18-Wheeler Accidents in Cass County Should be Handled by a Virginia Trucking Accident Lawyer at the Noll Law Office
Innocent people injured in an 18-wheeler wreck in Cass County should call the Virginia trucking accident lawyer at the Noll Law Office to schedule a free consultation. Commercial truck accidents remain one of the most devastating types of vehicular incidents on American roads, including right here in Illinois. According to national statistics, each year there are almost 6,000 fatalities and 120,000 injuries caused by traffic accidents involving large commercial vehicles like tractor-trailers and buses. In just Illinois, these commercial vehicle crashes accounted for almost 12,500 traffic accidents resulting in close to 2,000 injuries and 160 wrongful deaths. Even though liability in many of these semi-tractor trailer and big rig crashes were clear, many defense lawyers and insurance adjusters fight particularly hard to prevent their clients from having to pay out on a claim. Sadly, this means that many victims who are entitled to compensation may not recover what they deserve under Illinois law.
Here at the Noll Law Office, their compassionate legal team does not think that is fair. That’s why their Virginia trucking accident lawyer works tirelessly to ensure that victims and their families are not short-changed by greedy and overreaching insurance companies or defense law firms. And unlike other personal injury lawyers, their fifth-generation lawyers truly understand the devastating impact of a truck wreck that can cause unexpected medical bills and lost wages. This is why they offer free case evaluations and accept cases on a contingency basis, meaning that they do not get paid until you get paid in a settlement, verdict, or another type of award. They also do not get the legal bills and expenses reimbursed until you get paid. To learn more about their compassionate legal team, schedule a free consultation by dialing (217) 414-8889.
Proving Negligence in Trucking Accident Cases
When the Noll Law Office represents victims of 18-wheeler or big rig accidents in Illinois, establishing negligence is crucial for securing compensation for victims and their families. To prove negligence in a trucking accident case, a victim must prove that a defendant was negligent by proving all four elements. These required elements include the following:
1) Duty of Care
Truck drivers and trucking companies have a legal obligation to operate their vehicles safely and follow all applicable statutory and regulatory laws and rules. They must also operate and maintain their vehicles in a reasonable safe manner, avoiding foreseeable harm to foreseeable victims. This requires truckers and trucking companies to do the following:
- Maintain proper licensing and certifications
- Follow Hours of Service (HOS) regulations
- Conduct regular vehicle maintenance and inspections
- Adhere to weight restrictions
- Properly secure all cargo and inspect it
- Follow all traffic laws and regulations, and
- Otherwise operate their vehicle in a reasonable safe manner as a reasonably prudent truck driver would do under similar circumstances.
2) Breach of Duty
Where a truck driver or truck company has failed to satisfy their duty of care, they are often said to have “breached” the standard of care or “deviated” from the standard of care required of them. Simply put, this means that a defendant has failed to satisfy their duty owed to others on or around the roadway. Some examples of breaching this duty of care include the following:
- Driving while fatigued or falling asleep while driving
- Operating under the influence of drugs or alcohol, which the federal regulations prohibit even consuming alcohol within four hours of starting a shift and require a 0.0 BAC
- Failing to properly secure cargo and inspect it at regular intervals
- Skipping required maintenance checks on tires or brakes
- Violating traffic laws or safety regulations
- Continuing to drive during inclement weather when it is not safe to do so
- Failing to use warning signs, flares, or other warning devices when disabled, and
- Other types of reckless, careless, or unlawful conduct that is dangerous.
It should be noted that the first two elements can be proven through the doctrine of negligence per se, which allows for the violation of an Illinois traffic law to automatically establish liability against a defendant. In order to do that, victims must establish that defendant violated the law, that the law was meant to prevent the harm that occurred, and that the victim was meant to be protected from that harm. This can function as a legal shortcut for a victim, allowing them to focus on proving causation and damages.
3) Causation
In order to recover compensation, there must be a direct link between the breach of duty and the accident. That means that the defendant’s breach of duty was a substantial factor or proximate cause in the resulting accident and the victim’s injuries. Sometimes this is also known as “but for” liability, which typically means that “but for” a defendant’s driving drunk and running a red light, the victim would not have been t-boned and suffered a broken arm.
Causation is commonly one of the most contested elements of negligence. Oftentimes a defendant will try to blame the victim or a third-party for the accident, claiming that the victim was comparatively at fault for the crash. This could limit a victim’s recovery or even result in a complete bar to recovery, and is a clear example why victims and their families need to hire an experienced Virginia trucking accident lawyer to represent them and their loved ones.
4) Damages
The final element involves proving the accident resulted in actual damages. In personal injury actions such as a truck wreck case, damages are often awarded as monetary compensation. Some of the different grounds for awarding compensation to the victim of a trucking accident include the following:
- Pain and suffering
- Medical bills
- Lost wages
- Lost future earnings
- Loss of consortium
- Property damage
- Punitive damages
- Nursing care and treatment
- Home or vehicle modifications
- Medical equipment or devices
- Wrongful death damages such as burial costs and funeral expenses, and
- Other damages due to the negligence of a truck driver in Illinois or Cass County that a Virginia trucking accident lawyer could recover for victims and their families.
Common Trucking Accident Injuries
Once negligence is established against a defendant, victims and their families may be able to recover compensation for their damages. Generally, the largest component of damages are related to the personal injuries that a victim sustains, including his or her pain and suffering. Due to their large size, trucking accidents often result in greater personal injuries that often exceeds those in regular vehicle crashes. As a result, victims and their families should hire a trucking accident lawyer that is not only familiar with the law, but also well-acquainted with anatomy and the medical aspects of proving a case.
Some of the most common types of personal injuries that the Virginia trucking accident lawyers at the Noll Law Office can handle for victims include the following:
Traumatic Brain Injuries (TBI)
- Concussions
- Skull fractures
- Diffuse axonal injuries
- Brain hemorrhage or brain bleeds
- Coup-contrecoup injuries
- Penetrating brain injuries, and
- Other types of head injuries.
Spinal Cord Injuries (SCI)
- Complete paralysis
- Partial paralysis
- Paraplegia
- Quadriplegia
- Hemiplegia
- Herniated discs or annular tears
- Nerve damage
- Compression fractures of the vertebrae, and
- Any other back or neck injuries affecting the spinal cord.
Orthopedic Injuries
- Broken bones or fractures
- Joint injuries including dislocations or separations
- Torn muscles, including the biceps, triceps, quadriceps, Achilles heel, pecs, or other muscle groups
- Torn tendons, including the rotator cuffs
- Torn ligaments, especially in the knee such as the ACL, MCL, PCL, or LCL
- Amputations or loss of a limb or digit
- Crush injuries and compartment syndrome, and
- Other skeletal or muscular injuries.
Internal Injuries
- Organ damage
- Internal bleeding
- Chest trauma
- Ruptured organs
- Loss of use or function of an organ or organ system, and
- Other types of serious internal injuries and damage.
Any Other Types of Serious Personal Injuries in Cass County
Individuals who are involved in 18-wheeler wrecks could suffer any types of serious or life-changing personal injuries. Although there is a list of common injuries above, there are many other injuries that the Virginia trucking accident lawyer at the Noll Law Office could handle for victims and their families. Whenever you believe you have been hurt due to a defendant’s negligence, schedule a free case evaluation to learn more about your rights to compensation under Illinois law.
Injured in an 18-Wheeler Wreck? Call the Virginia Trucking Accident Lawyer at the Noll Law Office
If you or a loved one were seriously injured, or if a loved one was wrongfully killed, in a traffic accident involving an 18-wheeler, tanker, flat bed, box truck, semi-tractor trailer, or any other type of big rig, call the experienced Virginia trucking accident lawyers at the Noll Law Office for help. Unlike other personal injury lawyers throughout Illinois, Sarah Noll and Dan Noll are fifth-generation lawyers who offer dedicated and individualized representation to victims and their families.
Trucking accidents represent some of the most complex and devastating personal injury cases in Illinois. The combination of state and federal regulations, multiple potentially liable parties, and severe injuries requires experienced legal representation. The Noll Law Office possesses the knowledge, resources, and dedication necessary to navigate these complicated cases and secure fair compensation for victims injured in Illinois, Cass County, or right here in Virginia. To learn more about how the Noll Law Office can help you after a truck wreck, schedule a free consultation by dialing (217) 414-8889 or by sending a message.