Luz Davila, Hector Davila Injured In Effingham County Truck Accident on Interstate 57

Truck Accident - July 26, 2022

Luz Davila, Hector Davila, of Chicago, Injured In Box Truck Accident Along Interstate 57 By Milepost 152

EFFINGHAM COUNTY, ILLINOIS (July 26, 2022) – Two people identified as Luz Davila and Hector Davila were injured in an Effingham County truck accident on Interstate 57.

Illinois State Police are saying that the accident took place around 4:30 p.m. on Monday. A man from Houston, Texas was driving a 2020 black Isuzu truck northbound on Interstate 57 when he rear-ended a white Toyota SUV driven by Luz Davila.

The force of the impact caused the SUV to leave the roadway and overturn before coming to rest in a ditch. Firefighters and paramedics were called to the scene in order the help the SUV driver and her passenger Hector Davila.

Both victims were taken to a local hospital in order to receive treatment. Police cited the 52-year-old driver of the box truck for failure to reduce speed to avoid a collision and for operating a motor vehicle without insurance.

A full investigation into the Effingham County truck accident that injured Luz Davila and Hector Davila remains ongoing at this time.

Liability In Effingham County Truck Accidents

Around 4,000 people are killed in truck accidents every year in the United States. Trucks can be particularly dangerous to people in passenger vehicles. According to the IIHS, “Fifteen percent of [truck accident] deaths were truck occupants, 68 percent were occupants of cars and other passenger vehicles, and 16 percent were pedestrians, bicyclists or motorcyclists.” The number of fatal collisions has edged up slightly as more people have returned to work. There are a number of steps that truck companies can take in order to prevent collisions.

• Truck drivers should be properly trained to drive their particular vehicle.
• Trucks can be equipped with crash avoidance technologies such as forward collision avoidance systems.
• Truck drivers should not be pressured to drive beyond their allotted schedules.

The driver of a truck may need a commercial driver’s license (CDL) depending on the gross vehicle weight rating (GVWR) of the truck. Commercial truck drivers are held to a high standard in terms of safety. All drivers must exercise due care in order to avoid causing accidents. Pursuant to Illinois Vehicle Code 625 ILCS 5, no person shall operate a motor vehicle at a speed greater than what would be reasonable or safe given the prevailing conditions of the roadway. There is a rebuttable presumption of negligence on the part of any driver that rear-ends a vehicle in their own lane of traffic.

Depending on the facts of any case, there could be numerous liable parties for a truck accident. If a truck driver was working as an employee at the time of a collision, their employer could be vicariously liable for the collision. In general, companies are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties. However, many truck companies will try to avoid liability for crashes by hiring truck drivers as “independent contractors.”

A company that rents trucks could also potentially be liable for a truck accident under the doctrine of negligent entrustment. Negligent entrustment occurs when an entity entrusted another party with an item, vehicle or substance that they were not otherwise qualified to handle. For example, a truck rental company may have been negligent if they entrusted their vehicle to someone that lacked the proper license or insurance to operate that vehicle. There are a number of steps that should be taken after any truck accident.

• Photos of the accident site should be taken.
• Eye witnesses should be interviewed.
• Medical records should be preserved.
• A thorough, independent investigation should be conducted.

The FMCSA typically requires trucks to carry between $750,000 – $5,000,000 worth of liability coverage. Any person that is injured due to the negligence of a truck driver may have legal recourse through a bodily injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Sadly, though, truck drivers will often fight hard to deny liability for any collision. A truck accident attorney can examine all of the facts of your case free of cost and let you know what your legal options are.

Investigating An Effingham County Truck Accident

We at Horwitz Horwitz & Associates extend our best wishes to Luz Davila and Hector Davila as they continue to recover. Any person that may have more information about what happened should reach out to police. This was a preventable crash that should not have taken place. There needs to be some accountability for the sake of the two victims.

Have you or someone that you care about been injured in an Effingham County truck accident. You may be entitled to compensation for your injuries. Our team of personal injury attorneys are here to help in any way that we can. We care deeply that accident victims get the medical and financial support that they need in order to recover. Whether you just have legal questions or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at (312) 564-4256.