In 2021, Chicago truck crash lawyers handled 128 fatalities due to semi-truck collisions. Those numbers rise yearly, delivering thousands of injuries and disabilities. Specifically, Madison Street and Ashland Avenue intersection recorded the highest number of reported motor vehicle collisions. Given the high casualty count, personal injury lawyers are tasked with helping victims seek justice after a traumatic incident. Regardless of the severity of injuries, lawyers aid victims in filing insurance claims and suing negligent parties. The following overview describes how your legal team will approach the claims process.
1. By Dealing With Truck Insurance Companies
Insurers are usually the first port of call after a truck collision, but Chicago law makes that process relatively impenetrable. Illinois relies on a traditional fault-based or tort liability system. That means that those who cause truck accidents are responsible for covering them. You can’t rely on insurers to handle every claim as you might in no-fault states.
Insurers can, nonetheless, be held liable in some instances. If so, your lawyer will deal directly with the relevant insurance company to maximize your coverage. Their legal knowledge will support a strong negotiation that can yield better results than you can achieve on your own. Laypeople must realize that insurance compensation is negotiable, which is an excellent way to cut legal fees. Still, there’s a limit to the compensation you can claim from such businesses, so your attorney might suggest you claim damages from two or more third parties.
2. By Proving Fault
The cause of truck accidents isn’t always immediately apparent. The at-fault driver might have broken lesser-known regulations and codes that require evidence to prove. At other times, their employer will be a causative factor because unreasonable deadlines and poorly-managed work hours cause many truck accidents. Your attorney will investigate these possibilities and build a case that maximizes your compensation in some cases, which will entail building a case against auto manufacturers, fleet managers, and other third parties.
3. By Leveraging Comparative Negligence Laws
Illinois has comparative negligence laws, which means if you’re 49% at fault for your accident, you can still claim compensation. A lawyer must thus improve recovery rates by supporting the victim’s degree of fault. If they can prove the defendant was 100% responsible for the accident, the victim can draw 100% of the compensation awarded by the courts.
4. By Reviewing Your Rights
Truck accidents are often more complicated than car collisions. Establishing liability requires your lawyer to address every enterprise, employer, and driver contributing to your injury. This is tricky terrain for a layperson, so before your lawyer goes ahead with your case, they’ll review your rights with you as they relate to third-party participants. This allows you to consider a case’s potential benefits before spending money on it. An educated decision is a good decision, after all.
5. By Performing Thorough Discovery Work
Your lawyer will conduct on-site visits and in-person investigations, often with the support of private investigators. They’ll also collect police reports, speak to medical professionals, and plan interrogations. Your lawyer will pursue a case with the at-fault driver by proving four important facts:
- The defendant owed the plaintiff duty of care
- The at-fault driver breached that duty.
- The breach caused the accident.
- The plaintiff experienced legitimate harm.
Lawyers in at-fault states must produce a level of evidence that no-fault states rarely need to bother with. The causes of truck accidents aren’t always obvious, so meticulous research and data collection are necessities. Your lawyer will need to go beyond mere witness statements and police reports.
Over 90% of truck accident injury cases are settled out of court, and far too many victims accept less than they’re due. Your lawyer will ensure a fair settlement by correctly evaluating the harm you’ve suffered, including your productivity losses, future treatments, and psychological distress. Representing yourself in a personal injury case opens you up to exploitation, so always ensure you have a professional.
