Types of Truck Accidents We Handle in Illinois

Last updated on March 18, 2025

Due to their size and weight, truck collisions usually cause catastrophic injuries. Often, these injuries are very expensive to survive and live with. Most accident victims find the experience of being hit by a truck painful and also stressful. It may be possible to recover compensation by filing a personal injury lawsuit against any parties responsible for the truck accident. If you were hit by a truck, contact the experienced attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca.

At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we provide comprehensive legal representation for truck accident victims and their families grieving over the loss of their loved one. For decades, our  attorneys have held careless parties accountable for the consequences of their actions. We handle cases involving any type of truck, including but not limited to:

• Cement Truck Accidents
• Delivery Vehicle Accidents
• Dump Truck Accidents
• Fatal Truck Accidents
• Flatbed Accidents
• Garbage Truck Accidents
• Jackknife Accidents
• Loading Dock Accidents
• Minivan Accidents
• Moving Truck Accidents
• Override Accidents
• Panel Truck Accidents
• Pedestrian vs Truck
• Poor Weather Truck Accidents
• Refrigerator Truck Accidents
• Rental Truck Accidents
• RV (Recreational Vehicle) Accidents
• Squeeze Play Accidents
• Tanker Truck Accidents
• Tire Blowout Accidents
• Truck Accidents in Construction Zones
• Truck Backing Accidents
• Truck Rollover Accidents
• Truck-Trailer Disconnect Accidents
• Tow Truck Accidents
• Underride Accidents

Pedestrians and Cyclists Hit By Trucks

Commercial trucking is heavily regulated by both Illinois and federal regulations. The Illinois Commerce Commission regulates intrastate motor carriers and freight brokers. The Federal Motor Carrier Safety Administration (FMCSA) promulgates regulations that cover interstate motor carriers and freight brokers. The FMCSA regulations have almost entirely been adopted in Illinois as state safety laws.

A truck driver or trucking company’s violation of a safety statute raises a presumption of negligence. State and federal regulations cover qualifications of drivers, background checks and reference checks, drug and alcohol testing, disqualification of truck drivers for getting caught driving under the influence of alcohol or drugs, monitoring of driving records on a yearly basis, trucking companies’ overseeing of hours of service, the use of amphetamines, driving while fatigued, and scheduling of loads with sufficient time to make a safe delivery.

In many cases, a pedestrian or cyclist is hit by a truck due to the truck driver’s negligence. Generally, to establish a truck driver’s negligence, you must prove that the truck driver owed a duty of care, there was a breach of duty, and causation and damages are present. A breach of duty could include speeding, running a red light, checking a text while driving, or failing to use turn signals. As noted above, when a safety statute is violated, there is a presumption of negligence.

Generally, trucking cases can be more challenging than other types of cases because evidence is perishable, and much evidence may be permanently lost if you do not have an aggressive attorney who is specifically knowledgeable about truck accidents. For example, big trucking companies often use on-board computers and satellite communication systems. These create data that can support claims of negligence by, for example, saying how a truck was traveling prior to hitting a cyclist. Additionally, engine control modules generate black box data that is important to investigating truck performance.

However, the companies that service the trucks purge this data within 14 days to a month. Trucking companies generally purge records in six months, as permitted by the FMCSA regulations. This makes it very important to send a spoliation of evidence letter to the trucking company.

Sometimes it is possible to hold a trucking company vicariously or directly liable for a truck accident. For example, there would be a presumption of negligence if a trucking company fails to conduct the appropriate background checks and drug tests for a truck driver who, while on amphetamines, hits a pedestrian who was crossing in the crosswalk.

In many cases, the truck driver or trucking company will look for ways in which you, as a pedestrian or cyclist, may have been to blame for the accident, even when the driver or company’s liability appears clear. In Illinois, courts use a modified comparative negligence rule. If you are found more than 50% responsible for your accident, you will be barred from recovering damages. If you are found less than 50% responsible, your damages will be reduced by an amount equal to your percentage of fault.

Pursue a Wrongful Death Claim Following a Fatal Truck Accident

Wrongful death claims are appropriate when the family or personal representative of a truck accident victim seeks compensation for the death of their loved one. As a type of personal injury claim, a wrongful death action may be filed against a truck driver, their employer, and other parties responsible for a collision. Protecting a family’s right to compensation for the wrongful death of their loved one may help ease the financial stress that often accompanies a sudden and untimely death.

Proving liability in a wrongful death claim after a fatal truck accident requires demonstrating that an individual died due to negligence or intentional wrongdoing, and there was a financial loss as a result of the death. Truck collisions may be caused by many different factors, including driver error, truck maintenance issues, and dangerous road conditions. All drivers, including those operating large commercial trucks, must meet their duty of care to operate their vehicle safely. This duty exists in order to avoid foreseeable harm to other people on the road. When conduct violates the legal standard of reasonable care, it will be deemed negligent by a judge or jury.

In fatal truck accident lawsuits, it is important to analyze all of the potential defendants. While a truck driver may be found negligent for causing a fatal crash, the facts may indicate that the trucking company was also legally at fault. For example, if the trucking company hired an unqualified driver or violated safety regulations set forth by the Department of Transportation, they may be liable for the crash. Additionally, family members may pursue a claim against the truck manufacturer if a defect in the vehicle, such as a faulty braking system, contributed to the collision.

In terms of showing losses following the accident, surviving family members are entitled to recover an amount that puts them in the financial position in which they would be if their loved one had survived the collision. Compensation available under Illinois law often includes emotional suffering, loss of support, and the costs for medical expenses related to the care of the victim before their death. Surviving children may assert a cause of action for the loss of the financial support of their parent, as well as the loss of guidance that they would have received. It often proves challenging to quantify the value of the services and care provided by the victim. In some cases, economists and other qualified experts may help ensure that surviving family members set forth a claim for an appropriate amount.

Free Consultation For Your Claim

If you were involved in a truck crash in Illinois, you should consult an experienced injury lawyer. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we also represent people in Aurora, Springfield, Champaign, Rockford, and Quincy, as well as other areas of Cook, Kane, Sangamon, Champaign, Winnebago, and Adams Counties. Contact us online or call us at 312-724-5846 for a free consultation.