Truck accidents in Elgin are known to be catastrophic and can have long-lasting effects on the lives of those involved. They often result in severe injuries, extensive property damage, and emotional trauma.
If you have been injured by a negligent trucker, our team is ready to fight for the justice you deserve. With our experience, we can help determine the cause of your accident and who should be held liable. Truck accident lawsuits usually have levels of complexity not found in typical car accident cases. This is because the relationship between the driver, the trucking company, and the services they provided when the accident occurred can have an immense impact on your case.
For a free case assessment with our truck accident attorneys, call Rhatigan Law Offices at (312) 578-8502.
Common Types of Trucks that Cause Accidents in Elgin, IL
Truck accidents can be particularly devastating because of the size and weight of these vehicles. In Elgin, IL, various types of trucks can be found on the roads, each posing its own unique set of risks. Fortunately, our truck accident attorneys have the experience to help you regardless of the truck that injured you. Often, the most challenging process is determining the liable parties. The following are trucks most likely to cause an accident in Elgin:
Tractor-trailers, also known as semi-trucks or 18-wheelers, are a common sight on the highways in Elgin. Because of their immense size and weight, accidents involving tractor-trailers often result in catastrophic injuries and significant property damage.
Liability in tractor-trailer accidents can be complex, as multiple parties might share responsibility, including the truck driver, trucking company, maintenance provider, or even the manufacturer of defective parts. Determining liability in these cases requires a thorough investigation of factors such as driver negligence, improper maintenance, or violations of federal trucking regulations.
Garbage trucks often operate in residential areas in Elgin, making frequent stops and maneuvering through narrow streets. Liability in garbage truck accidents might rest with the driver, a waste management company, or even the municipality responsible for garbage collection services.
Amazon Delivery Trucks
With the rise of e-commerce, Amazon delivery trucks have become an increasingly common sight. These trucks are often operated by independent contractors hired by Amazon but do not work for Amazon directly. This means that if an accident occurs involving an Amazon delivery truck, liability might fall on the driver or the contracting company, but Amazon is usually protected from lawsuits because of this business arraignment.
Tow trucks are essential for removing disabled or illegally parked vehicles from the road. However, accidents involving tow trucks can occur because of the tow truck driver’s negligence or improper towing techniques.
While the driver will usually be held accountable, the towing company might also be liable. Most businesses are legally responsible for the actions of their employees while they are performing their job duties.
Mail Delivery Trucks
Mail delivery trucks, operated by postal workers or contracted delivery services, are another source of accidents in Elgin. These accidents are typically caused by driver fatigue, distracted driving, or improperly loaded mail. These cases can be challenging since suing an organization like the United States Postal Service often requires overcoming additional hurdles to filing a lawsuit.
Rental Moving Trucks
Rental moving trucks are often driven by individuals unfamiliar with operating large vehicles. Lack of experience or improper loading of cargo can easily contribute to accidents involving rental moving trucks.
The driver will usually be liable for their negligence, but the rental company might also share the blame for failing to provide adequate instruction or vehicle maintenance. It is important for victims of rental moving truck accidents to gather evidence, including rental agreements, maintenance records, and witness statements, to build the strongest case possible.
Dump trucks are commonly seen in construction areas and are responsible for transporting and unloading materials. Accidents involving dump trucks typically occur because of driver negligence, improper loading or securing of materials, or failure to properly maintain the vehicle’s brakes or other critical components. If the driver responsible for loading the truck works for a company rather than being an independent contractor, both parties might be held liable for your damages.
Fire engines play a critical role in emergency response, but their large size and weight can increase the risk of accidents. However, liability in fire engine accidents is a complicated issue. It usually depends on various factors, such as whether the vehicle was responding to an emergency, whether the driver was negligent, or whether the accident occurred because of a mechanical failure. Fire engine accidents also involve unique legal considerations, as different rules and standards apply when emergency vehicles are involved in a lawsuit.
Time Limit to File a Truck Accident Lawsuit in Elgin, IL
If you are injured in an Elgin truck accident, you only have a limited amount of time to file a lawsuit according to Illinois’s statute of limitations. Under 735 I.L.C.S. 5/13-202, you have two years from the date of the accident to file a claim for any injuries sustained in the crash.
However, waiting too long to collect evidence can significantly hurt your chances of getting the compensation you deserve. As time passes, witnesses’ memories can fade, and their accounts of the accident could change. Additionally, video footage from traffic or security cameras might be erased or overwritten, making it more challenging to piece together the events of the accident.
Even physical evidence, such as scars and injuries, can fade over time, making it harder to prove the seriousness of your injuries without proper documentation. Therefore, it is crucial to act quickly if you have been in an accident.
Evidence Used to Prove an Elgin, IL Truck Accident Lawsuit
Truck drivers are required to maintain detailed logs and records of their driving activities, including hours of service, rest periods, and any violations of federal regulations. These records can help establish if the driver was fatigued, violated rest requirements, or engaged in other negligent behaviors.
Trucking companies are also responsible for properly maintaining their vehicles to ensure they are safe for the road. Maintenance and inspection records can provide evidence of any neglected repairs, faulty equipment, or violations of safety protocols. Demonstrating a lack of proper vehicle maintenance can be instrumental in establishing liability against the trucking company.
Lastly, many commercial trucks are equipped with event data recorders, commonly referred to as “black boxes.” These devices capture critical information about the truck’s operations leading up to an accident, such as speed, braking, and engine performance. Retrieving and analyzing black box data provides objective evidence regarding the truck’s actions that courts tend to trust.
Our Elgin, IL Truck Accident Lawyers Can Help
Our truck accident lawyers at Rhatigan Law Offices can provide you with a free case review by calling us at (312) 578-8502.