Truck Accident Lawyer

An important part of my job as a southern Illinois semi truck accident lawyer is to protect my clients from overreaching and malfeasance by trucking companies with a great deal more money and resources than the clients have. In egregious cases, this can lead to company representatives pressuring accident victims or their families to sign a waiver they don’t understand or take money that forecloses their right to sue right after a crash. But later, if the case goes to trial or pretrial proceedings, the power imbalance s often visible in full force, as lawyers for trucking companies and their insurers use the court system to their full advantage. Powell et al. v. Dean Foods Co. et al put an interesting twist on the practice when the same trucking company moved for a substitution of a judge twice under different names. The Illinois Supreme Court ultimately decided no new trial was necessary, preserving a verdict for the plaintiffs. Adam McDonald, Diana Kakidas and Christina Chakonis were killed in 2002 when their car was hit by a tractor-trailer driven by Jamie Reeves. Reeves was employed as a trucker by Alco of Wisconsin, Inc. The three families filed lawsuits, which were eventually consolidated, against companies including Alco of Wisconsin and Alco, Inc. They alleged that Reeves was speeding, had gone over his hours of service and didn’t brake until four seconds after the crash; the corporate defendants were held vicariously liable for Reeves’s actions as an employee. On the day trial was to start, four defendants including Alco of Wisconsin and Alco, Inc. moved for and received a change of judge. Defendants objected, pointing out that Alco, Inc. was nothing more than the former name of Alco of Wisconsin and thus they were the same entity and not entitled to two changes. Alder Group, Inc. then requested a new judge, but the judge ultimately denied it because she had already ruled on a substantive issue. The case went to trial and more than $20 million was ultimately awarded to the three families. Alder Group appealed, arguing that it should have been permitted to request a new judge, and thus all further orders in the case were void. The Illinois appeals court agreed, finding that the trial judge’s ruling on the motion to reconsider the previous substitution of judge was not a substantial issue under Illinois law. It also held that all parties had standing to challenge the ruling because all orders after that ruling were void, and remanded the case for new trial under another judge. Plaintiffs appealed to the Illinois Supreme Court. That court reversed again, but on the grounds that no plaintiff but Alder Group had standing to appeal. The judgment against Alder Group had been vacated, and plaintiffs moved successfully to dismiss the company as a defendant, with prejudice. Once that company was dismissed, the Illinois high court said, no defendant left had standing to appeal. In so ruling, it sided with an earlier appeals court ruling finding that each litigant is a separate party; each has standing to challenge decisions on only its own motions. It found arguments that the other defendants were prejudiced by the outcome unpersuasive, noting that this would mean any defendant in any case has standing to seek a reversal of any error against any party. Because Alder Group is now dismissed, the court said, there’s no need for a new trial. Thus, it let the ruling stand. As a Missouri tractor-trailer accident attorney , I’d like to note that part of the confusion in this case stems from Alco’s attempt to get two substitutions of judge. This was rightly not permitted, but the attempt shows how the deck can be stacked against plaintiffs in cases pitting them against much richer and more powerful corporations. After all, the average person cannot legally appear twice in court under the same name, thus getting twice as many chances to influence the case. Nor would the average person be able to pay for two attorneys. In general, when our St. Louis big rig accident lawyers handle these cases, we prefer to step in as early as possible to prevent any attempts at exploitation by the trucking company or its attorneys. Injured people aren’t necessarily experienced in the law, and just after a catastrophic accident, they may be in no position to realize their rights are threatened.

Yesterday, a Chicago truck accident lawyer at our firm read a news report detailing the criminal charges a large commercial vehicle driver faces for possession of drugs and operating while intoxicated over the past weekend. According to an article posted on YourHoustonNews.com , local authorities initially pulled the truck driver over after he was seen driving erratically down a city street. Despite multiple attempts by the police to pull over the driver, the vehicle kept weaving and refrained from pulling over for more than three blocks. Upon stopping the semi tractor-trailer, it was reported that the semi truck driver struggled when exiting the commercial vehicle and ultimately fell out of the truck’s cab. Upon a brief investigation and an apparent strong odor of alcohol being emitted from the driver, he was arrested for suspicion of driving while intoxicated. It was later revealed after administering a blood alcohol test that the truck driver had a blood alcohol level of .163 – more than twice the legal limit. Our Chicago trucking accident attorneys learned that an additional investigation in the driver’s truck was conducted where it was revealed that the truck driver had a large clear plastic bag containing multiple pills. The authorities currently believe the pills to be Ambien, Xanax, as well as, Dicyclomine Hydrochloride. The truck driver now faces misdemeanor charges of DWI, possession of a controlled substance, in addition to, three misdemeanor counts of possession of a dangerous drug. The truck driver is currently being held on bonds totaling $25,000. Although no individuals were injured as a result of the semi truck driver’s intoxicated operation, often times when a large commercial vehicle driver operates in a manner that deviates from the laws mandated by both federal and state governments, the results are often devastating and fatal. Recently, our Chicago accident attorneys settled a case involving an Illinois trucking accident where illegal substances played a primary role in a fatal accident. In a case where it was revealed that a semi truck driver was operating under the influence of marijuana, as well as, an overloaded tractor-trailer – our attorneys obtained a $6.5 million settlement on behalf of a Huntley family whose passenger vehicle was struck by the commercial vehicle driver. The accident fatally injured a 32 year-old woman and caused substantial personal injury to her husband and son. The driver’s trucking carrier was also found negligent by violating federal regulations which mandate that truck owners administer drug-screenings, as well as, background checks on all their drivers.

One driver is dead and two others are in the hospital following an exceptional car and semi-truck crash in the town of Lake Wales, Florida. According to Polk County Sheriff’s Deputies, the tractor-trailer first crashed into a Toyota Corolla on Highway 27. Both vehicles then drove into a building, demolishing it almost entirely in the ensuing wreckage. It seems that the Toyota crossed into southbound lanes and came directly into the path of the sand-hauling semi-truck. The resulting collision led to the truck driving the Toyota into the building. The Toyota’s driver was pronounced dead at the scene, presumably killed instantly in the collision. The driver of the semi-truck had minor injuries, and the adult male passenger of the Toyota was critically injured in the collision. Both were taken by on-scene personnel to different nearby medical centers for treatment. Local news video footage shows that the car was crushed almost beyond recognition by the massive semi, and even the truck has incredible structural damage visible in the video. It is likely there would have been no way for the Toyota to break free or turn away from the impact once the semi struck the rear of the vehicle. According to reports, the building is essentially a total loss. However, in something of a lucky break, no one was in the business at the time of the crash, which is why the injury report was not higher. It cannot be stressed enough to drivers of smaller vehicles — semi trucks have the capacity to do great damage to cars, and can even demolish entire buildings with their impact. Drivers are urged to use the utmost caution when using a road that has semi access. Semi-truck drivers operate large, cumbersome vehicles under very difficult conditions and they are not always in compliance with safety or rest requirements. Be cautious and be safe.

The National Highway Traffic Safety Administration recently released a report which revealed that traffic-related fatalities for the first half of 2011 have decreased overall by 1 percent. According to a news article published earlier today by DetriotNews.com , the slight decrease has been attributed to the notion that many Americans are driving considerably less than in previous years. However, although Americans are driving less, the rate of deaths per mile traveled has seen a slight increase. A Chicago truck accident attorney at our firm learned that the fatality rate for the first half of 2011 was 1.04 fatalities per 100 million vehicle miles traveled, up from the 1.03 fatalities per 100 million miles traveled during the first six months of 2010. Within the last month, the Department of Transportation has published its final traffic numbers for 2010. The statistics reveal that the number of individuals killed on our nation’s roadways fell 2.9 percent to 32,885 in 2010. These numbers are the lowest number of traffic-related deaths since 1949. The National Highway Traffic Safety Administration projects that traffic-related fatalities from January through June 2011 fell 0.9 percent to 15,060 – down from the 15,196 fatalities that were documented for the first half of 2010. The Secretary of the Department of Transportation believes that this decrease is due to safe driving practices that have been established for all drivers, including buckling up and refraining from operating while intoxicated. Every Chicago accident lawyer at Levin & Perconti is pleased to learn that the number of traffic-related fatalities has seen an overall decrease in the recent years. Despite reports from the National Highway Traffic Safety Administration which reveal that the number of individuals injured in traffic accidents increased by 26,000 to 2.25 million in 2010, in addition to, an 11,000 increase to the number of pedestrians injured in traffic accidents, the overall decrease in fatalities is encouraging news. Often times, the most effective way to avoid a motor vehicle accident, including an Illinois trucking accident , is to remain attentive and adhere to traffic laws. Injuries sustained in motor vehicle collisions can be minimized or even eliminated when drivers exercise extreme caution during vehicle operation, especially during these difficult winter months. If you have been injured in a motor vehicle accident, it is important to act quickly. Please contact our experienced Chicago accident lawyers for a free consultation to determine what legal rights may be available to you.

After a fatal trucking accident took the life of their daughter, the family of the accident victim has filed a lawsuit against numerous construction and trucking companies for their alleged role in the accident. According to a news report released earlier today on The Sacramento Bee Online , the fatal accident transpired in January of last year when the 35 year-old accident victim was crossing a pedestrian walkway only a block away from her home. The woman was walking across the cross walk when she was struck by a 21,000 pound dump truck. The devastatingly tragic accident continued as the woman was fatally severed in half upon collision and subsequently dragged by the dump truck. In addition to the recently filed lawsuit alleging negligence and recklessness, our Chicago accident attorneys learned that the dump truck driver was arrested at the scene of the fatal accident and charged with multiple counts, including: failure to yield the right of way to a pedestrian in a crosswalk, as well as, driving with a suspended license. At the root of this tragic accident, the case raises serious concerns about the construction that was being conducted at the scene of the collision. According to the news report, the contractors are believed to have been cutting corners and regularly comprising the safely of the public and the roadway. The complaint in this accident lawsuit alleges that the dump truck was being operated and controlled in an improper, reckless, and unskillful manner by an individual was a deficient driving record and in a manner that did not follow that driving route and other safety requirements that had been implemented by the contractors of the roadway. In order to save time and money, it is alleged that the dump truck driver and others working on the construction project had been permitting shorter, yet more dangerous routes for drivers to operate. An additional aspect of the lawsuit reveals that all of the defendants, both construction and trucking companies, were aware that dump trucks hauling excavated material from the construction zone were not adhering to the designated truck routes. When these types of devastating accidents occur, it is important to have the utmost legal experts on your side. If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of negligent driver, please contact our accident lawyers in Chicago to see what legal rights, representation and relief may be available to you.

Our Chicago truck accident attorneys recently read a news report posted on STLToday.com containing an interview with a veteran truck driver who discussed the various aspects of the trucking industry, including the most problematic – sharing the road with passenger vehicles. The 51 year-old large commercial vehicle driver, who frequently transports cargos of gasoline, reveals many of the problems he faces each day on the road and shares what motorists can do in order to participate in safe travel on our nation’s roadways. In a question and answer-type interview, the trucker discloses that the most dangerous thing a passenger vehicle driver can do while traveling around a large commercial vehicle is to cut off a semi truck. Given that commercial vehicles take considerably longer to brake, it is extremely hazardous to cut off a truck. The semi truck driver encourages motorists to learn the dangers associated with driving a large tractor-trailer and to avoid tailgating and cutting off the vehicle at all costs. Often times, these large trucks are traveling slower because they are transportation very large and very heavy cargos, in addition to, ensuring that safety is a top priority. However, the tractor-trailer driver admits that in addition to questionable driving behavior of passenger vehicle drivers, truck drivers are often guilty to dangerous driving behavior. The trucker reveals that there are a number of semi truck drivers on our roadways who are not very good drivers and should not even be operating on the roads. Our Chicago truck accident lawyers learned that the semi truck driver recommends the following safety precautions for smaller passenger vehicles when traveling near or around large commercial vehicles: - Stay out of a semi truck’s blind spot - Refrain from staying around a truck – if you’re going to pass a truck, pass and go - Never tailgate - Always watch a truck’s signals to make sure of their intentions Our Illinois truck accident attorneys continue to urge our readers to drive carefully around large commercial vehicles. Collisions involving large commercial vehicles, whether through the fault of the passenger vehicle driver or a semi truck driver, can cause substantial property damage, personal injury, or even death. If you or a loved one has been involved in any type of motor vehicle accident, including an Illinois trucking accident , please contact our experienced accident attorneys for a free consultation to determine what legal rights and relief may be available to you.

Late Friday evening, a fatal Illinois trucking accident occurred on Interstate 64 in southern Illinois, resulting in one death and five injuries. According to the news report, the interstate highway was particularly icy yesterday evening, causing a substantial threat to the roadways. The three-car accident transpired when a semi tractor-trailer struck a passenger vehicle – subsequently killing a backseat passenger of the motor vehicle and sending the car’s driver and three other passengers to the hospital for non-life threatening injuries. An additional passenger vehicle was also involved and injured in the trucking collision. The semi truck driver remained uninjured in the accident. Local authorities are attributing the crash to the severe weather and no citations have been issued as of press time. Illinois winter weather often causes an increasing number of motor vehicle accidents, particularly Illinois trucking accidents . Under current trucking rules and regulations, semi truck drivers are required to change their driving habits in order to adapt with weather and roadway conditions. However, a number of drivers continue to operate in a careless manner, even on snowy and icy interstate highways. According to the Federal Motor Carrier Safety Administration , truck accidents have continued on the rise in the past few years. In 2010, there were over 500,000 trucking accidents that resulted in serious injury, while 5,000 resulted in fatality. Each and every year, our experienced accident lawyers in Chicago provide legal representation to the victims of any and all types of motor vehicle accidents, including Illinois trucking accidents. Our attorneys recently obtained a $6.5 million settlement on behalf of a Huntley, Illinois family who sustained a particularly devastating loss and substantial injuries as the direct result of a negligent semi truck driver. During the crash investigation, it was revealed that in addition to the semi truck driver’s excessive speed, the driver was also under the influence of marijuana and operating an overloaded trailer at the time of the fatal accident. If you or a loved one has been involved in a collision involving a large commercial vehicle, it is extremely important to have knowledgeable legal professionals working on your case. Our Chicago trucking accident lawyers will help evaluate your case and determine the best course of civil legal action. Personal injuries or wrongful death claims often cause substantial hardship and our Illinois truck accident attorneys ensure that our clients obtain the maximum compensation for damages incurred as the result of a semi truck collision, as well as, hold the wrongdoer accountable for their negligent conduct.

Earlier today, HuffingtonPost.com released a news report which detailed the enactment of several new rules pertaining to commercial vehicle drivers. After completing numerous public listening sessions, the Federal Motor Carrier Safety Administration has decided to reduce the hours of service a large commercial vehicle driver is legally permitted to operate in a seven day work period from 82 hours to 70 hours. Our Chicago truck accident attorneys learned that the implementation of these new rules comes in light of numerous government agencies overall goal to ensure that truck drivers get enough rest in order to safely operate. A Chicago truck accident lawyer at our firm read that the Federal Motor Carrier Safety Administration Administrator released a statement which reveals that this final rule is the culmination of the most extensive and transparent public outreach effort in the agency’s history. It was additionally revealed that the Federal Motor Carrier Safety Administration encompassed many resources, including input from the trucking community, as well as, the latest scientific research to create a rule which recognizes that when commercial vehicle drivers are adequately rested and alert, the safety of our roadways substantially increases. Additional aspects of the rule require that semi truck drivers must take a break of at least 30 minutes after working eight hours straight. Drivers are also permitted to take 30 minute breaks anytime they need to during the first eight hours of driving. The Federal Motor Carrier Safety Administration’s rule states that drivers can drive up to 11 hours per day, such as the previous rule permitted, although the agency will continue to thoroughly research the dangers of the 11 hour per day rule before a change will be implemented in that aspect. Drivers and trucking carriers found in violation of these new rules will be subjected to financial repercussions. Each Chicago accident attorney at our firm commends the efforts of the Federal Motor Carrier Safety Administration to help make our roadways substantially safer against devastating semi truck accidents. With fatigued semi truck driving plaguing our roadways and causing an estimated 755 fatalities, as well as, 19,700 injuries each year – according to the FMCSA – new rules and regulations must be enacted to help save lives on our nation’s roadways. If you or someone you know has been involved in any type of motor vehicle accident, please contact our Chicago trucking accident attorneys . Our attorneys will provide a free consultation to help determine what legal rights may be available to you.

As a southern Illinois semi truck accident lawyer , I was interested to read about a new proposal to charge a toll on Interstate 70 through Missouri. According to the St. Louis Post-Dispatch , the Missouri Department of Transportation is considering charging tolls to cover the cost of expanding to accommodate expected increases in traffic on the highway. The tolls would apply to every driver, but MoDOT plans to charge truckers two to three times the expected toll for drivers in private passenger cars, which is expected to be 10 to 15 cents a mile. The proposal was not well received by the trucking industry and its allies in the state government — including Gov. Jay Nixon — who expressed concern that smaller carriers would be priced out of their ability to drive through Missouri. According to Kevin Keith, head of MoDOT, Interstate 70 is near the limits of its capacity on a normal day, and often slows if there happens to be road construction or an accident. The pavement is also worn, he noted, and rural stretches near Wentzville and Kansas City need to be updated. To fix this, the agency would like to partner with a private company on one of three proposed projects, ranging in cost from $2 billion to $4 billion. The simplest would replace the pavement, add a lane in each direction and divide the highway. A second plan would, in addition, add a median and replace all the interchanges. The third and most expensive plan would add two lanes in each direction for a total of four, reserving two lanes exclusively for trucks and another two exclusively for cars. MoDOT has already secured permission from the federal government to convert the interstate to a toll road to pay for the work. The trucking industry has publicly criticized the proposal because of the cost to trucks moving through Missouri. A big rig driving the entire length of Interstate 70 with a toll could pay as much as $90, Land Line magazine reported . However, as a St. Louis tractor-trailer accident attorney , I see some merit in the proposal. Though the most expensive plan may not be the most popular with Missourians, it does offer an attractive chance to separate heavy truck traffic from ordinary drivers traveling shorter distances. This would allow drivers to avoid terrible, catastrophic accidents with negligent truckers. Truckers who are too drunk, sleepy or distracted to drive would likely still be out there, but they could only endanger other truckers if they were in dedicated lanes, and a truck-truck accident is a much fairer match. Even the smaller projects contain much-needed highway dividers, which would prevent deadly head-on crossover crashes with large trucks. Crashes between ordinary passenger cars or trucks and semi trucks are almost always serious crashes, because the sheer size and weight of an 18-wheeler guarantees serious damage to the smaller vehicle and the people inside. If your family was seriously hurt in a crash with a semi that you believe was caused by someone else’s negligence, you should call Carey, Danis & Lowe right away. Our Missouri tanker truck accident lawyers focus our practice on these cases because we understand how devastating they can be to victims, personally and financially. In addition to the sudden injuries or deaths in the family, victims sometimes also find themselves pressured by the trucking company and its insurer to accept money or sign papers without time to fully understand what they’re agreeing to. We protect our clients from this type of overreaching and help them get all the compensation they’re legally entitled to from the at-fault truckers and trucking companies.

With just a month shy before its trial date, a tractor-trailer accident lawsuit has been settled for an undisclosed amount, according to a report posted on BillingsGazette.com . A Chicago accident lawyer at our firm recently read the news report which detailed the fatal accident and its subsequent settlement. The accident initially transpired on the early morning of December 5, 2009. According to the lawsuit, the semi truck driver had been operating for over 11 straight hours when the driver lost control of his commercial vehicle. The truck consequentially rolled over on its side, causing the commercial vehicle to partially block the northbound lanes of the interstate highway. According to local authorities, the semi truck driver told police that he lost control of his vehicle when he attempted to veer in order to avoid striking a deer. Our Chicago truck accident lawyers learned that post-collision, state troopers surveyed the area and were unable to find any animal tracks in the snow. Shortly after the overturn of the semi truck, a charter bus collided into the commercial vehicle. The 61-year-old charter bus driver was killed instantly and over 28 passengers of the bus required advanced medical attention for broken bones and lacerations. The widow of the bus driver filed the truck accident lawsuit alleging that the semi truck driver failed to use flares or emergency triangles to alert drivers that his commercial vehicle was blocking the roadway. Additional aspects of the lawsuit named the semi truck driver’s trucking carrier as a defendant. It was alleged that the trucking carrier hired the semi truck driver under the knowledge that the driver had previously obtained multiple traffic citations in his past. In addition to the settlement of the lawsuit that stems from the death of the charter bus driver, subsequent lawsuits have also been filed on behalf of the passengers of the bus. The passengers of the charter bus assert that the 61 year-old bus driver contributed to the horrific collision because the bus driver was driving too fast for roadway conditions and appeared distracted during vehicle operation. Our Illinois accident attorneys learned that one passenger of the charter bus even approached the bus driver with his concerns over unsafe vehicle operation, but was told to return to his seat of get kicked off the bus. Given the severe nature of Illinois trucking accidents , it is important to obtain knowledgeable and experienced legal aid if you have been injured in an accident or have lost a loved one at the hands of a negligent driver. Please contact our attorneys at Levin & Perconti for a free consultation to help determine what legal rights may be available to you.