Underride truck accidents happen on Chicago roadways way too often, including the Kennedy Expressway (I-190), Eisenhower Expressway (I-290), and the Tri-State Tollway (I-294). These accidents typically result in severe injuries to everyone involved.
If you or a loved one was injured in an underride truck accident, reach out to an attorney as soon as possible. Staver Accident Injury Lawyers, P.C. has an experienced legal team ready to help.
Call us today at 312-236-2900 or contact us online to set a free, no-risk consultation.
What Is an Underride Truck Accident?
An underride truck accident occurs when an 18-wheeler stops suddenly in front of another vehicle, causing the car to run into the back of the truck and get stuck under it. This often also results in many secondary crashes as cars behind the first one slam into the line in front of them.
Should You Hire a Chicago Truck Accident Attorney?
The truck driver, trucking company, and all other third parties will have a team of attorneys on their side, so you should too. By working with an experienced lawyer, you can fight back against the insurance companies who try to lowball people with offers that won’t cover all their losses. Don’t let the insurance companies take advantage of you.
An underride truck accident attorney with Staver can help:
Investigate the Truck Accident
It’s essential to gather evidence as soon as possible. Evidence at a truck accident scene disappears quickly, and memories of bystanders fade soon after the crash. Staver Accident Injury Lawyers, P.C. conducts a thorough investigation of every accident to determine precisely what happened and who should be held liable.
Many trucks have a black box that records what happened immediately before, during, and after a wreck. Trucks also typically have dash cams or other recording devices. It’s important to obtain this evidence before the trucking company has a chance to do away with it.
Get Experts to Support Your Case
Truck accident cases are typically fiercely fought by insurance companies. It can be challenging to prove fault and damages. That’s why it’s sometimes necessary to use experts to support your case. Staver has a vast network of accident reconstructionists, engineers, and other experts who we can use to get opinions for your case.
Communicate & Negotiate With Insurance Companies
You should never speak with an insurance company on your own. The insurance company’s goal is to pay out as little as possible. Let your attorney handle the communication, so your words aren’t used to blame you for anything and reduce your compensation.
Your attorney can also negotiate a fair settlement with the insurance company. An experienced truck accident lawyer will adequately value your case and determine what it is worth. Then, they can demand that the insurance company pay for your damages.
Get You a Settlement or Take Your Case to Court
Insurance companies are more likely to take your case seriously if you obtain an attorney and threaten to sue them. Some insurance companies won’t even respond until you file a truck accident lawsuit. If they refuse to make an acceptable settlement offer, we are not afraid to take them to court.
You should keep in mind that there is a deadline, or statute of limitations, for when you must file a claim or lawsuit. You only have two years from the date of the truck accident to file a lawsuit in court. If you don’t, you may forfeit your right to compensation, even if you have a strong case.
How Much Can I Get for My Underride Truck Accident?
You can get compensation to cover all your losses after an underride truck accident. That includes any economic and non-economic damages.
Economic Damages
Economic damages are medical bills, lost wages, property damage, and anything that can be proven with receipts, bills, and invoices.
Suppose you need money for future economic damages, like ongoing physical therapy or home modifications due to injuries. In that case, you may need to work with an expert to get an opinion about how much money will be required for those items.
Non-Economic Damages
Non-economic damages are things like loss of consortium, pain and suffering, and mental anguish. These items are harder to place a value on.
Some insurance companies use a formula involving economic damages to place a value on non-economic damages. In some situations, you may have to involve other experts to assess these losses properly.
Who’s at Fault in an Underride Accident?
Unfortunately, several variables should be considered when determining who is at fault in an underride truck accident.
Ultimately, fault will be placed on the negligent party. Negligence is a legal concept that indicates a person failed to exercise proper care or due diligence, and those actions or inaction caused injuries or damages to another party.
For example, if a truck driver fails to adhere to federal or state regulations regarding how they should be driving a big rig, and their negligent actions cause a wreck. They are automatically at fault for the accident that they caused.
Common Causes of Underride Accidents
Most underride truck accidents are caused by driver error, especially truckers who are negligent. Common causes of underride truck accidents include the following:
- Failure to follow state and federal regulations
- Broken brake lights
- Lack of reflective tape or lights on the back of a truck
- Truck drivers slamming on their brakes
- Illegal U-turns
- Lack of underride guards on trailers
Underride Truck Accident Statistics
According to the Association for the Advancement of Automotive Medicine, more than 1,700 fatalities are caused by underride truck accidents every year. All these deadly wrecks involved a light passenger vehicle impacting a combination truck or tractor-trailer.
Approximately 60% of underride accidents involve box-type trailers. Only 15% involve cargo tanks, dump trucks, garbage trucks, pole trailers, and other types of trucks. Around 15% involve flatbeds.
Staver Accident Injury Lawyers, P.C. Can Help
Underride truck accidents typically result in serious and even fatal injuries. Although money will not make everything better, it can help you cover expensive medical bills and the time you need off work to deal with life as you know it now.
If you or a loved one were injured, call Staver Accident Injury Lawyers, P.C. at 312-236-2900, or use our online form to schedule a free, no-risk consultation.
