Falling debris and cargo from commercial trucks and tractor-trailers can cause catastrophic damage, and even lead to fatal accidents. The tremendous load carried by these vehicles means that furniture, farm tractors, steel beams, and logs can fall off of a trailer and pose a substantial danger to motorists. Illinois law provides a method to hold negligent drivers and trucking companies accountable for harm caused in a collision. By filing a personal injury claim, victims and their families can set forth their right to compensation for all accident-related damages from a crash. At Therman Law Offices, our dedicated Wheaton and Schaumburg truck accident attorneys bring a combined 35 years of experience to our legal advocacy, and we strive to recover full compensation from all at-fault parties.Liability for a Falling Debris Accident
Truck drivers owe others on the road a duty to properly secure their cargo, and to avoid causing foreseeable harm when operating their truck. Falling debris causes many vehicle accidents throughout the United States, where around half a million truck collisions occur annually. The causes of these catastrophic crashes include improper loading or securing of cargo, as well as other negligent conduct on the part of the driver or trucking company.
Failing to meet tie-down requirements, as well as weight restrictions mandated by state or federal law, may expose the driver or trucking company to legal fault if an accident ensues. Illinois and federal laws regulate the distribution and method of securing goods on tractor-trailers. Securing devices such as friction mats, braces, and chains help to ensure that cargo does not shift during travel, or fall from the vehicle.Proving Negligence
Collision victims may assert their right to recover monetary damages for harm following a truck accident by pursuing a negligence claim. Bring this kind of lawsuit requires the plaintiff victim set forth evidence of a breached duty of care that directly caused the accident and damages. A breached duty of care can take the form of driver misconduct on the road, such as aggressive or impaired driving, as well as failure to adhere to state and federal laws related to other aspects of transporting cargo. If the plaintiff can prove that this sort of breach caused their accident and injuries, they can be eligible to collect damages.
In addition to bringing legal claims against the driver, the victim may be able to pursue claims against the trucking company if the driver’s negligence took place within the scope of employment. An employer could be liable, for example, if a falling debris truck collision took place while the driver was working to deliver cargo for their employer. The employer would be legally accountable for resulting accident costs if the employee’s negligence caused the crash. A seasoned truck accident lawyer can investigate whether an employment relationship existed between the driver and trucking company in your case.Damages that May be Recovered in a Truck Accident Collision Lawsuit
Falling debris truck accident victims may be left with broken bones, traumatic brain injury, and spinal cord damage. Lengthy rehabilitation can lead to financial burdens and emotional stress. Plaintiffs who successfully prove the negligence of the driver or trucking company may be entitled to seek compensation for lost wages from work, medical expenses, loss of future earnings, and emotional distress damages. In some cases, the non-economic harm suffered in a truck accident can be extensive. Accident victims may suffer post traumatic stress, or endure a decreased quality of life following the collision. These types of damages may potentially be recovered in an injury claim.
When a truck accident leads to wrongful death, a lawsuit may be brought on behalf of the deceased. Illinois law allows a personal representative of the victim to pursue a legal claim for expenses incurred before the death. These may extend to medical costs, and the victim’s suffering before death.Consult a Capable Truck Accident Lawyer in Wheaton or Schaumburg
The knowledgeable lawyers at Therman Law Offices understand that following a truck accident, families and loved ones often feel overwhelmed by their physical and economic circumstances. We are here to assist clients in seeking compensation that alleviates the stress of costs for medical care, property damage, and other vehicle accident-related expenses. Our office represents injured individuals and families in Schaumburg and Wheaton, as well as the areas of West Chicago, Lemont, Addison, Elmhurst, Clarendon Hills, Oakbrook Terrace, Lisle, and Downers Grove, as well as the cities of Bolingbrook and Darien. To learn more about the specifics of your claim, please contact our office at 312- 588-1900 or contact us through our online form.