Override accidents can cause serious or even fatal injuries to everyone involved. If you or a loved one has been injured in an override accident, you should reach out to our Wheaton and Schaumburg truck accident attorneys as soon as possible. At Therman Law Offices, we understand the serious physical, emotional, and financial toll on an accident victim and their family. With more than 35 years of combined experience, we understand the nuances of Illinois personal injury law and can apply our knowledge to your case.Pursuing a Claim Arising from an Override Accident
An override truck accident takes place when a smaller vehicle is run over by a commercial truck, typically going on top of the car. These accidents can be particularly dangerous, due to the sheer size, weight, and force of a truck as compared to a smaller car. The truck can easily crush the car and cause devastating injuries to those involved. Many times, these crashes are results of a truck speeding and being unable to stop in time to avoid the collision. Other causes of override accidents include:
- A truck following a car too closely;
- Adverse weather conditions, such as fog, rain, or snow;
- A truck driver failing to yield to a car’s right of way;
- A truck’s tire blowing out;
- A truck being encumbered by too much cargo;
- A truck’s brakes failing; or
- The truck driver changing lanes without checking blind spots or signalling.
Truck drivers are responsible for the safe handling of their trucks and have a duty to ensure that they are adhering to state and federal rules and regulations regarding the maintenance and operation of these vehicles. Establishing liability in override accident cases can be complicated. Typically, a claim will be rooted in the theory of negligence. Negligence occurs when a truck driver fails to use the level of care and caution that a reasonably prudent truck driver would have used in the same situation. For instance, if a truck driver causes an override accident and your resulting injuries due to falling asleep behind the wheel, that truck driver would likely be liable. This is because a reasonably prudent truck driver would not violate federal hours of service regulations or stay behind the wheel when they are too exhausted to react safely, knowing the risk of accidents associated with such conduct.
Other parties may be liable in an override accident case as well. If a mechanical problem caused by a manufacturing defect was the cause of the override accident, you may be able to sue the manufacturer or retailer through a product liability claim. If poor maintenance was the cause of the accident, your attorney may be able to sue the maintenance company if it can be shown that they did shoddy work or that their work fell below a certain level of care. Additionally, in some cases, you may be able to sue the truck driver’s employer under the theory of vicarious liability. This is possible when the truck driver’s negligence took place while they were acting within the scope of employment (such as making a delivery for the employer). We will examine the circumstances surrounding your accident thoroughly to determine each and every at-fault party in your case.Discuss Your Legal Options with a Truck Accident Lawyer in Schaumburg or Wheaton
Whenever a large truck is involved in an accident with a passenger vehicle, the consequences can be catastrophic for the people in the smaller car. If you or someone close to you has been hurt in an override accident, you should let our skilled truck accident attorneys look into the details of your case. At Therman Law Offices, we can vigorously advocate for your right to compensation. Our lawyers represent victims in cities such as Schaumburg, Wheaton, Westmont, Oakbrook Terrace, Clarendon Hills, Downers Grove, Lisle, Darien, and Bolingbrook. To discuss your case at a free consultation, you can call us at 312-588-1900 or contact us online.