A collision with a commercial truck can lead to serious, long-lasting harm for everyone involved. The size and weight of these vehicles often result in accidents that cause major damage and complicated insurance claims. A lawyer who focuses on trucking accidents knows how to collect essential records to prove someone else was responsible for the accident. By seeking legal help early, you give yourself a better chance of receiving fair compensation. Contact Feagans Law Group P.C. to schedule a free consultation with a St. Charles truck accident attorney.
Why Hire Feagans Law Group P.C. For Your Truck Accident Case?
When you’re hurt in a truck accident, it’s important to have a lawyer who genuinely cares about your situation. Consider Feagans Law Group P.C. for the following reasons:
- Working for insurance companies in downtown Chicago taught us how insurers operate, so we can negotiate effectively on your behalf when these companies try to shortchange you.
- We’ve helped clients in the area for more than ten years, and as members of many local organizations, our St. Charles car accident lawyers feel deeply connected to our community.
- Our relationships with health providers and other professionals ensure that you have access to medical care, financial help, and the assistance you need at every step.
Don’t wait to get the help you need. Contact us today to schedule a free consultation.
Proving Negligence in a Truck Accident Claim
Proving negligence in a truck accident case must be done in order to obtain compensation from the at-fault party. This involves showing that a party had a responsibility to keep you and then failed to meet that responsibility. Below are the four elements you must prove.
Duty of Care
The first thing you need to do is prove that the responsible party owed a duty of care to you. Everyone on the road has a duty to operate their vehicle safely. Truck drivers and trucking companies hold an even greater responsibility because of the size and weight of their vehicles, so this element is usually easy to establish.
Breach of Duty
Next, you must prove that the responsible party breached this duty. A breach occurs when the driver, trucking company, or another responsible party doesn’t meet the required standard of care. For instance, a driver might breach this duty by driving too many hours without rest or speeding on a busy highway.
Causation
You must then connect the breach of duty to the accident and ultimately your injuries. If a driver was dozing off behind the wheel, you have to show that their failure to stay alert led to the crash.
Damages
Finally, you need to show damages. Damages refer to the harm and losses you’ve suffered, such as physical injuries, medical expenses, lost wages, or any emotional effects. In a truck accident, these damages can be severe due to the large size and force of commercial vehicles.
By gathering evidence like driver logs, eyewitness accounts, and medical records, you can strengthen your case and prove all four of these elements.
Deadline For Filing a Truck Accident Lawsuit in Illinois
If you’ve been injured in a truck accident in Illinois, you generally have two years to file a lawsuit. This is known as the statute of limitations. After that period is up, you could lose your right to seek compensation for your injuries. While this might sound like a long time, two years passes quickly, and the longer you wait, the harder it is for your lawyer to obtain strong evidence. Taking action sooner also gives you more flexibility to prepare a strong case.
735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
Sec. 13-202. Personal injury – Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued…
In cases involving government entities, the timeline may be even shorter, and different requirements must be met before you can file your lawsuit. Make sure you talk to a lawyer as soon as possible.
How an Attorney Can Help You With a Truck Accident Case
A truck accident can feel overwhelming, especially when you’re uncertain about liability and battling through recovery from serious injuries. Here’s what a lawyer can bring to the table:
- Attorneys use resources to gather important evidence, like event data recorders and traffic camera footage, to build a thorough account of the accident.
- Your attorney can communicate with the insurance company, presenting evidence of your injuries and financial losses so you’re treated fairly.
- If negotiations fail, a lawyer can prepare your case for trial, presenting your side to a judge or jury to fight for the compensation you should receive.
Working with our truck and motorcycle accident lawyer in St. Charles is the best chance you have at recovering the compensation you deserve after a truck accident.
Contact Feagans Law Group P.C. To Schedule a Free Consultation
Truck accidents can leave you facing expensive medical bills, lost wages, and an ongoing struggle with pain and follow-up care. Having a professional on your side who understands the legal process can make the situation feel less overwhelming. A lawyer will investigate the crash and help you hold the responsible party accountable. If you’ve been injured, consider taking action sooner rather than later, so vital evidence is preserved and deadlines are met. Contact Feagans Law Group P.C. to schedule a free consultation with a St. Charles truck accident attorney.