When a collision occurs between a semi-truck and another vehicle, the damage is often catastrophic. One act of negligence by a truck driver can leave a path of injury and fatality in their wake.
Where do you go and who do you turn to for help? A skilled Chicago personal injury lawyer with Horwitz, Horwitz & Associates is here to help you through this process. Contact our office today to schedule a free consultation.
Why do I need a Chicago truck accident lawyer?
A lot of factors go into determining the reasonable and fair compensation that should be paid in a truck accident personal injury lawsuit. In order to have a successful claim against the insurance company, your attorney will:
- Document all of your damages and expenses
- Consult with medical and vocational experts to determine the long-term effect of your injuries
- Negotiate all associated costs
How Horwitz, Horwitz & Associates can help you
When you choose us as your Chicago truck accident lawyer, you’re gaining more than legal representation—you’re partnering with a team that has the expertise, dedication, and local knowledge to make a difference in your case. Here’s what sets us apart:
- Years of experience: With decades of experience handling truck accident cases, we know the complexities involved, from federal trucking regulations to dealing with aggressive insurance companies. We’ve successfully resolved cases just like yours and have a proven track record of obtaining favorable outcomes for our clients.
- In-depth local knowledge: As Chicago-based lawyers, we’re deeply familiar with Illinois traffic laws, local courts, and the unique challenges of handling cases in the city. We understand the complexities of high-traffic areas, dangerous intersections, and weather-related factors that often play a role in truck accidents here.
- Client-focused approach: We prioritize your needs and treat every case with the individual attention it deserves. You’ll work directly with our legal team and receive regular updates on your case’s progress.
- Network of resources: Our team has access to trusted medical experts, accident reconstruction specialists, and other professionals who can strengthen your case and prove liability.
- Aggressive advocacy: Trucking companies and their insurers often have powerful legal teams. We level the playing field by fighting relentlessly to protect your rights, whether in negotiations or in court.
- Maximizing compensation: From calculating your immediate medical expenses to projecting future costs like rehabilitation and lost earning capacity, we ensure every detail of your damages is accounted for. Our goal is to secure maximum compensation for you and your family.
When you work with us, you’ll benefit from our commitment to excellence, personalized service, and deep understanding of what it takes to win a truck accident case in Chicago. Let us handle the legal complexities while you focus on your recovery.
What should I do after being in a truck accident?
While it’s understandable to be terrified and confused after a truck accident, taking the following steps will be essential to ensuring your physical health and will be important for your case:
- Move to a safer location: If possible, move your vehicle to the shoulder or a nearby parking lot to avoid further danger. If you can’t move, stay in your car with your seatbelt on.
- Call 911 for police and medical help: Report the accident details and follow emergency personnel recommendations, even if you feel fine, as some injuries may not be immediately apparent.
- Speak to the responding officer: Provide an honest account of the accident without admitting fault or speculating, as this could affect the police report and your case.
- Gather evidence: If safe, take photos or videos of the scene, damages, and injuries, and collect contact information from any witnesses.
- Visit a doctor promptly: Get a thorough medical examination to identify any hidden injuries. Delaying care could harm your health and weaken your legal case.
- Notify your insurance company: Report the accident but avoid admitting fault or guessing details you’re unsure of.
- Consult a truck accident lawyer: An attorney can investigate the accident, identify liable parties, and help secure medical treatment or compensation through legal avenues.
How long do I have to file a claim?
You only have two years from the date of the accident to take legal action–this is called the statute of limitations. If you don’t file before this deadline, you won’t be eligible to receive the compensation you deserve.
In personal injury lawsuits, the compensation you receive for your injuries and financial losses are called “damages.” They’re occasionally referred to as “compensatory damages.” Depending on the type and severity of the injuries involved and the amount of property damage caused by the accident, you could receive damages for any of the following:
- Medical bills for the treatment of your injuries
- Diminished quality of life as a result of decreased ability to take part in activities you enjoy
- Physical pain and suffering during treatment
- Lost work wages during your treatment and recovery
- Property damage to your vehicle
- Emotional pain and suffering
- Prescription medication costs resulting from your injuries
- Disability or disfigurement
- Emotional trauma, such as PTSD
- Wrongful death, including funeral costs, loss of companionship, emotional pain and suffering, loss of support, and other related expenses and damages
- Diminished capacity to continue to earn wages in the future
How much does it cost to hire a Chicago truck accident lawyer?
Horwitz, Horwitz & Associates represents personal injury clients on a contingency fee basis. This means you won’t pay anything unless your Chicago truck accident lawyer achieves a positive result on your behalf.
How long will my case take to settle?
We can’t predict how long it will take for your case to settle or be resolved in court because every accident is different. There are several factors that will determine how long it will take for your case to resolve, including:
- Extent of your injuries
- Number of liable parties
- Level of cooperation by the involved parties and their attorneys and insurance companies
At a minimum, you can expect that your case will take at least six months. However, it’s likely that your case will take longer, especially when notoriously stubborn trucking companies refuse to negotiate.
Who’s liable for the crash that caused my injury?
In order to receive compensation, your attorney must prove that the other party acted negligently and that their negligence caused the crash that caused your injury. Several parties may be liable in a truck crash.
The trucking company
First, you must determine whether the driver has an employment relationship with a trucking company, is self-employed, or is an independent contractor. Depending on the relationship, this will likely allow your Chicago trucking accident attorney to assign liability to the company.
Illinois trucking law states that companies are typically held responsible for any damages caused by their employee’s negligence. This is known as “respondeat superior.” As long as the employee’s actions were unintentional and within their work scope, the respondeat superior is in place. The trucking company is liable if the driver was acting as an employee at the time of the accident.
The truck driver
If a truck driver owns the truck and is responsible for insuring it, liability lands on the truck driver instead. If the accident occurs while the driver is not acting in the capacity of an employee, the driver may accept liability.
Other liable parties
Still, other situations exist where the accident is a result of some malfunction of the truck. In these cases, a truck manufacturer, parts manufacturer, and maintenance company, all have the potential for liability.
What’s a semi-truck “black box?” How can you use one in my case?
An electronic logging device, also known as a “black box,” is a device that collects and stores helpful information regarding maintenance of the truck as well as potentially dangerous driver behavior. These devices record information such as the speed the truck was traveling at the time of the accident, the operation of the brakes, and other data.
This data can be essential to your case, which means the trucking company will be reluctant to provide the data without a court order or subpoena. Our truck accident lawyers will do everything necessary to gain access to the data from the black box and all other sources from the trucking company and all liable parties.
What are common truck accident injuries?
Truck accidents can cause catastrophic injury or even death due to the sheer size and weight of the truck. Some of the most common injuries we’ve recovered damages for are:
- Spinal cord damage
- Broken bones
- Internal organ damage
- Back injuries
- Amputation
- Traumatic brain injuries
- Disfigurement
“Dos” and “don’ts” of dealing with insurance after a crash
Never speak with an insurance company adjuster without having a Chicago truck accident lawyer by your side. The adjuster will use anything you say against you and will ask misleading questions in an effort to trick you into admitting fault.
We’ll negotiate with the insurance company for you. During this time, do not accept a lowball settlement offer from the trucking company’s insurance company. Insurance companies exist to protect assets and achieve minimal settlements, and their lawyers are well-versed in this type of litigation.
Our Chicago truck accident lawyers are here to help
Many accidents involving semi-trucks are the direct result of driver error. Our experienced truck accident lawyers in Chicago will thoroughly review the facts in your case. Our resources include accident investigators, legal experts, and financial experts that provide professional support in filing a claim or lawsuit.
Call us today for legal assistance you can trust. We are skilled trial lawyers ready to go the distance for you.