Refrigerator Truck Accidents
Refrigerator trucks are large vehicles routinely used to transport temperature-sensitive cargo. Food products, medications, and other items that must be delivered in a timely manner are examples of typical cargo found in refrigerator trucks. Truck drivers are under pressure to ensure that their products do not perish. Often, the high rate of speed or fatigue endured by drivers can lead to a crash, causing serious injuries and damage to others on the road. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent people injured in truck accidents as they pursue compensation through personal injury lawsuits. Our Chicago truck accident lawyers are seasoned litigators and negotiators, familiar with state and federal trucking laws relevant to these serious types of collisions.Refrigerator Truck Accidents Pose Serious Risks of Harm
When a refrigerated truck and a passenger vehicle are involved in a crash, life-altering injuries can occur. In many cases, these accidents result from excessive speeding or insufficient driver training. Additionally, since these trucks carry unique, refrigerated cargo-beds, they may require more routine inspection than other, similar-sized trucks. Truck drivers and owners should identify potential maintenance issues in order to help avoid a loss of control of the vehicle or brake failure. In some cases, refrigerator truck accidents can result from more than one factor, and multiple parties may be held accountable for injuries suffered by victims.
The negligence of a truck driver typically contributes in some manner to refrigerator truck accidents. Victims in a personal injury claim would be required to show negligence, which means that the driver breached their duty to act reasonably, as another prudent driver would act under similar circumstances. Additionally, the victim must show that the defendant’s unreasonable conduct caused the plaintiff harm and damages. An example of negligence would be a driver who failed to take routine and legally mandated rest stops and, as a result, fell asleep while operating their truck, ultimately causing a crash.
In some situations, employers of refrigerator truck drivers can be held accountable for the negligent conduct of employees. Through the legal theory of vicarious liability, the victim can allege that the driver was acting in the scope of their employment when the accident occurred and that the employer was liable for the employee’s conduct. For example, an employee who was delivering cargo at the time of the crash will likely be deemed to have been acting in the scope of their employment.
When trucking companies attempt to make it difficult for the victim to pursue their claim for compensation, the plaintiff has the right to pursue a spoliation of evidence claim. Spoliation of evidence can occur when evidence that may be important to a truck accident lawsuit is intentionally displaced, lost, or made unavailable by an interested party. In essence, this intentional conduct seeks to defeat litigation. When a victim successfully shows that they have placed the defendant on notice of the legal claim, or a potential claim, the defendant is deemed to have an awareness of their duty to preserve evidence. There are certain legal standards concerning a spoliation claim that must be strictly followed by a plaintiff, and a skilled lawyer can ensure that these are followed.
After showing that the defendant driver or trucking company caused the underlying truck accident, the victim will be able to recover costs associated with the crash. Not only is extensive property damage common in a truck accident case, but also victims typically suffer serious injuries, requiring ongoing medical treatment and care. Assessing the true extent of the harm is necessary, since the future costs of care may be recouped by a truck accident victim who proves the fault of a defendant in a legal claim.Retain a Skilled Truck Accident Attorney in the Chicago Area
The amount of compensation to which truck accident victims may be entitled through a personal injury claim depends on many factors, including the severity of the collision and the resulting injuries. If you or someone close to you has been hurt in a tractor-trailer accident, you have the legal right to file a claim against any parties that may have caused your harm. At the Chicago law firm of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we have decades of combined experience in proving the full range of injuries for each of our clients. Use our online form or call our office at (800) 444-1525 to schedule a complimentary consultation with a dedicated truck accident lawyer. We help victims throughout the state and often represent people in Chicago, Springfield, Rockford, Aurora, Quincy, and other communities in Cook, Champaign, Sangamon, Kane, Adams, and Winnebago Counties.