities at the scene believe that the dense fog played a significant factor in the accident and no charges have been filed.

Throughout the United States, reduced visibility conditions brought on by the weather continue to be an increasingly common cause of motor vehicle accidents each year. According to the National Highway Traffic Safety Administration, adverse weather conditions cause an estimated 1,500,000 motor vehicle accidents each year, resulting in over 629,000 injuries and 7,100 fatalities.

Reduced visibility conditions include those involving fog, dust and/or smoke and can become extremely dangerous to roadway travelers. In recent years, fog has become the most prevalent cause of reduced visibility accidents due to the fact that foggy conditions often distort a driver’s perception of speed and distance.

According to the Federal Highway Administration’s Road Weather Management Program, not only does fog lead to reduced visibility for drivers, but significantly alters traffic flow and vehicle operation. Given the severity of reduced visibility conditions, it is no surprise that fog causes an estimated 38,000 motor vehicle accidents each year. Of the number of accidents attributed to fog, 15,600 result in personal injury, while 600 result in premature fatality.

In order to avoid a potentially fatal collision caused by reduced visibility conditions such as fog, our Chicago truck accident lawyers recommend that drivers follow the following tips provided by Weather.com:
- Travel with headlights on the low beam setting to avoid impaired visibility
- Reduce vehicle speed
- Use vehicle’s wipers and defrosters as necessary for maximum visibility
- Use road markings as your guide
- Remain patient and avoid passing other vehicles

Times of adverse weather conditions calls for drivers to exhibit the utmost standard of care when operating their vehicles in order to avoid harm to themselves, vehicle passengers, as well as, surrounding motor vehicles. Illinois trucking accidents caused by fog can be easily avoided when drivers take the proper steps to ensure travel safety.

December 4, 2011

New Safety Data Proves Need for New Trucking Regulations

A Chicago truck accident lawyer in our office recently brought attention to an article published on TruckingInfo.com detailing the release of the newest truck safety data and its effect on pending legislation concerning truck driver’s hours of service. Data gathered by the Federal Motor Carrier Safety Administration estimates that large truck accidents accounted for over 4,000 fatalities in 2010, a substantial increase in the 3,380 fatalities reported the previous year.

In light of these recent statistics, the Truck Safety Coalition issued a press release stating that that the latest data further supports the reformation of truck driver’s hours of service. The Truck Safety Coalition, which is a partnership between the Citizens for Reliable and Safe Highways (CRASH) Foundation and the Parents Against Tired Truckers (P.A.T.T.), says that the new data supports the firm positions of safety groups, families or truck crash victims, and labor to issue a safer alternative to the current truck driver hours of service rule in an effort to reduce driver fatigue.

According to their website, our Chicago truck accident attorneys learned that the Truck Safety Coalition is highly dedicated to: reducing the number of fatalities and injuries caused by large truck related crashes, providing compassionate support to truck accident survivors and the families of large truck accident victims, as well as, educating the public, policy makers, and the media about various trucking safety issues – such as the trucking industry’s current hours of service rules.

Under current hours of service regulations established by the Federal Motor Carrier Transportation Administration, property-carrying commercial vehicle drivers are regulated to various operational limits that include:
- 11 Hour Driving Limit: Drivers are permitted to drive a maximum of 11 hours only after they have received 10 consecutive off duty hours
- 14-Hour Limit: Drivers are not permitted to drive past the 14th consecutive hour after coming on duty, which must be followed by 10 consecutive hours off duty. The 14 hour limit is not extended during off duty
- 60/70 Hour On-Duty Limit: Drivers are not permitted to driver after 60/70 hours on duty within 7/8 consecutive days. A driver is permitted to restart a 7/8 consecutive day period only after taking 34 or more consecutive hours off duty.
- Sleeper Berth Provision: Drivers using their in-cab sleeper berth are required to take at least 8 consecutive hours, in addition to, a separate 2 consecutive hours either in the sleeper berth, off duty, or a combination of the two.

Our accident lawyers in Chicago commend the dedication of various agencies, such as the Truck Safety Coalition, in their efforts to garner nationwide attention to the severity of trucking accidents and jump-start legislative reformation on federal trucking laws.

December 3, 2011

Oak Forest Semi Truck Rollover Causes Traffic Delays

Yesterday, the Herald News reported an Illinois truck accident on Interstate 57 in Oak Forest, Illinois. During rush hour at around four in the afternoon, a semi truck hauling a cargo of steel rolled over on Interstate 57, subsequently blocking I-80 westbound ramp. Multiple lanes were closed for several hours in an attempt to clean up the wreck caused by the rollover. Local authorities state that only the driver of the commercial vehicle sustained injury that required medical attention – his current condition remains unknown. An investigation into the cause of the disastrous accident remains underway.

Our Chicago truck accident lawyers know that rollover accidents can be debilitating and life-threatening collisions that not only plague drivers of commercial vehicles, but a number of other types of passenger vehicles as well. Statistics provided by the National Highway Traffic Safety Administration reveal that there are more than 280,000 rollover accidents that occur each year, with over 10,000 fatalities resulting. In the last few years, progressively more commercial vehicles have been involved in rollover collisions. This is due to the fact that semi truck’s often carry heavy loads weighing up to 80,000 pounds that makes the vehicle significantly more top heavy – causing rollover accidents due to the off-balance center of gravity.

When these types of accidents transpire, it is important to look at a number of factors, such as the truck’s driver, the commercial vehicle, as well as, the roadway itself, to determine the cause of the rollover accident. Often times, the semi truck drivers handling of a commercial vehicle plays a significant role in the occurrence of a rollover accident. According to Triodyne.com, an engineering firm that specializes in the safety of mechanical devices, some of the most common contributing factors exhibited by semi truck drivers in a rollover collision include:

- Maneuvering a curve at an excessive speed
- Lack of awareness for commercial vehicle’s limitations
- Lack of anticipation for sharpness of curve
- Failure to adhere to posted speed limits
- Impairment by fatigue, alcohol, drugs, eye-sight or other
- Operated in a reckless, angry or other emotional way

Unfortunately, many times drivers of large commercial vehicles are unaware that the trailer they are hauling is about to rollover until it is too late. Our Chicago trucking accident lawyers continue to urge drivers of all types of vehicles, especially heavy trucks, to exercise the utmost safety standards during vehicle operation in order to avoid the reoccurrence of these types of severely dangerous rollover accidents.

December 2, 2011

Chicago Truck Accident Lawyers Provide Tips for Winter Travel

With the winter months upon us, our Chicago truck accident attorneys could not think of a better opportunity to provide our readers with safety tips for winter travel. The state of Illinois is notoriously known nationwide for the immense traffic and unfortunate collisions that plague our roadways and interstate highways. Regrettably, these factors substantially increase during times of adverse weather conditions and questionable roadway circumstances. Often times, these accidents are commonly attributed to collisions involving semi trucks or other types of commercial vehicles given the increase difficulty to adequately maneuver 80,000 pound vehicles during icy conditions.

In order to make our roadways a safer place to travel and decrease the number of collisions this winter, each Chicago truck accident lawyer at Levin & Perconti recommends that drivers of all types of vehicles follow these simple safety tips provided by TravelSense.org:
- Routine Vehicle Maintenance: Drivers should always keep up to date on routine vehicle maintenance, such as proper tire inflation. It is also important to ensure the vehicle’s defrosters are in proper working condition.
- Know of Weather Conditions Before Travel: Drivers should always check weather conditions before embarking on their travel journey in order to avoid potentially dangerous weather conditions such as a blizzard, hail, or frozen rain.
- Keep a Winter Safety Kit: Drivers should keep a winter safety kit in their vehicles during travel in case of an unexpected or unavoidable circumstance. The safety kit should include: an ice scraper, jumper cables, flashlight, blankets, first aid kit, as well as a portable radio. Additionally, drivers should always ensure a cell phone is kept on hand in case of emergencies.
- Make Frequent Rest Stops: Winter driving causes substantially more fatigue than during other seasons. When traveling long distances, it is important to make frequent stops to take a break and stretch your legs. Although frequent stops increase overall travel time, it will significantly improve driver alertness and prevent potential collisions.
- Allow Enough Time for Travel: The last important safety tip for drivers is to make sure enough time is given for travel. With adverse roadway conditions, driving at a reduced speed than normal is not only encouraged, but a necessity in order for safe travel.

Our Chicago accident lawyers know it is no secret that winter and holiday travel can be an unpleasant and stressful experience. However, when safe travel habits such as the ones previously mentioned are implemented, it helps prevent potentially dangerous situations for you and your loved ones.

December 1, 2011

Lawsuit Filed in Trucking Accident that Injured Three

A truck accident lawsuit has been filed on behalf of a woman and her two children who were struck by a tow truck in an accident that transpired early last year. VCStar.com reports that the accident occurred in August 2010 when the tow truck driver struck a woman while she pushed her two children in a stroller across a crosswalk. Upon striking the victims, the tow truck continued travel even though the stroller containing the two children was caught under the truck’s bumper. Multiple motorists at the scene of the accident made several attempts to get the tow truck driver to stop. Fortunately, no fatalities resulted in this devastating collision, although the accident victims did sustain severe, as well as, long-term injuries.

Filed yesterday, the lawsuit charges both the defendant tow truck driver, as well as, his two trucking companies with negligence, battery and assault. During the investigation, our Chicago truck accident attorneys read that it was revealed that the truck driver was not only an illegal immigrant, but has maintained a 25 year criminal history. Some of the tow truck driver’s prior convictions include both drug abuse and traffic violations. The driver was also on parole at the time of the tragic collision. In addition to being named defendant in this personal injury lawsuit, the tow truck driver is currently incarcerated pending trial for driving under the influence of alcohol, causing an injury, and leaving the scene of an accident.

Victims of these types of devastating accident are often able to seek legal relief from the damages they have incurred as the result of another’s negligence. Through civil litigation, truck accident attorneys can help compensate accident victims and their families for the harm they have sustained due to any and all types of motor vehicle accidents. These damages commonly include, but are not limited to: cost of medical expenses, loss of wages, physical and emotional pain and suffering, in addition to, punitive damages that aim to punish the wrongdoer’s negligent behavior.

Those who knowing commit negligent acts, whether it be the truck driver or their trucking carrier, must be held legally liable for the harm they have carelessly inflicted on their accident victims. In these types of complex cases, it is important to seek legal aid from experienced Chicago accident attorneys. If you or a loved one has been injured or killed in a motor vehicle accident, please contact our Chicago truck accident lawyers to see what legal rights and relief may be available to you.