Being involved in an accident involving a truck has the potential to get you messed up physically, mentally, and financially. While addressing other matters, you also need to determine who was at fault for the accident. The problem is that most people have no idea where to start, and that is likely where you are.
You must collect the facts, obtain witness statements if anyone witnessed the incident, and familiarize yourself with Illinois statutes that may come as a surprise to the unprepared.
Here is how you tackle this mess, step by step.
Learn Illinois Fault Laws
“Illinois is a comparative negligence state. This means that the law will assess the degree of fault for the spill attributed to you compared to the other party,” says attorney Michael P. McCready of McCready Law Injury Attorneys.
With this in mind, you must be less than 50% at fault if you are going to receive any compensation.
Begin by getting accustomed to the way this all unfolds. The evidence, witness testimony, and police reports all support the finding of fault. If the truck driver broke a traffic statute or regulation, e.g., hours of service or failure to stop, these are pertinent facts.
Learning about this is not homework; it is ammunition to support your argument. Spending time and becoming comfortable with the basics is thus worthwhile.
Save the Evidence from the Location
The crash location is your gold mine when it comes to identifying blame. Take pictures of everything on the scene: dented bumpers, odd skid marks, dented traffic signs, debris scattered about, pavement, and yes, that pothole everyone drives around.
If there were any witnesses to the accident, speak with them, obtain their contact information, and note down what they can recall while it's still fresh.
Lastly, be sure to get the police report. That paper is your objective evidence of the accident, so the at-fault party cannot squirm their way out of it.
Working with Expert Witnesses
In some cases, you may need to bring in expert witnesses. This refers mainly to accident reconstruction specialists, the CSI team of truck accidents. They will examine dented fenders, scuff marks, bent guardrails, and all the evidence to pinpoint fault.
You will also need someone familiar with trucking law. If the trucking company's operation was cutting corners before the accident, expert witnesses can attest to that.
These professionals render all the technical jargon and make it a reality that insurance company agents or judges cannot refute. Costly, yes, but if you want a fair settlement, it is well worth it.
Diving into the Records
Commercial truck drivers are subject to numerous regulations. If they did something that you think broke a rule, do not just brush it off; dig through their records, including their history of accidents and any tickets they have received for speeding, etc. You never know what is hiding in there.
Hours-of-service logs are necessary, too. If they falsified hours, that is a critical red flag right off the bat. Don't forget to keep track of the truck's maintenance records. If the brakes failed due to somebody not doing an inspection or not wanting to repair a fault, that's 100% the company's fault.
If you can combine all this evidence, such as poor road maintenance, questionable logs, and cut corners, you are creating a rock-solid defense.
Call in a Lawyer
The last piece of the puzzle is getting a truck accident lawyer. A lawyer takes your evidence and organizes it into an impervious bulletproof case. They are well-equipped regarding Illinois law, and they will keep pace stride for stride with insurance company reps, so you don't feel inundated.
You must find a lawyer with a proven track record of winning truck accident cases. Also, ensure they listen to you and respond accordingly to what you are saying. Selecting the right lawyer may mean the difference between walking away broke and receiving what you deserve.
Conclusion
Establishing fault after a truck accident in Illinois is no easy task. However, if you follow these steps and seek the assistance of a reliable attorney, you will overcome this situation and move on with your life with minimal disruption.
