There is a two year time period to file a suit after a truck accident in Illinois, referred to as the statute of limitations, although there are some exceptions to this timeline.
While semi-tractor trailer trucks have benefitted the growth of the transportation industry, they do not come without risks to other passenger vehicles sharing roadways with these enormous vehicles. The Fatality Analysis Reporting System (FARS) is a national census of motor vehicle crashes that result in a fatality to a motor vehicle occupant, or a non-motorist. Even though crashes involving heavy vehicles are recorded, model years of trailers are not provided, making it hard to determine if the trend in upgraded tractor trailer vehicles is causing a reduction in the number of roadway fatalities involving tractor trailer trucks in Illinois. For example, underride accidents with passenger vehicles may be less fatal with the newer trucks that have underride guards, even though passenger cars are typically lower to the ground and may still be more apt to experience under-ride. Talk to a truck accident attorney to determine if you have a case for damages resulting from a tractor trailer mishap in Illinois.
Illinois crash information
According to data from the Illinois Department of Transportation, there were 319,146 crashes involving motor vehicles in 2018. Injury crashes accounted for 21.1% of these crashes (67,453), while fatal crashes (951) accounted for less than 1% of these crashes. Crashes involving tractor-trailers accounted for 3.8% of overall crashes, 11.1% of fatal crashes and 3.1% of injury crashes. Much of the time the accident is not the fault of the truck driver, although they may be found negligent for certain types of violations.
Federal and state laws are in place to protect passengers from illegal truck activities that would make roadways more dangerous. Other activities include common violations such as:
- Improper Maintenance – brake problems high on the list,
- Driver Fatigue – prescription drug use, over the counter drug use may be factor,
- Distracted Driving – increased use of technology may be a factor,
- Reckless Driving – traveling too fast for conditions, or causing traffic flow interruption,
- Overweight Cargo – problems with wheels and tires often occur, as well as rollover, and jackknife situations,
- Commercial Company Negligence – driver pressure to meet delivery deadlines may cause violations of federal laws for driver hours,
- Unsecured Loads – flying debris,
- Driving in Extreme Weather – unfamiliar with roadway, or roadway construction may exacerbate driver dangers,
- DUI Violations.
At fault negligence state
Illinois is a “fault,” state with regard to auto accidents, and requires drivers to carry a minimum amount of property damage and liability insurance. Accident victims have the right to pursue a personal injury, or property damage claim against an at-fault driver. This is referred to as filing a “third-party” claim. The State of Illinois follows the modified comparative negligence rule, where an individual recovers damages if they are 50% or less at fault for an accident. However, if they were more than 50% at fault, damages will not be recoverable from the other driver.
Time to file a claim
There is a two year time period to file a suit after a truck accident in Illinois, referred to as the statute of limitations, although there are some exceptions to this timeline. A truck accident attorney at Dinizulu Law Group can build a case for damages within the statute of limitations after a truck accident impacts a victim’s life, causing them catastrophic, or chronic bodily harm, and/or fiscal devastation related to the accident.
Hire a lawyer
If you have suffered bodily injury, property damage, or lost a loved one in a tractor trailer accident near Chicago, Illinois, it is important to seek legal counsel as soon as possible. Call Dinizulu Law Group, Ltd. today for guidance on your rights, insurance filing requirements, and legal options toward damage compensation through personal injury, or wrongful death actions.