Truck Accident Lawyer

Earlier this week, a Chicago truck accident lawyer at our firm read a news report posted on OrlandoSentinel.com detailing a disastrous semi truck accident. According to the news article, the accident in question transpired when a semi tractor-trailer and a passenger vehicle were traveling along an interstate highway. The passenger vehicle was traveling well below the posted speed limit of 65 miles per hour due to mechanical problems within her vehicle. However, a semi truck traveling behind the vehicle failed to notice the driver’s reduction in speed and the driver subsequently braked and steered to the right to avoid the passenger vehicle. As a result, the semi tractor-trailer jackknifed as it entered the emergency lane. The 34-year-old driver of the passenger vehicle sustained minor injuries as a result of the accident while the semi truck driver remained unharmed. The wreckage caused traffic to remain stalled for more than an hour along the interstate highway as clean-up crews attempted to clear the scene. Our Chicago truck accident attorney learned that as a result of the accident, the semi truck driver has been charged with careless driving for his role in the jackknife collision. Any Chicago trucking accident attorney will tell you that when these types of accidents involving large commercial vehicles transpire – the results can be particularly devastating and life-altering. Give the fact that semi tractor-trailers are built, maintained and driven substantially different than any other type of vehicle and can weight upwards of 80,000 pounds, their ability to cause significant damage upon impact is dramatic. With over 500,000 personal injuries resulting each and every year from trucking accidents involving large commercial vehicles – according to the Federal Motor Carrier Safety Administration – commercial vehicle drivers and their trucking carriers must exhibit the utmost standard of care during operation - including the oversee of driver operation. In the tragic event that you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent large commercial vehicle driver, please contact us at Levin & Perconti as soon as possible. Our accident attorneys in Chicago have expertly handled a wide variety of cases involving motor vehicle accidents, including those involving tractor-trailers. We ensure that our clients are properly and adequately compensated for the damages they have sustained as a direct result of their accident. These damages include but are not limited to: loss of wages, medical expenses, as well as, any physical and emotion pain and suffering.

As a Missouri semi truck accident attorney , I was interested to read a case involving a loss of a dangerous load from the back of a truck. Any load loss can cause havoc on the road, but when large, heavy objects spill out of the back of a truck, they can cause immediate fatal accidents. Of course, the trucker and trucking company responsible for securing the load properly are the ones legally at fault for this kind of accident, and negligent driving can also play a part. In Webster v. Southeast Alabama Timber Harvesting et al. , Patricia Gail Webster sued both the timber company and its truck driver over injuries she sustained when timber came loss from their truck. The lawsuit was filed in Chambers County, where the timber company is based, but in this appeal, the Alabama Supreme Court ordered a change of venue to Lee County, where the accident took place. Webster was driving on Marvyn Parkway in Lee County in February of 2011 when her car collided with timber that came loose from a truck driven by Michael J. Smith. Smith was employed by Southeast Alabama Timber Harvesting, which owned the tractor-trailer. Webster suffered unspecified serious injuries and was treated at a Lee County hospital. Two months later, Webster sued, alleging negligence in the loading of the truck; negligent hiring, training and supervision of Smith; wanton and reckless conduct, and violations of traffic laws. Though the accident had taken place in Lee County, where Webster lived at the time, she filed in Chambers County, where Southeast has its principal office, as Alabama law authorizes. The defendants, however, argued that the case should be moved to Lee County under forum non conveniens, meaning it would be more convenient for parties and witnesses. After a hearing, the trial court denied the motion, triggering the instant appeal. On appeal, the defendants sought a writ of mandamus ordering the case to Lee County, and the Alabama Supreme Court ultimately granted it, finding the interests of justice required moving the case. The “interests of justice” test requires the defendants to show that Lee County has a stronger connection to the action than Chambers County. The high court found they met that burden because the only connection the case has to Chambers County is the headquarters of Southeast. The accident took place in Lee County; emergency responders from Lee County helped out after the crash; and the only nonparty eyewitness to the accident also lives in Lee County. The high court dismissed Webster’s arguments that forum non conveniens favored the defendant’s home county, saying the cases she cited in support are easily distinguishable, while cases she failed to acknowledge are on point. Thus, it granted the writ of mandamus. Justice Murdock dissented, arguing that the high court has misinterpreted the interest of justice test in a way that negates state law. As a southern Illinois tractor-trailer accident lawyer , I suspect both parties have good reasons for their preferences. For better or for worse, some areas have a reputation for being friendly or unfriendly to defendants in civil lawsuits like this one. Madison County, near our Belleville, Ill. office, is nationally famous as a place where plaintiffs do well, although it’s not clear how true that is. If Webster and Southeast both felt that Lee County was friendlier to defendants, it’s not surprising that they’d put so much money and effort into supporting or opposing a move there even though the two counties are adjacent. Unfortunately, this decision doesn’t resolve the far more important issue of why the truck lost its load in the first place. No matter where the case is tried, as a St. Louis big rig accident attorney , I do not believe a jury will excuse clear negligence by a trucking company that inadequately secured such a dangerous load, or by a driver who was careless with other motorists’ lives.

An Illinois trucking accident lawsuit has been filed as a result of a tragic fatal semi truck accident that transpired last year – ultimately resulting in the death of a Channahon woman. SunTimes.com reports that the wrongful death lawsuit has been filed on behalf of the 44-year-old Illinois woman’s family. The accident in question occurred when the accident victim was traveling west on U.S. 6 in Channahon on May 10, 2011, when a semi tractor-trailer struck her motor vehicle on Bell Road and forced it into a traffic pole. A Chicago truck accident lawyer at our firm learned that the 44-year-old driver was pronounced dead at the crash scene. It was reported that two of the woman’s children were also traveling in the motor vehicle with her and also sustained injuries as a result of the accident. According to court papers, the wrongful death lawsuit names the truck driver, as well as, his employer as defendants. Additionally, the truck accident lawsuit names the town of Channahon as a defendant because the pole that pinned the driver’s side of the accident victim’s vehicle did not collapse. It is noted that if the pole was collapsible – it would have lessened the force of the crash. According to Will County records, the defendant truck driver was not ticketed immediately after the accident. The wrongful death lawsuit seeks more than $1 million in damages. Any Chicago truck accident attorney will tell you that accidents involving large commercial vehicle accidents tend to be substantially more severe in terms of damages and it is important to obtain experienced accident attorneys to help handle your claim. Since 1992, our attorneys at Levin & Perconti have expertly handled numerous wrongful death claims for victims of all types of motor vehicle accidents and ensure that our clients are properly compensated for their injuries and losses. Recently, our lawyers obtained a $6.5 million settlement on behalf of 32 year-old Huntley woman who was fatally injured when a semi tractor-trailer rear ended the passenger vehicle which was also transporting both her husband and young son. The settlement was also a $4.7 million record Kane County wrongful death settlement when it was revealed that the defendant truck driver was operating under the influence of marijuana, in addition to, an overloaded semi tractor-trailer. If you have been injured or have lost a loved one in an Illinois trucking accident , please contact an accident lawyer in Chicago to see what legal rights may be available to you.

TruckingInfo.com recently released a news report detailing a new rule geared towards trucking carriers that has been implemented by the Federal Motor Carrier Safety Administration. Our Chicago truck accident attorneys learned that last week, the Federal Motor Carrier Safety Administration posted their final rule that changes its procedures in several areas affecting truck lines, intermodal equipment providers, brokers, freight forwards, in addition to, hazmat proceedings. One of the most significant changes implemented by the Federal Motor Carrier Safety Administration is the requirement that even in the event that a trucking carrier pays a full civil penalty in enforcement proceeding does not give them the ability to unilaterally avoid an admission of liability. Our Chicago truck accident lawyers learned that such a payment constitutes admission of all the facts in a Notice of Claim, unless the trucking carrier and the Federal Motor Carrier Safety Administration agree otherwise. It is also reported that the Federal Motor Carrier Safety Administration will also review out-of-service orders before they go into effect on reincarnated operations that have a history of breaking the rules. Additionally, the Federal Motor Carrier Safety Administration will consolidate the records of reincarnated entities with their predecessors’ records. The agency’s decision was ultimately turned on its contention that businesses with a lot of financial resources could afford to repeatedly violate the rules by simply paying the fines. Our Chicago trucking accident attorneys are pleased to learn that the Federal Motor Carrier Safety Administration has enacted a rule for trucking carriers that makes it tougher for the trucking carriers who have been sanctioned to reincarnate themselves under a new identity. As large commercial vehicles travel on our busy roadways day in and day out – the safety of the traveling public should always remain a top priority. Mandated regulations, such as the one previously mentioned, aid in ensuring that unsafe trucking carriers and their drivers are restricted from dangerous operation. In the event that you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent commercial vehicle driver, please contact us as soon as possible. Our accident attorneys in Chicago have expertly handling a wide variety of cases involving motor vehicle accidents, particularly those involving commercial vehicles. We ensure that our clients are properly compensation for the damages they have sustained as a direct result of their accident, such as: loss of wages, medical expenses, as well as, physical and emotional pain and suffering.

Earlier this weekend, a Chicago truck accident lawyer at our office read a news report confirming that two individuals have been injured in an Illinois bus accident on the Stevenson Expressway. According to the article, posted on SunTimes.com , the accident transpired Friday morning when one of three buses transporting inmates from Cook County Jail to Stateville Prison collided into the bus traveling in front of it. It was reported that the bus driver has not noticed the reduction of traffic speed when he collided into the other bus around 8 a.m. on the outbound Stevenson – just south of Pulaski. As a result of the bus collision, our Chicago truck accident attorney learned those injured included one inmate, as well as, one law enforcement officer. Both individuals suffered minor injuries and were taken to Mount Sinai Hospital. It was revealed that the other 105 inmates were put back onto the buses and taken back to Cook County Jail where they were put under medical review to ensure that no other injuries were sustained. After being medically checked out, the inmates were transported back to Stateville Prison. Illinois State Police revealed that although the accident caused traffic to remain backed up for a short period of time after the accident, the buses were relocated off the interstate – allowing traffic flow to resume. Given the substantial size and weight of large commercial vehicles, such as buses and semi trucks, any collisions in which these vehicles are involved in carries the significant risk of debilitating and life-altering injuries and in many unfortunate cases — premature death. Statistics provided by the Federal Motor Carrier Safety Administration reveal that in 2009 alone, over 10,000 vehicles were involved in bus accidents across the United States. Of those 10,000 accidents, over 9,000 resulted in injury or death – ultimately causing over 20,000 individuals non-fatal injuries or fatality. In the event of a bus accident, any Chicago trucking accident attorney will tell you that the consequences can be substantial for injured parties and their families. When negligence plays a role in these types of accidents, civil litigation can help families obtain the compensation they deserve as a result of another’s wrongful or negligent conduct. Some of the most common types of compensation accident victims can recover in a bus accident include: - Medical expenses - Lost wages - Loss of earning capacity - Rehabilitation expenses - Physical and emotional pain and suffering - Punitive damages aimed to punish the wrongdoer for their negligent conduct

AnnArbor.com recently released a news report detailing a semi truck rollover accident that sent four individuals to the hospital. A Chicago truck accident attorney at our office read the news article which stated that the accident in question transpired as the semi truck was traveling east along an interstate highway when an SUV attempted to pass the tractor-trailer. Both vehicles were traveling near an entrance ramp when a box truck entered the interstate highway. A subsequent collision resulted when the SUV attempted to move into the left lane – striking the semi truck. As a result, the semi truck driver lost control of his trailer and collided into the roadway’s median wall before ultimately rolling over onto its passenger side. Although our Chicago truck accident lawyer learned that four individuals were taken to an area hospital with non-life threatening injuries, all four individuals has to be extricated from their vehicles by an area fire department. Both east and westbound lanes of the highway remained closed for several hours while roadway crews managed to clean up the debris from the accident. Any Illinois truck accident attorney will tell you that when a semi tractor-trailer rolls over, the risk for motor vehicle accidents resulting in severe injury or fatality significantly increases. Often times, semi truck rollover accidents ensue as a result of a wide variety of negligence. Some of the most common types of negligence attributed to a semi truck rollover include: an improperly maintained vehicle, improperly loaded trailer, or even improperly operation. In these types of cases where negligence plays a factor in a tragic accident, the truck driver, as well as, their trucking carrier may be found liable for personal injury or wrongful death in a civil court of law. The Federal Motor Carrier Safety Administration extensively regulates federal trucking laws that must be adhered to by truck drivers and their carriers. Truck drivers are required by law to operate with a standard of care that avoids potential hazards at any and all costs. These standards have been established because of the substantial risk associated with large commercial vehicles that weigh upwards of 80,000 pounds. When this standard is deviated from and an accident resulting in broken bones, spinal cord, neck injuries, or even premature fatality occurs, civil litigation is highly beneficial for injured parties and their families to obtain compensation for damages incurred. If you have been injured in an Illinois trucking accident , please contact our experienced accident attorneys at Levin & Perconti to see what legal rights may be available to you.

Earlier this week, a Chicago truck accident lawyer at our firm read a news report posted on PhillyBurbs.com detailing a negligence lawsuit that has been filed on behalf of an 11-year-old girl who was killed after a dump truck collided with the school bus she was traveling in. The accident in question transpired in February of this year when an overloaded dump truck was traveling at an excessive speed and failed to observe oncoming traffic before crossing a high speed intersection – subsequently colliding into the school bus. The dump truck struck the rear side of the bus – causing the school bus to spin and crash into a light pole at the intersection. As a result of the accident, seventeen children were injured – including the accident victim’s two sisters — and causing fatal injury to the accident victim. The civil lawsuit was filed earlier this week by the 11-year-old’s parents and seeks an unspecified amount of damages. Our Chicago truck accident attorney learned that many of the claims asserted in the lawsuit stem from findings released by law enforcement agencies and the National Transportation Safety Board. At the time of the accident, the 66-year-old school bus driver was cited for failing to stop or yield and the 38-year-old dump truck driver was charged with violations stemming from the condition of his overweight truck, inadequate brakes, as well as, improper securement of the dump truck’s load. According to court documents, the lawsuit asserts that the defendants were negligent in their daughter’s death, as well as, the injuries and trauma sustained by her sisters. It is asserted that the truck should not have been traveling on the roadway due to its weight and condition and that the truck driver was driving at an excessive speed and not paying attention to the dangers posed by the roadway. The complaint also refers to the suspension of the dump truck driver’s license in 2003 for reckless driving. It is argued that the suspension was a predictor that he would likely be involved in future accidents and his trucking company should have assigned him to a non-driving position. Our Illinois truck accident attorneys learned that although no criminal charges have been filed – it is reported that the case will remain open and that no determination would be made on criminal charges until the safety board concludes its study and issues a final report. Possible criminal charges may be filed against the school bus driver who – according to toxicology results – maintained a therapeutic level of an undisclosed prescription drug in his system. However, local authorities reveal that the drug was properly prescribed to the driver and would not have impaired his ability to driver the bus at the time of the accident.

A recent accident in Chambersburg, PA, may seem very much like any other on the surface. However, it illustrates part of the difficulty caused by semi truck accidents, and why such collisions are not only larger but also more complex than more typical roadway accidents. The accident, which took place on April 11th, happened at Exit 14 in the southbound lanes of I-81. The tractor-trailer flipped over at the exit ramp at 11:04 a.m., blocking multiple lanes of traffic until several hours later. The reason the accident took so long to clear is the reason that people use semi trucks in the first place — it was transporting a large cargo that had to be cleared away first. In this case, the truck was carrying several tons of newsprint, large rolls of newspaper stock. Recovery crews had to raise the truck several feet off the ground on hoists so the cargo could be inspected. Then, the massive rolls of newsprint had to be carted away from the accident on tow trucks. Only after the cargo was removed could crews begin to move the truck itself from the highway and allow traffic to resume. As a result, traffic to that exit was blocked until just after 3:00 p.m. According to a local man, it took over an hour to travel between two exits following the accident. Semi trucks are almost always carrying very large cargoes, of course. In some cases, these payloads are hazardous materials such as fuel or chemicals of one sort or another. Many tractor trailer accidents can result in the cargo spilling out onto the highway. But even those that do not spill their cargo, often require it to be secured and transported before the wreck of the vehicle can be dealt with and removed, particularly when the cargo is dangerous or flammable. This is part of what makes semi truck accidents so disruptive, and indeed so very dangerous.

Earlier today, WashingtonPost.com released a news report detailing a government mandated investigation of a particular model of school buses that have been shown to shall without warning. A Chicago truck accident attorney at our firm read the news article which further revealed that the National Highway Traffic Safety Administration posted a notice about the investigation of all school buses from the 2008 model year on their website yesterday. Although no accidents or injuries have been reported, three cases have been reported by the International CE-brand buses in which the high-pressure oil lines on the school buses - which connect the oil pump to the fuel injectors – have apparently failed. Our Chicago truck accident attorney learned that in one of the reported cases by International CE-brand buses, a school bus full of public school children was traveling 55 mph when the school bus began smoking and ultimately stalled. The driver of the school bus was required to pull over to the side of the road. Fortunately, no one was injured as a result of the incident. Any Chicago trucking accident attorney will tell you that the safety of school children on school buses always remains a top priority by local, state, as well as, the federal government. Given that school buses provide a substantial amount of mass transportation across our nation, it is no surprise that the number of accident involving school buses resulting in injury or fatality is increasing. According to school bus accident statistics provided by the National Highway Traffic Safety Administration , approximately 8,000 school children are injured in school bus accidents each and every year. Additionally, supplemental data from the National Highway Traffic Safety Administration found that although 42 percent of these injuries were related to school bus crashes, roughly a quarter of the injuries resulted when the children were boarding or leaving the school buses. Injuries were also reported in cases when they slip and fall on school buses or when school bus drivers apply the bus’s brakes too hard to turn corners too rapidly. Our Illinois truck accident attorneys at Levin & Perconti are pleased to learn that the federal government is taking the initiative to ensure the safety of our school children through the regulated inspection of the vehicles that transport children to and from school. In the unfortunate event you or a loved one was injured in a school bus accident due to driver negligence or faulty bus equipment, please contact our experienced accident attorneys to see what legal rights may be available to you.

Earlier this week, a Chicago truck accident attorney at our office read a news report detailing new sleep apnea guidelines that the Federal Motor Carrier Safety Administration is looking to implement into the trucking industry. TheTrucker.com reports that the recommendations were provided by two medical advisory bodies in February on the topic of obstructed sleep apnea in truck drivers. The recommendations list a body mass index or BMI of 35 or great and an Apnea Hypopnea Index or AHI of 20 or more (moderate to severe sleep apnea) as being triggers for testing and treatment. Under the recommendations, treatment would consist of using a Positive Airway Pressure or a PAP machine. Our Chicago truck accident lawyer learned that the use of dental appliances to treat sleep apnea were “not approved alternatives at this time” by the medical advisory boards. The Federal Motor Carrier Safety Administration recently revealed in a notice published in the Federal Register this is “proposes to adopt the recommendations as regulatory guidance after reviewing and evaluating comments received by the public.” It is reported that public comments must be received on or before 30 days from April 19, 2012. Additional aspects of the recommendations include: - A driver with a BMI of 35 or greater could be conditionally certified for 60 days pending a sleep study and treatment if diagnosed with OSA. Within 60 days, if the driver was compliant with treatment, he or she could get an additional 90-day certification. - If, after 90 days the driver is still compliant with treatment he or she could get certification for a year depending on continued compliance. - PAP compliance is defined as “at least” four hours a day of use on 70 percent of days with seven or more hours of daily use during sleep deemed “preferable.” - A commercial driver with a diagnosis of obstructive sleep apnea (OSA) can be certified if he or she has only mild to moderate OSA (an AHI of less or equal to 20) and if the driver “does not admit to experiencing excess sleepiness during the major wake period or the driver’s OSA is being effectively treated.” - The AHI is used to measure the severity of sleep apnea and has to do with the number of times a night a person stops breathing. Our Illinois truck accident attorneys at Levin & Perconti are pleased to learn that the Federal Motor Carrier Safety Administration has been extensively working on recommendations and future regulations for truck driver sleep apnea. These recommendations are a positive step in the right direction for reducing potentially fatal accidents caused by issues related to a truck driver’s sleep apnea.