FAQ for Chicago Truck Accident Lawyer
Below are some answers to common questions about trucking accidents, answered by an 18 wheeler accident attorney in Illinois from Power Rogers & Smith.
- Who can sue in a truck accident injury or death case?
- Who can be sued in a truck accident case?
- Is investigation important in a truck accident case?
- Are witnesses necessary?
- What damages can I recover or the survivors of a loved one recover in a truck accident injury or death case?
- How long do I have to file a lawsuit?
- Why should I hire a Chicago truck accident lawyer in a trucking case?
- How quickly should I contact a truck accident lawyer in Illinois?
Who can sue in a truck accident injury or death case?
The injured victim and their spouse. In a wrongful death action, the legal representative for the family can bring a claim or suit against the truck driver and trucking company.
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Who can be sued in a truck accident case?
The driver, owner of the tractor, owner of the trailer, the company identified on the trailer even if other than the owner and driver. In some circumstances, the loading facility that placed the contents in the trailer and possibly the owner of the contents of the trailer can also be sued. There also may be other defendants your Chicago truck accident attorney will need to identify as playing a role in the collision.
Is investigation important in a truck accident case?
A thorough and proper investigation is critical in truck cases. Drivers must keep a log and by law may only drive a certain number of hours per day. Therefore, it is important to establish whether the log was properly kept and whether the driver was within the allotted hours of driving time when an accident occurred. Violation of these standards may impose additional liability on the truck driver. They can be difficult to discover if not investigated immediately.
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Are witnesses necessary?
Most trucking cases should have experts to assist with an investigation and to analyze the information for potential testimony on liability. It is also important to employ experts in order to establish that safety inspections and driving logs were properly kept.
What damages can I recover or the survivors of a loved one recover in a truck accident injury or death case?
In a death case, the family would be allowed to recover damages for their loss of care, comfort, guidance, and support provided to the family members by the deceased. In addition, they would be allowed to recover any medical bills and the loss of earnings.
In a personal injury case, the injured victim can recover for pain and suffering, disability, emotional distress, loss of earnings, loss of earning capacity, and any medical bills and expenses. Illinois truck accident attorneys of Power Rogers & Smith will be able to provide skilled legal advice to you and your family.
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How long do I have to file a lawsuit?
The statute of limitations in Illinois for a personal injury claim or wrongful death case for a trucking case is two years, but could be as little as one year for other potential defendants; therefore immediate consultation with an attorney is strongly recommended. The attorneys of Power Rogers & Smith have 25 years experience in winning Illinois truck accident lawsuits for their clients.
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Why should I hire a Chicago truck accident lawyer in a trucking case?
Truck accidents can be the most complicated and aggressively defended cases because of the parties involved. Therefore, having legal representation is extremely important to ensure the proper parties are involved and all claims are vigorously pursued. It is also important that you hire a Chicago truck accident lawyer as soon as possible so that critical evidence is not lost or destroyed.
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How quickly should I contact a truck accident lawyer in Illinois?
You should contact an Illinois truck accident lawyer as soon as possible. The risk of not contacting an attorney is that critical evidence to establish negligence may be lost of destroyed. The longer you wait to retain an attorney, the more difficult it may be for an attorney and their investigators to gather evidence.
