By Dan Noll on September 30th, 2024 in Semi-Truck Accidents
Having Difficult Understanding the Process of Filing a Truck Accident Claim in Illinois? Springfield Trucking Accident Lawyers Explain
Truck accidents are often devastating, often resulting in severe injuries that are disabling, life-changing, and sometimes life-threatening. Indeed, statistics reveal that large commercial trucks accounts for approximately 6,000 traffic fatalities and almost 120,000 traffic injuries each year in the United States. Victims who have been injured in a trucking accident will usually follow the same type of claims process as a claim for car accident or another type of auto accident. However, the Springfield trucking accident lawyers at the Noll Law Office know that there are some different issues that make trucking accident claims much more complicated than regular auto accidents. Unfortunately, understanding the process of filing a truck accident claim can be confusing and even daunting – especially if you have been seriously injured in a crash.
But at the Noll Law Office, their compassionate and experienced legal team can help victims and their families learn more about their rights to compensation during a free consultation. Both Sarah Noll and Dan Noll offer dedicated legal representation to their clients, rather than a cookie-cutter approach that other large law firms use to churn-and-burn files. That’s why if you or a loved one were injured in any type of serious or catastrophic trucking accident in Illinois, ask the skilled team of lawyers and legal professionals at the Noll Law Office how you can recover compensation for your damages. Schedule your free appointment today by dialing (217) 414-8889.
Understanding the Process of Filing a Trucking Accident Claim
There are many steps to filing a trucking accident claim in Illinois. Some are very similar to regular auto accidents, but others are not. In fact, some steps can be more complicated and they have greater stakes. That’s because trucking companies are always looking to minimize the amount of compensation that they may owe to victims and their families.
Some of the most important steps in the process of filing a trucking accident claim in Illinois that an experienced Springfield trucking accident at the Noll Law Office can help you handle include the following:
Immediate Actions Following a Truck Accident
The moments immediately following a truck accident are critical for several reasons. Most importantly, your priority should be ensuring your safety and the safety of others involved – especially if you have any children, elderly adults, or if someone in your vehicle has been seriously injured in the crash. Call 911 right away to get the police to come and secure the scene, while also requesting EMTs to evaluate all people for personal injuries – even if you do not believe you have been seriously injured, because some injuries may not be immediately obvious but can still be life-threatening.
While at the scene, if you are able, collect as much information as possible. This includes taking photos of the accident scene, vehicle damage, signage, debris fields, and any visible injuries. Obtain contact and insurance information from the truck driver and any witnesses, as well as any businesses or residences that may have seen the accident or who may have surveillance cameras (like video doorbells and motion cameras). However, it is important to avoid admitting fault or discussing the details of the accident with anyone.
Reporting the Accident
In Illinois, you are required to report certain auto accidents resulting in injury, death, or property damage exceeding a certain amount within 10 days. This report serves as an official record of the incident and can be valuable evidence in your claim. Be factual and concise when providing information for the report, and request a copy for your records. Ideally, already have a trucking accident lawyer on your side who can represent you to protect your rights.
Seeking Legal Representation
Truck accident claims are often more complex than typical car accident cases due to the involvement of multiple parties, including the truck driver, trucking company, and potentially equipment manufacturers. Engaging an experienced Springfield trucking accident lawyer early in the process can significantly improve your chances of a favorable outcome while maximizing the amount of compensation that you may be entitled to under the law.
Your attorney will help you navigate the legal complexities, protect your rights, and ensure you do not miss important deadlines – such as the statute of limitations. They will also handle communications with insurance companies and other parties involved, allowing you to focus on your recovery while they work to recover compensation for you and your family.
Steps that a Springfield Trucking Accident Lawyer Can Take for You
In understanding the process of filing a truck accident claim, there are certain steps that a trucking accident lawyer can take to help you and your family. The most common steps in the process include the following:
Investigating the Accident
A thorough investigation is crucial to building a strong truck accident claim. Your attorney will work to gather and preserve evidence to help support your claim of liability against a defendant, your damages, your future needs, and other legal claims.
What is unique to a trucking accident case but not most other auto accidents, is that your trucking accident lawyer will also need to move fast to preserve a truck’s black box, or ECM, data recorder information. This can help your case as it records speed, direction, lights, and other critical data to help determine whether a truck driver was safely operating his or her motor vehicle.
Working With Liability Experts
Liability in truck accident cases can be complex, as multiple parties may share responsibility – including some parties that you may not even be aware of as having fault. Your attorney will work to identify all potentially liable parties, which may include the truck driver, trucking company, cargo loaders, maintenance providers, or equipment manufacturers. Sometimes experts are used to help support liability claims, including the investigation. They could be engineers about how a vehicle was working, accident reconstructionists, or regulatory experts.
Calculating Damages with a Medical Expert or Treating Physicians
Accurately assessing the full extent of your damages is crucial to ensure you receive fair compensation. Sometimes your attorney will use medical experts to help support your case, especially if your future injuries are very severe. Your attorney may also rely on your treating physicians as well to help support a claim. In addition to these experts, sometimes a life care planner, economist, vocational expert, or another professional is used to help support a case.
Negotiating with Insurance Companies
Once your attorney has built a strong case by collecting evidence, having experts review it and form and opinion, and by reviewing the law as it relates to your specific case, they will typically begin negotiations with the insurance companies representing the liable parties. Sometimes this is done through a settlement demand, or another similar letter. It is important to remember that insurance adjusters often aim to minimize payouts, so only your lawyer should be the one to engage in this type of negotiation because if you make mistakes in what you present to the insurance carrier, you may end up receiving less compensation.
Filing a Trucking Accident Lawsuit
If a fair settlement cannot be reached through negotiations, your Springfield trucking accident lawyer may recommend filing a lawsuit. In Illinois, the statute of limitations for personal injury claims, including truck accidents, is generally two years from the date of the accident. However, there can be exceptions, especially when there may be municipal defendants, therefore it crucial to consult with an experienced trucking accident lawyer as soon as possible.
Filing a lawsuit does not necessarily mean your case will go to trial. Many cases settle during the litigation process as more information comes to light through discovery, after motion practice, or even pre-trial right when the witnesses are being prepped – sometimes even when a jury is being picked. Your attorney will continue to negotiate on your behalf throughout this process.
Trial and Resolution
If your case proceeds to trial, your attorney will present your case to a judge or jury, arguing for your right to compensation based on Illinois law. Your trucking accident lawyer will call witnesses, present evidence, and make compelling arguments on your behalf in order to maximize your potential recovery. Following the trial, a verdict will be reached, determining liability and any compensation awarded. Sometimes there are appeals, other times there may be just post-trial motions. In any event, it is always important to protect your rights to compensation by having a skilled trucking accident lawyer represent you and your family.
Still Not Understanding the Process of Filing a Truck Accident Claim in Illinois? Call the Noll Law Office
If you or a loved one were seriously injured in a trucking accident anywhere in Illinois, call the Springfield trucking accident lawyers at the Noll Law Office to schedule your free consultation. Understanding the process of filing a truck accident claim is much easier when you have Sarah Noll or Dan Noll explain the steps, what your rights are, and how they can help you protect your rights. To learn more about what compensation you may be entitled to under Illinois law, call now to schedule your free consultation by dialing (217) 414-8889 or by sending an email today.