Override truck accidents refer to situations in which an 18-wheeler truck runs over a smaller vehicle, in some cases shearing off the top of the vehicle and potentially dragging it along the roadway. These catastrophic collisions may lead to serious injuries and, in some cases, fatalities. Individuals and their families have a legal right to pursue compensation from a driver or another party responsible for causing the collision. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we explore all of the potential theories of recovery when seeking compensation for our clients. If you or someone close to you has been hurt in an override collision, let our Chicago truck accident lawyers advocate for your right to compensation.File a Claim for Compensation following an Override Accident
A personal injury claim following an override crash may be filed against the truck driver, as well as their employer and the company that hired the trucker to transport the cargo. The injured plaintiff will be required to show that these defendants were legally at fault for causing the collision. A successful plaintiff may be entitled to recover costs associated with the accident, including medical expenses, lost wages from work, and emotional distress and suffering.
To show the liability of a truck driver, accident victims often pursue a negligence claim. Negligence is a failure to act reasonably under the circumstances. In the case of an override accident, a negligent truck driver may have breached their duty of care, directly causing injuries and damages.
Override accidents may result when a truck driver violates a specific federal or state safety law. The Federal Motor Carrier Safety Regulations mandate limited truck hours on the roadway, as well as speed limits and equipment safety. When a driver fails to abide by these regulations or the regulations imposed by Illinois, the victim may use a violation as evidence of the defendant’s fault in causing the accident.
In addition to asserting a claim against a truck driver, override accident victims may have a legal claim against the truck tire manufacturer or the brake manufacturer, depending on whether a part of the vehicle played a role in causing the crash. Insurance companies representing trucking entities may dispute legal fault among themselves, attempting to avoid or minimize their responsibility for compensating the victim.
The damages incurred in an override accident are often severe, especially if the smaller vehicle that was stuck underneath the truck was dragged along the roadway. While being dragged, the driver and passengers may be exposed to hazards such as fire or fuel. Additionally, due to the location of the smaller vehicle, it may be challenging for medical responders to access the victims. In the event of a fatal override accident, the family members of the victim may pursue a wrongful death lawsuit.
Compensation available to override accident victims who successfully demonstrate liability typically includes monetary losses as well as less quantifiable costs. These “non-economic” damages help victims enduring emotional pain and suffering following an accident. Since truck collisions may lead to severe consequences, injured individuals may endure depression or anxiety in addition to their physical harm. Subjective damages, such as emotional suffering, may be established by demonstrating a decreased quality of life following the accident.
If truck accident victims are forced to miss work due to their accident-related injuries, they may pursue lost wages from an at-fault party. Injuries that result in a severe impairment may entitle victims to recover compensation for their loss of future earnings. All of their expected future medical needs should be documented and supported by evidence to strengthen a claim for recovery.Contact a Truck Accident Lawyer in Chicago to Understand Your Rights
If you or someone close to you has been hurt in an override collision, the Chicago lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca can provide legal guidance. As tractor-trailer crash attorneys, we understand the state and federal laws that govern these large commercial vehicles. We are ready to invest time and resources on your behalf to help in the aftermath of a serious truck accident. Our office can be reached online or by calling (800) 444-1525. We also assist victims in Aurora, Rockford, Springfield, Quincy, Champaign, and other communities in Cook, Sangamon, Kane, Winnebago, Champaign, and Adams Counties.