Trucks are heavy, unwieldy vehicles that require drivers to remain focused behind the wheel. Sadly, accidents are commonly caused by trucker negligence, such as speeding, driving under the influence, or driving while fatigued. Because of the weight of a truck compared to a passenger vehicle, injuries sustained in a collision are often catastrophic, ranging from sprains to severe concussions to fractured bones.
If you were in a crash with a tractor-trailer, reach out to a knowledgeable attorney for guidance. At the Law Offices of R.F. Wittmeyer, Ltd., our lawyers could explain what to know about Elgin truck accidents and help you pursue compensation for your losses.
Important Factors in Truck Collision Claims
For a successful truck accident claim, an injured victim and their attorney must prove negligence by another party. This could be the truck driver, their employer, the owner of the vehicle, or the maintenance company, depending on the circumstances of the accident. For instance, if a trucking company overloads their vehicles or fails to comply with federal work limits, they could be held accountable for an ensuing crash caused by unbalanced cargo or an overtired driver.
There are four elements in proving legal negligence: duty, breach of duty, causation, and damages. Essentially, a lawyer must show that the truck driver or other defendant did something unsafe to cause the collision and resulting damages. The attorneys at our Elgin office could further explain what to know about investigating a trucking accident and proving negligence based on the facts of the case.
Is Elgin in a Comparative Negligence Jurisdiction?
Elgin is governed by the laws of Illinois, which is considered a modified comparative negligence state. This means that if the injured person is more than 51 percent negligent, they cannot collect damages. If they are less than 51 percent negligent, then they could pursue compensation for their injuries.
However, the amount of damages that they could receive in a jury trial is reduced by their degree of negligence. A local attorney at our firm could discuss the factors that may influence an injured victim’s damages award after a truck crash.
How to Determine Liability for Tractor-Trailer Wrecks
Each case is particular to the accident itself. It is important to look at the actions of all parties involved in the traffic collision. At the Law Offices of R.F. Wittmeyer, Ltd., our attorneys will interview both the client as well as the witnesses, including police officers.
If it gets into litigation, we would also be talking to the truck driver and investigating all the facts of the crash. This could include the speeds and weights of the vehicles involved, as well as the maintenance history of the truck. After gathering evidence of fault and building a strong case against the appropriate parties, our skilled attorneys could help prepare a plaintiff for what to expect in Elgin court for their truck accident case.
Learn More about Truck Accidents from an Elgin Attorney
The lawyers at the Law Offices of R.F. Wittmeyer, Ltd. have over thirty years of experience handling truck collisions. A quick call with our firm could help you better understand what to know about Elgin truck accidents and increase your chances of successfully recovering compensation.
We are prepared to contact the insurance companies and handle every aspect of your claim while you focus on healing from your injuries. Our legal team could also ensure that you are receiving appropriate medical treatment and pursue compensation for those expenses. Contact us today to set up a consultation.