Champaign Truck Accident Attorneys

Last updated on August 30, 2024

With a population of 88,302 during the 2020 census, Champaign is the 10th most populous municipality in Illinois. The city is widely known as the home of the University of Illinois. However, it is also a hub for many different major companies, some of which engage the service of trucking companies in order to deliver goods. Major companies include the university, Target, State Farm, Amazon, I-57, I-74 and I-72 serve the city. If you were injured in a truck crash, call the seasoned Champaign truck accident attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca.

Recover Damages After a Truck Accident in Champaign

As a driver, you face the constant risk of being involved in a collision with a larger, heavier commercial vehicle like a truck, semi-truck, tractor-trailer or 18 wheeler. You can sue any responsible party for the losses you suffer due to their negligence or misconduct. In many cases, there are several victims, all claiming against the truck driver’s insurance policy. It is important to choose a lawyer to represent you who carefully examines the situation to determine liability. When a case is complex or involves multiple vehicles, we may need to retain an accident reconstruction specialist to determine which parties were at fault for the accident and the extent of their liability.

Proving Liability in a Truck Accident Case

In most cases, our lawyers need to establish the negligence of the truck driver and other parties to recover damages on behalf of our clients. This means we’ll need to demonstrate that the defendant truck driver owed you a duty of reasonable care, breached this duty, and thereby caused your injuries and damages.

Parties other than a truck driver who may be responsible for damages under various legal theories include:

• the trucking company,
• third party loader,
• mechanic,
• other drivers,
• and the truck manufacturer.

If, for example, there was a defect in the brakes, such that the truck driver lost control of the vehicle and hit other vehicles, it would probably be appropriate to sue the manufacturer in a product liability lawsuit. Similarly, if we discovered that the third party loading company was responsible for the weight in the truck being unevenly distributed and this was a factor in the accident, it would be appropriate for us to bring the loading company into the lawsuit as a defendant to shoulder some of the damages.

Comparative Negligence

It’s not uncommon for trucking defendants to argue that an accident victim with the least amount of power in the situation was comparatively negligent and therefore is not entitled to the full spectrum of his or her damages. Under the doctrine of comparative negligence, your damages can be reduced by an amount equal to your degree of fault, and you are barred from recovering anything if the jury finds you are 50% or more at fault for the accident. For example, if your damages amount to $500,000, but you are found 51% at fault for the accident, you could be prevented from recovering any damages. If, on the other hand, the jury found you 25% at fault, you could recover $375,000 from defendants found to be at fault.

Our lawyers can work with you to make sure your case is taken seriously by the defendant’s insurers and attorneys. You should not talk to the other party’s insurer before giving an attorney a call; sometimes insurers try to obtain admissions from accident victims and use those admissions to damage their case.

Call Seasoned Champaign Trucking Accident Lawyers

Truck accident lawsuits can be difficult due to the many federal regulations that govern the trucking industry and the powerful insurance companies and lawyers hired by large trucking companies. It is important to hire a lawyer who understands and has the resources to go toe-to-toe with these companies. After getting injured in a truck accident, be sure to preserve anything that could be evidence: documentation, debris, and photographs of the accident. Call the effective lawyers of as soon as possible for a free consultation at 312-724-5846 or contact us via our online form. We fight for best results for our clients, using insights gained over more than 60 years of experience advocating for accident victims. We also handle SSDI and disability claims.

Overweighted/Overloaded Truck Accidents

As of the 2020 census, Champaign’s population of 88,302 is spread out over 23.14 square miles. Illinois is the heart of the interstate highway system; several highways serve the city and its residents, including I-57, I-74, and I-72. I-57 runs north-south between Chicago and Missouri. I-57 is the longest interstate in Illinois and runs in parallel to the Illinois Central Railroad. Illinois routes include IL 10, which travels 91.35 east to west, between a rural area to Champaign. Champaign and other places around the country have seen an uptick in delivery or commercial trucks on their roads. Unfortunately, while there are numerous trucking regulations in place to protect you from negligent drivers, these rules are often violated, sometimes due to carelessness, but other times with the express encouragement of trucking companies who value efficiency and want to make sure the deliveries arrive on time. If you were injured, it is crucial to call the trustworthy Champaign truck accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca for a free consultation. We have more than 60 years of experience.

Overloaded Truck Accidents in Champaign

When trucks transport too much cargo, truck drivers may find it difficult to operate the vehicle safely. Even experienced drivers can struggle with an overweighted trucks. A truck that is not properly loaded may increase its speed by too much while going down a hill or the truck, which could affect steering. Overweighted trucks have a higher center of gravity, and this can lead to a rollover. The truck driver may not be able to calculate the proper stopping distance, which can result in rear-end accidents or even underride or override accidents. When cargo is also loosely held, it may fall into the road and result in secondary accidents.

Interstate truck drivers must abide by the Federal Motor Carrier Safety Administration (FMCSA) and state agencies that impose restrictions on the weight a truck can carry. Some overweight trucks are not detected at weigh stations because the inspections are random. Additionally, when an overweight truck is caught for carrying too heavy a load, it may still be sent back on the road with just a ticket.

Attorneys to Establish Liability in Overloaded Trucks

When a truck driver, trucking company or a third party loading company puts an excessive amount of cargo on a truck, it is more likely that the truck will crash and injure others with whom they shared the road. Several parties may bear responsibility for an overloaded truck accident.

When we represent you, we will need to establish that the crash was the direct result of overloading or an overweight truck. Liability may be easier to establish if the defendant violated the strict industry regulations that govern the weight of the truck, and other aspects of commercial trucking. If any of those parties overloaded the truck, it is likely that the jury will believe they failed to use the reasonable care they owed you and others with whom they shared the road.

We would need to prove: (1) you were harmed by the defendant’s actions that the regulation was meant to prevent and (2) that you were part of the group the regulation was intended to protect. In an ordinary negligence case, we will need to show: (1) the defendant owed you a duty of reasonable care, (2) the defendant failed to live up to that duty by overloading the truck, (3) causation, and (4) actual damages.

The trucking company may be held vicariously (indirectly) or directly liable for an overweighted truck accident case, depending on the circumstances. The company can be held directly if we can show negligent hiring, training or supervision.

Other parties that could be held responsible for overloading are the third party loading company, the truck manufacturer, or a mechanic.

Seek Representation from a Champaign Truck Accident Lawyer

If you were injured in a truck crash and suspect the accident was caused by an overweighted commercial truck, you should call the seasoned Champaign truck accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We have more than 60 years of experience advocating for accident victims in court. We also handle SSDI and disability claims. Call 312-724-5846.