Reports about trucking accidents are always difficult to read because all too often these accidents could have been prevented. As our state is a major hub for businesses, trucks are constantly en route to transport goods, equipment, etc. for businesses and their services to operate. However, whether we are driving for business or driving for our own leisure, we as drivers have a legal duty to be safe and always use caution. Where negligence causes injury or death to others, reckless drivers can be held liable through personal injury or wrongful death lawsuits.
According to an article by The Telegraph, a semi-truck overturned on Illinois Route 140 causing the death of another driver. The accident occurred at 6656 Illinois Route 140, just a little east of Illinois Route 159. The semi-truck, which was transporting milk, rolled over onto an adjacent SUV, causing the death of the driver. The semi-truck driver provided testimonial to the Illinois State Police and local fire department, saying that the tailgate of another truck heading west fell into the eastbound lanes. He says that his own truck “bounced” over the tailgate, causing him to slide in the field nearby, and that as he slid, his own truck rolled over on top of the SUV.
While the driver of the township truck says that his vehicle has not had any previous issues, this is likely a factor that would be brought before the court when determining negligence. Logical thought tells us that parts of vehicles don’t “just fall apart.” Normally, this would mean that they are lacking in care, upkeep, or inspection, and had the vehicle been attended to, the faulty part would have been known by the driver or employer company. Under tort law, there is a theory known as “res ipsa loquitur,” which translates to “the thing speaks for itself.” This means that an event would not have occurred but for someone being negligent. While all of the facts of this present accident are not known, and it is not clear which, if any, parties were negligent, analysis like this is likely to come into play in a lawsuit.
On the same note, we have continually stressed that it is a driver’s legal duty to be safe and not be the cause of injury or death to others. While this is true, it not only includes safe driving, but operating a safe vehicle and properly maintaining it. Even if someone uses safe driving skills, they are still an unsafe driver and a danger to others where they operate a vehicle that is not functioning properly or in good working condition.
If you have been injured or lost a family member in a truck accident, you need legal counsel from someone reliable and experienced in the field so that you can obtain the compensation that you deserve. Our attorneys have represented families in truck accident lawsuits for over 20 years and have helped many injured plaintiffs achieve fair and just verdicts and settlements. Call our firm for a free consultation, and we may be able to help you.