A semi truck accident can have life-altering consequences due to the sheer size and weight of these massive vehicles. In Chicago, where heavy traffic and frequent trucking routes are common, such accidents often lead to serious injuries or fatalities. Knowing what to do after an 18 wheeler accident is important to safeguard your rights and pursue compensation.
This guide will walk you through the necessary steps to take after an accident, explain how settlements are determined, and outline the legal options available in Illinois.
Key Takeaways:
- Get medical attention immediately: Serious injuries like spinal cord damage, broken bones, or brain injuries may not be immediately apparent but require prompt treatment.
- Document the accident scene: Gather photos, witness information, and details about the truck driver and trucking company, which will be essential for any legal claims.
- Understand Illinois’ modified comparative negligence rule: If you’re partially at fault, your compensation will be reduced by your degree of fault.
- Factors influencing your settlement: Settlement amounts depend on the severity of injuries, insurance coverage, and the trucking company’s actions.
- Consult a truck accident lawyer: Legal guidance is important to protect your rights, gather evidence, and negotiate with insurance companies.
Immediate Steps to Take After an 18 Wheeler Accident
If you’re an injured party involved in an 18 wheeler accident, what you do immediately can impact your ability to seek compensation. Follow these steps to protect yourself and build a strong case:
Seek Medical Attention
Even if your injuries seem minor, seek medical attention right away. Conditions like traumatic brain injuries or spinal cord injuries may not be immediately noticeable but can worsen over time. Getting medical treatment also creates an important record that may be useful in your truck accident case.
Document the Scene
If you’re able, take photos of the accident scene, vehicle damage, and any visible injuries. Exchange information with the truck driver, and make sure to note the trucking company’s name and the USDOT number on the truck. Witnesses’ statements and contact information are also valuable for building your case.
File a Police Report
Illinois law requires that you report accidents resulting in injury, death, or significant property damage. The police report will contain key details about the accident and is critical when filing insurance claims or pursuing a legal case.
Contact a Truck Accident Lawyer
After an accident, a truck accident lawyer can help you gather the necessary evidence, such as maintenance records and driver logs, and negotiate with the trucking company’s insurance provider. In Illinois, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident, so consulting a lawyer as soon as possible is important.
Factors That Influence a Truck Accident Settlement in Illinois
In Illinois, compensation after an 18 wheeler accident may cover medical bills, lost wages, pain and suffering, and property damage. However, several factors can affect truck accident settlements, including:
Severity of Injuries: The severity of the injuries, such as spinal cord damage, broken bones, or traumatic brain injuries, typically lead to higher settlements due to the extensive medical treatment and long-term care required.
Insurance Coverage: Federal law, enforced by the Federal Motor Carrier Safety Administration (FMCSA), requires trucking companies to carry at least $750,000 in liability insurance. Trucks carrying hazardous materials are subject to higher insurance limits. In Illinois, the amount of available liability insurance coverage significantly influences how much compensation you can recover.
Role of the Trucking Company: If the trucking company violated federal or state regulations—such as failing to maintain the truck or allowing the driver to exceed hours of service limits—this can strengthen your case and increase your potential settlement. Evidence like maintenance logs and driver records may be used to prove negligence.
Modified Comparative Negligence: As mentioned earlier, Illinois reduces your settlement if you’re found partially responsible for the accident. Your final settlement is reduced by the percentage of fault assigned to you.
What Is the Average Settlement for a Truck Accident?
Determining the average truck accident settlement is challenging, as every case is unique. When considering what is the average settlement for a 18 wheeler accident, settlements can range from thousands to millions of dollars, depending on the severity of injuries, insurance limits, and the role of the trucking company. Victims with traumatic brain injuries or spinal cord damage that require lifelong care can expect higher compensation due to the long-term medical expenses and lost earning capacity.
The settlement typically includes both economic damages, such as medical bills, property damage, and lost wages, and non-economic damages, including pain and suffering and emotional distress. Unlike some states, Illinois does not impose caps on non-economic damages, allowing victims to pursue fair compensation based on their unique circumstances.
How Are Truck Accident Settlements Calculated?
Truck accident settlements in Illinois consider both economic and non-economic damages. Here’s what to expect:
Medical Expenses: This includes both immediate medical bills and long-term treatment costs, such as surgeries, rehabilitation, or therapy.
Lost Wages and Earning Capacity: If your injuries prevent you from working, compensation will include lost wages and, if applicable, the loss of future earning potential.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident, especially if your quality of life is permanently affected.
Insurance Policy Limits: The amount of compensation may be limited by the at-fault party’s insurance coverage. If the trucking company’s insurance coverage is insufficient, other avenues of compensation may need to be explored, with some settlements potentially reaching tens of millions of dollars.
Why You Need a Truck Accident Lawyer
Truck accident cases are complex and often involve multiple parties, including the truck driver, trucking company, and their insurance providers. Truck accident victims need a knowledgeable truck accident lawyer to help gather important evidence, negotiate with the insurance companies, and file a lawsuit if necessary.
In Illinois, you have a two-year window to file a personal injury lawsuit. Failing to meet this deadline can prevent you from recovering compensation, so contacting a lawyer promptly is essential to preserve your rights.
To Summarize
Being involved in an 18 wheeler accident in Chicago can be a life-altering experience. Taking the right steps after the accident—from seeking medical attention to documenting the scene—can make a significant difference in your ability to recover compensation.
Understanding Illinois’ modified comparative negligence rule, and the factors that influence settlements, is key to managing your expectations. Working with an experienced truck accident lawyer can help ensure that your case is handled properly and that you get the compensation you deserve.
Contact Our Truck Accident Lawyer
If you’ve been injured in an 18 wheeler accident, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
Contact JJ Legal today for a free consultation to discuss your truck accident case and explore your legal options for recovering compensation.
