While we often discuss personal injuries and wrongful death resulting from collisions with large trucks like semis and tractor-trailers, it is important to remember that accidents can and do occur with trucks of all types, not just commercial ones. Furthermore, trucks of all types are significantly larger than typical passenger vehicles, and for this reason the injuries suffered from these collisions are often serious or fatal.
In the town of Sugar Grove, a suburb of Chicago in Kane County, a garbage truck and minivan collided, according to recent news by CBS Chicago. According to the Kane County Sheriff’s police, the minivan driver was headed east on U.S. Route 30 at 7:30 in the morning and crossed to the westbound lane for unknown reasons. At the same time, a Waste Management garbage truck was heading west and had to suddenly veer to attempt to avoid a collision, but veered into the eastbound lane. The vehicles collided, and the collision caused the minivan to roll over.
The article states that neither driver has been issued any traffic citations, and that the cause of the crash is still under investigation. In incidences like these involving serious personal injuries or death, courts can find negligence on behalf of both drivers under a tort law theory called comparative negligence. According to Cornell University, comparative negligence is a rule used for allocating damages when both parties are somewhat at fault for an accident. In these situations where both a plaintiff and defendant were negligence, juries often allocate a percentage of fault to both parties. Then, each party pays a share of the other’s damages.
Remember that there are many ways that accidents can be avoided. When a crash occurs, there are many actions that can contribute to the cause of a crash that if they had not occurred could have helped prevent a collision and resulting personal injuries. Some of these behaviors include excessive speeding, following too closely, or distracted driving. For instance, excessive speeding often leads to collisions, whether directly or indirectly. Consider, hypothetically, in this accident if the garbage truck had been speeding; if the driver was not speeding, they may have not had to veer so sharply as to go into the opposing lane of traffic. Excessive speeding results in poor reactions in emergency situations. When speeding, drivers cannot properly respond to impending danger because they often lose control of their vehicle or cannot react in time.
To prove that negligence and fault was not of your own, it is important to seek the help of an experienced attorney. Our law firm has handled all types of personal injury lawsuits and garnered experience since we opened in 1992. If you have been seriously injured or lost a loved one in an accident, we would be happy to talk to you in a free consultation. Call us today, and we can discuss your legal options with you and potentially help you with your case.