According to the Illinois Department of Transportation, unfortunate truck accidents occur on many roads in Illinois and on the I-57 near Marion. Unfortunately, many passengers don’t make it out alive. And those who do are often left with severe injuries resulting in high medical bills.
If you or a loved one have been in a truck wreck, an experienced Marion truck accident attorney from Morelli Law Firm can help you can sue for compensation and recover your losses. We know how to determine liability, stand up to trucking companies, and negotiate with insurers.
Who is Liable in a Marion Commercial Truck Accident?
Unlike passenger can accidents, truck accidents are often more complex. This is because the laws governing the use of semis, 18-wheelers, tractor-trailers, and other trucks are different. Therefore, there are many moving parts in every truck accident case in Marion, IL.
For starters, unlike car accidents where the driver is often held liable, there can be multiple at-fault third parties in a truck accident. Potential at-fault parties in a truck accident can include:
- The driver: The driver could have been driving recklessly, overspeeding, fatigued, distracted while driving, inexperienced, or fallen asleep behind the wheel.
- The truck owner: This may or may not be the same person as the driver. Truck owners can be held responsible if the truck was in poor shape and caused a wreck.
- The trucking company: In a bid to meet company revenue targets, trucking companies have been known to push drivers to keep driving beyond the Federal Motor Carrier Safety Administration’s mandated hours of service.
- Third-party motorist: The driver of the other vehicle may have been engaging in reckless road usage behaviors like sudden brake-checking, abrupt lane changes, and road rage incidents.
- The truck’s maintenance and safety team: Poorly maintained big rigs can experience vehicle malfunction while on the road, leading to accidents and carnage.
- The truck’s manufacturer: Over 105,000 heavy-duty trucks have been recently recalled due to missing components in the trucks. Faulty manufacturing can lead to accidents.
- The truck parts manufacturer: Truck parts can also fail, leading to catastrophic outcomes.
Whether it’s a lone accident or a multi-vehicle crash involving heavy-duty vehicles, truck wreck cases are not simple and straightforward. This is why it takes longer to resolve truck accident claims.
A Marion truck accident lawyer will investigate all the associated entities to find all the negligent parties before they can file your compensation claim.
What Kinds of Compensation Can I Recover in a Marion Truck Collision Claim?
Depending on your situation and the circumstances surrounding the truck collision, you may be able to recover some or all the following damages:
- Past, current, and future medical treatment costs
- Loss of income
- Diminished capacity to earn an income
- Temporary or permanent disability
- Disfigurement and scarring
- Reduced quality of life
- Mental distress
- Pain and suffering
Wrongful Death in Marion Truck Accident Cases
Because truck accidents are often fatal, relatives of the deceased may be able to file a compensation claim for the following:
- Final medical costs
- Funeral and burial costs
- Loss of consortium and companionship
- Loss of society
- Emotional anguish, sorrow, and grief
Please note that because of Illinois’ comparative negligence statutes, your final compensation will depend on your partial culpability. Therefore, if you were partly responsible for the wreck, the court will award the full settlement minus the percentage of liability that you share.
For example, if you were liable by 25% and the court awards a $500,000 settlement, you’ll only get $375,000. If you need an explanation about this, feel free to talk to our personal injury lawyers at Morelli Law.
Also, Illinois law has no cap or limit on the compensation you can receive in a truck wreck claim.
Marion Truck Accident Lawyer Near Me 877-751-9800
How Long Do You Have to File a Compensation Claim in Marion, IL?
For property damage in Marion, IL, the claimant has five years to file a claim to recover the property losses attributed to the truck crash. For example, if your car was wrecked in the accident, you have five years to request compensation for the repair costs or replacement of the vehicle.
For personal injury, you have just two years to file a lawsuit or pursue your claim. But, there are exceptions to this two-year deadline. These include:
- If your injuries aren’t immediately apparent and only show up a while after your accident (also known as the discovery rule). For example, if you found that you developed a herniated disc 16 months after the truck collision, and can link the injury to the truck accident, your time limit will start counting from the day you discovered the injury.
- The at-fault party returned to Illinois after being away for a while.
- You were a minor when the accident occurred. In this case, the courts will suspend the statute until you’re 18 years. After you clock 18, the time will start counting.
- You were unable to file your claim because you were ill or disabled and couldn’t physically bring the legal action.
Get in Touch With an Experienced Marion Truck Accident Attorney
If you want to win a substantial settlement, it is better to seek legal counsel and support from Morelli Law’s experienced truck accident lawyers in Marion, IL. Every case is unique, which means that we’ll have to deploy a case-specific process to help you get your money.
We can always explore a series of legal options, including arbitration, litigation, mediation, and negotiations with the necessary insurance companies. Our attorneys will do our due diligence, carry out the necessary investigation, and make sure that we bring the case to a logical conclusion where you get a fair settlement.
Contact us today for a free case evaluation. You can also call our office line for a free consultation.