Truck Accident Lawyer

A Chicago truck accident attorney at our firm recently read a news report posted on SiLive.com detailing a wrongful death lawsuit that has been filed on behalf of a victim of a fire truck accident. The accident in question occurred in March 2011 when a fire truck was in route to respond to a vehicular fire on an interstate highway. The fire truck came to an intersection where the opposing way of travel had the green light. A passenger van carrying developmentally disabled adults was traveling through the intersection when the fire truck fatally struck the van. The accident caused the subsequent death of a 51 year-old passenger, critically injured two, in addition to, causing minor injuries to the remaining six van occupants, as well as, six fire fighters. The wrongful death lawsuit names the City of New York, as well as, the passenger van’s driver and company as defendants in the suit. The lawsuit seeks an unspecified amount of monetary damages. This lawsuit marks the second lawsuit that has been filed as a result of this devastating accident. In December of last year, the family of a 61 year-old passenger filed a wrongful death lawsuit after the victim’s critical injuries ultimately proved fatal. Our Chicago trucking accident lawyers learned that according to New York state law, the driver of an emergency vehicle may proceed past a steady or flashing red signal or stop sign “only after slowing down as may be necessary for safe operation.” The driver may exceed the maximum speed limits as long as he/she does not endanger life or property. In an unfortunate turn of events, it was later revealed that the call the fire trucks were responding to turned out to be nothing more than an overheated passenger vehicle. The president of the passenger van’s company releases a statement which revealed that the company that a police investigation had cleared the company of any responsibility in the accident. Any Chicago truck accident lawyer will tell you that given the sheer size, weight, and speed of travel at which fire trucks operates – the potential for a serious and life-threatening accident resulting in personal injury or wrongful death substantially increases. Our Illinois trucking accident attorneys share firsthand knowledge when handling accidents involving any and all types of motor vehicles – including fire trucks. Recently, our attorneys obtained a $10 million settlement on behalf of a 5 year-old boy who sustained critical injury when he was run over by a City of Chicago Fire Department truck while playing in an open fire hydrant. The resulting injury included the loss of his leg, as well as, half of his pelvis. If you have been injured in an Illinois trucking accident or have lost a loved one, please contact our experienced accident lawyers to see what legal rights may be available to you.

MyFoxChicago.com recently released a news report detailing a devastating Kane County school bus accident that resulted in the injury of nine special-needs schoolchildren, as well as, the driver of the school bus. Our Chicago accident lawyers learned that according to police reports, the accident transpired as the bus was traveling eastbound on Granart Road when it traveled off the roadway for an unknown reason. The bus driver attempted to adjust the vehicle’s path but was unable to before the school bus went into an off-roadway ditch. Subsequently, this caused the school bus to tipped over onto its side – but did not roll over. Fortunately, all of the school children were wearing safety belts which ultimately help prevent substantial severe injury. At the time of the initial report, the bus accident remained under investigation with no citations being issued. However, earlier today our accident lawyers in Chicago read a follow up article to the unfortunate accident posted on DailyHerald.com . According to the news article, a number of students on the bus, which was operated by Illinois Central School Bus, assert that the accident occurred as a result of the bus driver falling asleep behind the wheel. Several witnesses have stepped forward alleging that the school bus driver has displayed a continued pattern of fatigued driving, beginning when the driver began the bus route in September. Our Chicago trucking accident attorneys learned that many of the school-children began noticing a regular pattern of the bus driving nodding off and swerving erratically during travel. One of the students even alerted her mother about her concerns who subsequently called into Illinois Central numerous times to complain. However, the safety director of Illinois Central has released a statement asserting that his company never received complaints about the driver although the driver was monitored in October after a concerned call from the school district. A camera was equipped into the driver’s bus for several days while he was being monitored. The driver’s company found no evidence of the driver falling asleep during transportation. Shortly thereafter, the bus company contacted the school district to let them know that the driver posed no safety concerns. According to the news report, the Kane County sheriff’s officials are still conducted a thorough investigation into the accident and officials are not planning to release the information pertaining to the accident until late next week. The driver’s toxicology results are still pending.

Yesterday, our Illinois truck accident attorneys read a report detailing an accident lawsuit that has been filed on behalf of a 43-year old woman who sustained fatal injuries in a devastating bus-truck collision. According to the news report, published on NationalPost.com , the fatal accident occurred in August of 2011 when the charter bus the woman was traveling on collided into the rear end of a flatbed semi tractor-trailer. Since the fatal accident, which also injured thirteen other passengers, the family of the deceased woman has filed a $4.25 million lawsuit against the trucking company, as well as, the drivers of the vehicles involved in the accident. Shortly thereafter the fatal accident, the bus driver was charged with criminal negligence causing death and possession of cannabis. The lawsuit asserts that the driver’s bus company acted negligently by allowing their driver to allegedly operate the bus while impaired, in addition to, in possession of marijuana. Our Chicago truck accident attorneys learned that in the claim, the plaintiffs allege that the driver had been smoking marijuana and at the time of the fatal accident, his faculties of observation, perception, judgment, as well as, self control were impaired. Additionally, given the driver’s physical and mental condition, he was incompetent to operate a charter bus with reasonable care and attention. The family of the deceased seeks claims of $250,000 in special damages, $3 million in general damages, in addition to, $1 million in punitive, exemplary and aggravated damages against the charter bus driver and his trucking carrier. Our Chicago trucking accident attorneys continue to encourage trucking and bus companies to hold their large commercial vehicle drivers to strict and unparallel standards when operating such massive vehicles. Our attorneys know first-hand the tragic loss of life and/or serious injury that will almost always result from driver negligence. If the driver of any type of vehicle operates in a careless manner and causes an accident that results in a fatality, the driver may be held legally liable for the wrongful death of another. Drivers have a duty to themselves, as well as, other to operate their vehicle safely and when this is breach and injuries are sustained, legal action can and should be sought. If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent driver, please contact our experienced accident attorneys in Chicago to see what legal rights may be available to you.

A recent accident shows how dangerous under-rested truck drivers can be. Forty-year-old Robert Roger Small, a resident of Denton, Florida, was traveling westbound on I-70 near Hutchinson, Kansas at 8:23 am on Sunday, January 29 in his Freightliner semi. Small fell asleep at the wheel, sending his truck over the median where it jumped a crossover. Amazingly, the truck was airborne for 84 feet before landing and overturning onto its right side. From there, the truck slid across both lanes of traffic for some distance, and then came to rest in the south ditch. Small was taken to the nearby Hays Medical Center for treatment of injuries. His passenger, 36-year-old Jeffery Duane Chelsey of Sanford, Florida, was apparently uninjured, and Kansas Highway Patrolmen have indicated that both men were wearing their seatbelts at the time of the crash. There is no doubt that their injuries would have been much more severe had they not been wearing seatbelts. Despite Chelsey’s coming through the trucking accident unharmed thanks to wearing his seat belt, the reality is that as a passenger, had the fall onto the right side of the truck been more devastating, he could easily have been maimed or killed in the skid across the highway. Thankfully, the early hour probably contributed to the relatively light traffic on the road and the absence of other casualties in the slide across two lanes of traffic. Drivers falling asleep at the wheel is not a new phenomenon. There have been investigations into the record keeping of many trucking companies to ensure that drivers are getting the required amount of sleep time versus road time, but there have been repeated instances of discrepancies and outright falsifications in these records. It is unknown if such an event played a role in the crash on Sunday, but it is a phenomenon that people need to be aware of whenever they share the road with these large and dangerous vehicles.

Earlier today, Transport Topics Online published a news report which revealed the reauthorization of a House of Representatives bill that would allow states the option of allowing heavier trucks on the nation’s roadways. Our Chicago accident lawyers learned that the bill, which was unveiled the morning, would permit large commercial travel for vehicles that may weigh as much as 97,000 pounds despite significant opposition by numerous highway safety law enforcement and railroad groups. However, trucking carriers, as well as, shipping and manufactures show high support for longer, heavier commercial vehicles. Under current federal law, all states must allow tractor-trailers to haul 28-foot double trailers along the National Highway System. Although, if the transportation bill passes, states will be mandated to permit double, 33-feet long tractor-trailers on the national network and on access highways. The $260 billion, five-year transportation bill is highly associated with another bill in the House of Representatives that would permit the expansion of offshore oil and gas drilling, including drilling throughout Alaska, in order to pay for transportation infrastructure. Any accident attorney in Chicago will tell you that large commercial vehicles; which include semi trucks, tractor-trailers, as well as, heavy cargo vans account for a significant of traffic-related injuries and fatalities. According to SafeRoads.org , people in passenger vehicles are particularly vulnerable in the event of a collision with a large commercial vehicle given the significant weight difference between passenger vehicles and large trucks. SafeRoads.org also reveals that in two-vehicle crashes involving passenger vehicles and large commercial vehicles, 98 percent of fatalities were the occupants of the passenger vehicle. Additionally, those large trucks who weigh well over the current federally mandated 80,000 pound weight limit carry a substantial hazard and risk on our roadways. Not only do these larger commercial vehicles take significantly longer to break, they are more prone to rollover accidents, as well as, provide considerable structural damage to bridges and roadways. According to statistics provided by the Federal Motor Carrier Safety Administration , the number of large truck-related deaths and injuries each year carry an enormous personal and financial price tag – the cost of large truck accidents in a year exceed $19 billion. Large truck accidents can be particularly devastating and may cause severe personal injury and even premature fatality. If you have been injured in an Illinois trucking accident – or have lost a loved one at the hands of a negligent semi truck driver, please contact an Illinois accident lawyer at Levin & Perconti to see what legal rights and relief may be available to you.

Earlier today, a Chicago truck accident attorney at our firm read a particularly heinous report which detailed how a drug testing operator for large commercial drivers has pleaded guilty for falsifying test results. The news report, posted on LandlineMag.com , further revealed that the drug testing operator pleaded guilty earlier this month in a United States District Court for making a false statement regarding the United States Department of Transportation’s mandated drug testing for large commercial vehicle drivers. It has been released that the operator previously claimed that it provided trucking carriers with random drug testing for their commercial vehicle drivers from 2008-2009. However, our accident attorneys in Chicago learned that this way not the case. In actuality, the operator used his company’s address and violated Department of Transportation-regulated chain of custody requirements by directly receiving the drug testing reports from laboratories. Upon receiving the truck driver’s drug tests with results that tested positive for drugs, the operator falsely identified himself as a medical review officer. In turn, the operator would prepare false control and custody forms – misrepresenting the forms stating that the truck driver had tested negative. Although the report does not confirm what type of penalty the operator will receive, but given the severe nature of the infraction the penalty will undoubtedly be substantial. Drug screening of large commercial vehicle drivers has continued to prove to play a vital role in maintaining the safety of our nation’s roadways. According to NortonMedical.com , federally regulated drug testing began in 1989 when the United States Department of Transportation began mandating drug and alcohol testing programs for its workers. In the early years of the testing program, over 18% of large commercial vehicle driers tested positive for cocaine, marijuana, or amphetamine use. Since the continued enforcement of mandatory drug and alcohol screenings, the rate of positive drug tests has decreased significantly. Any Chicago truck accident lawyer will tell you that if you have been involved in an Illinois trucking accident , the large commercial vehicle driver is required by federal law to undergo an administered drug screening, as well as, a blood alcohol test within three hours of the accident. If tested positive for drugs, the truck driver may be subjected to both criminal and civil penalties. If you have been injured or have lost a loved one at the hands of an intoxicated truck driver, please contact our accident attorneys to ensure that you are fully compensated for injuries sustained.

CNN.com reports that a federal judge has recently placed a commercial bus company out-of-service after the company continued to operate despite violating an order from the United States Department of Transportation. The initial violations occurred on December 23 when the Federal Motor Carrier Safety Administration ordered the bus company to shut down after a thorough inspection revealed numerous infractions, such as failed vehicle maintenance and drug and alcohol testing discrepancies. The Federal Motor Carrier Safety then issued an additional cease-and-deist order to the company on January 5 – ordering the company to completely shut down after investigators exposed the company’s continued operation. Yet, our Chicago truck accident lawyers read that the bus company still continued to operate despite receiving both notices from the Federal Motor Carrier Safety Administration. In light of this, a United States District Court has issued a temporary restraining order against the bus company, barring the company from continued interstate bus operation. The Department of Transportation’s secretary released a statement in reference to the restraining order he filed and revealed that this type of irresponsible behavior at the hands of bus companies will not be tolerated and safety will continue to remain the Department of Transportation’s highest priority. Over the past five years, our Chicago trucking accident attorneys learned that the Federal Motor Carrier Safety Administration has significantly increased the number of bus inspections administered each and every year. Additionally, comprehensive safety reviews has been conducted on every of the nation’s estimated 4,000 passenger bus companies. The United States Department of Transportation continues to encourage consumers to review the Department of Transportation’s pre-trip safety checklist before purchasing a bus ticket or hiring a bus company. The checklist contains information pertaining to a bus company’s safety record, safety rating, as well as, the Department of Transportation’s operating authority. Since 1992, our Chicago trucking accident attorneys have represented clients who have sustained severe injury or harm in all types of motor vehicle accidents, including those involving large commercial buses, as well as, Illinois trucking accidents . Operators of large commercial vehicles have an increased responsible to safely operate their vehicles – some of which often weigh up to 80,000 pounds – in order to prevent serious and debilitating accidents from occurring. When commercial vehicle operators act in a negligent way that causes an accident, they may be held legally liable for the damages sustained. If you or a loved one has been harmed as a result of a commercial vehicle accident, please contact our experienced accident attorneys to see what legal rights may be available to you.

A Chicago truck accident lawyer at our firm read a news report earlier this week detailing new safety measures taken by the Illinois Department of Transportation to improve interstate highway travel. According to the news report, published on NewsTrib.com , the Illinois Department of Transportation plans to construct center-median cabling from Utica to the Fox River alongside Interstate 80. The project, which should be completed this coming summer, is designed to prevent tragic motor vehicle – including Illinois trucking accident s – in which these vehicles cross the grassy median and collide into oncoming traffic. An additional design aspect of the cable medians is to slowly stop out of control large commercial vehicles and passenger vehicles. The safety measure is currently in use along Interstate 80 from Marseilles to Seneca and has been proven highly effective. The Illinois Department of Transportation spokesman released a statement in light of the future implementation, stating that cable median barriers are significantly reducing cross-median crash and overall saving lives in Illinois. Previous accident statistics provided by the Illinois Department of Transportation revealed that in 2009, over 55 motor vehicle accident occurred between the stretch of interstate from La Salle to Ottawa. In 2010, there were a reported 59 motor vehicle accidents and one documented fatality on the same stretch of highway. Our Chicago trucking accident lawyers learned that the safety project intends to complete most of the construction work during the daylight hours this summer, while majority of the construction-truck traffic and paving work will be completed during the nighttime in an effort to eliminate traffic congestion and risk. The safety measure is a part of an overall 5-year plan constructed by the Illinois Department of Transportation. Our accident lawyers in Chicago are pleased to learn about such beneficial roadway safety measures being implemented on our busy Illinois roadways. Cross median traffic accidents have proven to be a significant source of fatalities each and every year. With recent accident statistics provided by the Fatality Analysis Reporting System, there are approximately 366 fatal cross median head-on motor vehicle accident accidents each year on our nation’s roadways. Although this number seems relatively small compared to most other traffic accident statistics, cross median crashes tend to be extremely severe and life-threatening. If you or a loved one has been injured or killed in an Illinois trucking accident , please contact our experienced accident attorneys to see what legal rights and representation may be available to you.

Earlier today, the Belleville News Democrat Online posted a report detailing a particularly devastating Illinois trucking accident that resulted in three individuals sustaining severe personal injury. According to the news report, the accident transpired when the 21 year-old driver of a passenger vehicle collided into the rear end of a large semi tractor-trailer while traveling southbound on Interstate 255 near Dupo, Illinois. The passenger vehicle driver, as well as, his two passengers all required advanced medical attention for the severe injuries they sustained in the crash that caused the vehicle to become smashed beneath the large commercial vehicle. According to Illinois authorities, the driver of the semi truck informed police that he was on the right shoulder of Interstate 255 and was using the shoulder to gain speed to merge into traffic on the interstate highway when he was rear-ended by the passenger vehicle. In the passenger vehicle driver’s statement to authorities, he revealed that he was unable to remember if he was traveling in the center lane or right lane before he struck the commercial vehicle. The motor vehicle driver admitted that he looked down at the radio seconds before the tragic collision and did not recall seeing the truck before the crash. Our Illinois truck accident attorneys learned that a witness at the accident scene told police that he observed the 21 year-old driver pass his vehicle in the right lane when he witnessed the semi truck using the shoulder of the interstate to gain speed before merging with traffic. The witness revealed that the truck had merged into the right lane of the roadway for at least seven second before the passenger vehicle collided into the large commercial vehicle. Subsequently, as a result of the accident in which three individuals sustained substantial serious injuries, the driver of the motor vehicle has received a citation for failure to reduce speed to avoid an accident. While our Illinois truck accident blog frequently discusses the tragic consequences that often result from semi truck collisions caused by truck driver error, many times drivers of passenger vehicles are found to be responsible for these devastating collisions involving large commercial vehicles that often weigh upwards of 80,000 pounds. Our Chicago truck accident attorneys continue to urge readers to exercise safe driving habits each and every time a motor vehicle is operated in order to help reduce and eventually eliminate the injuries and fatalities associated with motor vehicle accidents.

Earlier this week, American.com released an opinion article which detailed the frequently discussed topic of distracted driving. In an area which affects both the truck industry, as well as, the general public, the subject of driving while talking or texting on a cellular phone has been subjected to various laws enacted by numerous states. In one of our previous posts, our Illinois truck accident blog discussed the recent announcement that was made by the National Traffic Safety Board which recommended that all states ban drivers from using a portable electronic device while operating a motor vehicle. Despite this recommendation, there is no state that currently bans the use of hands-free telecommunication devices for drivers. Although there is no outright ban of cellular telephone use for drivers, numerous states have enacted several pieces of legislation which regulates electronic communication use. According to the Governors Highway Traffic Association , 35 states currently ban texting while driving, all the while nine states forbid hand-held cell phone use by drivers of motor vehicles and 30 states prohibit all cellular communication for new drivers. When it comes to regulating such a substantial issue that affects nearly all drivers, any Chicago truck accident lawyer will tell you that it is important to look at the numerous studies that have been conducted to determine the risks associated with cellular device use and driving. In July 2009, a study was conducted by the Virginia Tech Transportation Institute which revealed that texting while driving increases the probability of a motor vehicle accident by 20 times while dialing a cellular telephone increases the risk of a collision by 2.8 times. Overall, the study concluded that the most consequential factor in determining the likelihood of a motor vehicle accident is whether or not the operator of the vehicle keeps their eyes on the road. Similar statistics were gathered by the National Highway Traffic Safety Administration in 2010 where it was revealed that of the 32,800 motor vehicle fatalities reported that year, over 3,000 were attributed to driver distraction. The study labeled driver distraction as: driver cell phone use, texting while driving, eating, drinking, using in-vehicle technology, as well as, conversing with passengers. Unfortunately, our Chicago truck accident attorneys learned that although numerous states have enacted legislation which bans texting while driving, the issue of comparing cell phone use to texting as a primary source of driver distraction is limited given that there is no empirical evidence to support this claim. Currently, federal regulatory agencies lump the two categories together making it impossible to distinguish accident statistics between the two. The news article points out that the sooner nationwide legislation is enacted to prevent dangerous driving habits, the sooner our roads will become a much safer place to travel.