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Law Office of John
S. Xydakis, P.C.
Suite 3600
55 E. Washington St .
Chicago , Illinois 60602
(312) 727-1100















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TRUCK
ACCIDENTS

Did you know that every 16 minutes a person is killed or injured in a truck accident? Did you know that big rig truck accidents continue to increase? Even with these frightening scenarios and statistics, powerful trucking industry lobbyists continue to call for the weakening of truck safety rules and regulations to reap a higher profit.
Trucking revenues totaled $610 billion last year and revenues are forecasted to nearly double by 2015. While commercial trucking growth is good news for the trucking companies and the nation’s economy, it is bad news for the cars, vans and SUVs that share the road with these potentially lethal giants. In tractor trailer accidents, 98% of fatalities occur to the individuals in the passenger vehicles.
As the commercial truck population accelerates to meet anticipated economic demand, and the number of passenger vehicles continues to grow, how will the nation’s motorists fare in competition for the road?
By nature, trucks are massive and hard to maneuver, which can make for dangerous
conditions while driving. Truck accidents in the US take a huge toll on many
aspects of human life, including financial hardship, physical injuries or death, and emotional devastation.
Trucking is now the leading transporter of goods in the country and is expected to expand in the coming years. While expansion of commercial trucks is good news for the trucking companies and the nation’s economy, it is bad news for cars, vans, SUVs and pedestrians sharing the road with these potentially lethal giants.
Statistically, trucks are the most dangerous vehicles on the highways and roads today. As the number of trucks on the roads increase, more and more drivers are at risk. In fact, one out of nine deaths caused by accidents involves at least one truck. About 5,000 trucks are involved in fatal accidents every year. Approximately every 16 minutes a person is killed or injured in a truck accident. From 1992 to 2006, the number of large trucks involved in fatal crashes increased by 10% due to driver fatigue, unsafe vehicle operation, large unstable loads or defective equipment. 500,000 truck accidents occur every year in the U.S.
The unique danger posed by truck accidents can be made worse depending on the nature of the goods the truck is carrying. For instance, if hazardous or flammable materials are onboard, secondary injuries attributable to such dangerous cargo can result, including burns and respiratory injuries.
The reason why truck accidents are such a concern is that drivers are there to make deliveries, and most deliveries have tight deadlines. If you work in an office and you are at risk of missing a deadline you work faster. If you drive a truck and are in danger of missing a deadline, you drive faster – and this all too often leads to an accident. Truck accidents have caused many injuries including back, neck, spinal cord and even brain injuries. And, of course, truck accidents have been responsible for many deaths over the years; deaths of both the drivers and the people in other vehicles that may have been involved in the accident.
When truck accidents do occur, trucking companies involved in the accident often immediately send their representatives to the site of the accident. These agents attempt to handle everything at the accident site in an effort to mitigate their company’s liability. These company representatives know the ideal time to confront an accident victim is immediately following the event.
Unfortunately,
the victim and their families often struggle alone through the difficult after-effects of a truck accident. There are problems related to medical expenses, income loss, property damage, and emotional trauma. Victims and their families face difficult times getting adequate compensation from the insurance companies and truck companies.
From 1992 to 2002, the number of large trucks involved in fatal crashes has increased by up to 10% due to driver fatigue, unsafe vehicle operation, large, unstable loads or defective equipment. Accidents involving semi-truck, 18-wheeler, and large trucks present many unique issues including driver fatigue, intoxication, driver error, equipment failure, and failure to maintain current inspection standards.
According to the National Highway Traffic Safety Administration:
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11% of all motor vehicle traffic fatalities reported involved a heavy truck
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416,000 large trucks were involved in traffic crashes in the Unites States
in 2004
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4,862 trucks were involved in fatal crashes
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the number of people
who died in truck accidents in 2004 was 5,190, and an additional
116,000 people were injured in those crashes.
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Large trucks are much more likely to be involved in a fatal multiple-vehicle crash, as opposed to a fatal-single-vehicle crash.
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Most fatal truck accidents, nearly 66%, occur in rural areas during daytime and on weekdays.
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During the week, 74% of the crashes occur during the daytime and on weekends 62% occur at night.
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The percentage of drivers of large trucks involved in fatal crashes that had a blood alcohol concentration (BAC) of .08 grams per deciliter or higher was 1% in the year 2004.
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About 27% of all large truck drivers involved in fatal truck accidents had at least one speeding conviction compared to 19% of the passenger vehicle drivers involved in fatal crashes.
When truck collisions do occur, trucking companies involved in the accident often send representatives to the accident scene. These agents work to handle everything at the scene of the accident so that they can limit or mitigate their company’s liability.
Many times trucking, hauling and leasing companies dispute whose insurance will provide for victim compensation. These companies’ representatives know that the ideal time to confront an accident victim is immediately following the event. In the aftermath of a truck accident, the traumatized victim will need to make important decisions that will impact their future. Grieving, anxious and injured people are pressured by trucking and insurance companies’ tactics. Too often the victims and their families struggle through the difficult after effects of truck collisions alone.
There are many reasons why a truck accident might occur. Some of the more common reasons include:
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The driver is rushing to meet a tight delivery deadline
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The driver is tired due to driving for long periods
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The driver is stressed and tired, not paying enough attention to other driver and the road
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It is difficult to see blind spots from a large truck
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The driver does not leave enough space for his giant vehicle between other vehicles
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Mechanical failure and defective components
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Overloading of the truck
By working with experienced truck accident lawyers, victims can have some control and participation in ensuring that their rights and interests are protected.
There are no easy answers to providing a productive and safe environment for everyone who shares the road; however making the safety of motorists a priority over profit is an important step in the right direction. If shipping costs rise in order to ensure safer transportation of goods and services, it is a small price to pay to save lives.
What follows is a general guide for you about what you should do immediately after a truck accident:
Report the Truck Accident
Call 911 to report the accident. Many State laws require that you report the accident right away. Reporting the accident is also important if someone has been injured and needs immediate medical attention. Reporting may affect your right to receive compensation.
Seek Medical Attention
Get an immediate evaluation from your doctor after the accident. It is best to seek attention from a doctor even if it is not required.
Contact an Attorney
It is extremely important that you retain an experienced truck accident attorney as quickly as possible. This is because the trucking companies and their insurance carriers frequently send investigators, adjusters and experts to the accident scene to gather and even alter evidence to protect the defendants from a potential lawsuit. You need someone with experience on your side as well.
As the trucking industry rakes in over $1 billion a year and dominates American roads, a greater number of truck drivers, other motorists, and pedestrians are put at risk. Trucking accidents today are becoming a major concern to all people who use the roadways of America.
A
Truck is a motor vehicle for transporting goods. By definition, a large truck is any truck that weighs over 10,000 pounds, and crashes involving large trucks are more likely to result in serious personal injury and wrongful death because of their shear weight and large size.
Over recent years, both the government and truck companies have pulled out all the stops to try and cut back on truck accidents. The government has enforced various laws to make trucking safer and to reduce the risk of accidents, and trucking companies have increased safety procedures as well as training and awareness for their trucking staff. However, there are now over two million more registered trucks than there were a decade ago in the United States alone, and the higher the number of trucks on the road the more likely the risk of an accident.
It’s not just the tight delivery deadlines that can result in a truck accident. Many trucks carry large amounts of cargo – sometimes dangerous cargo, which can result in a truck accident. Truck drivers also tend to work very long hours, and the stress and fatigue often leads to a truck accident. In fact, statistics show that trucks are involved in 1 out of every 9 road traffic accidents. And in 94% of these accidents the occupants of the vehicle with which the truck collided are either injured or killed.
These are just a handful of the more common reasons for a truck accident. Of course, a truck accident can be caused in the same way as many car accidents – through reckless driving, speeding, and mechanical faults. Another hazard of a truck accidents is in the cargo. Even if the truck accident does not involve another vehicle, a chemical or toxic spill can endanger others’ lives.
Those involved in a truck accident in any way could be eligible for compensation, and there are now many lawyers that specialize in dealing with truck accident claims. You may have been injured as the result of a collision with a truck, which was not your fault. A family member may have been killed through a truck accident. You may even be the driver of the truck and was injured through no fault of your own, such as faulty servicing. Or you may have been affected by a spill that resulted from a truck accident, where you were exposed to toxic substances. Whatever the situation, if you feel that you have been injured or affected as a result of a truck accident you may be able to make a claim.
It is advisable to seek legal assistance as soon as possible in order to determine whether you have grounds to file a claim for compensation. An experienced lawyer will be able to determine the viability of your case, and can also discuss the various legal options available to you. He or she can then put together as solid a case as possible to ensure that you are compensated for any harm or injury caused as a result of a truck accident.
You can often get legal advice for free with a free initial consultation from many law firms. So, even if you are unsure as to whether you have grounds to make a claim it is well worth contacting a lawyer to determine whether or not you have a viable case as it may cost you nothing to do this.
WHAT DAMAGES ARE YOU ENTITLED TO?
In addition, to any loss for the
destruction of any property value, under Illinois law, you are
entitled to the following damages: for your personal injury:
a) pain and suffering, b) disability, c) disfigurement, d)
aggravation of a pre-existing condition, e) expenses for past
medical care, f) expenses for future medical care, g) loss of
consortium, h) lost wages, i) diminished or impaired earning
capacity, and j) psychological or mental or emotional injuries,
state whether you are claiming any such category of damages and if
so for each such damage:
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| Case Study: Death case: settled in the very high six figures
An elderly man was driving a small pickup truck on Highway 55 headed towards Memphis. A double-tandem 18-wheeler, driving approximately 10 mph over the speed limit and asleep at the wheel, came upon the elderly man. Approximately three or four seconds before impact, the driver of the 18-wheeler realized that an accident was about to happen and attempted to steer around the pickup truck, catching the corner of the pickup truck and hurling the elderly man across the highway and into a ditch. The driver of the pickup truck was trapped inside the over-turned pickup truck. The passenger, his 85- year old wife, was also thrown from the vehicle.
The driver of the UPS vehicle swore under oath that he was driving the speed limit and that the plaintiff/driver of the pickup truck was crawling along down the highway well below the speed limit. The law office obtained a printout from the data records of the truck which proved conclusively that the truck driver had been speeding and had not recognized the danger until two or three seconds before impact. The elderly driver of the vehicle died as a result of injuries sustained in the accident and his wife recovered fully. The case was settled in the very high six figures. |
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Case Study: Neck injury: $600,000
A Marlton man got a handsome award of $ 600,000, after suffering injuries in an accident with a dump truck. An employee, Eugene Glover, was driving the truck owned by Bogey’s Trucking of Brooklawn at the time of the accident.
Brain Baldwin was driving his pickup truck in Voorhees in 2001 when the incident occurred. He claims that the dump truck went through a red light on Route 73, resulting in the accident. Following the accident, Baldwin suffered neck pain. He subsequently went to the hospital with his injuries and was given medication in the form of muscle relaxants and painkillers. His personal physician later diagnosed him with two herniated discs in his neck as a result of the accident. The man had to go through two years of therapy. Eventually, the discs were fused and a metal plate and screws were inserted. The 38-year old still suffers from pain and does not have full mobility in his neck. Thankfully, he was awarded nearly $ 600,000, providing him a new ray of hope for his life.
Case Study: Truck accident caused brain injury
The Plaintiff was a bright 18-year old woman who was a passenger in an automobile. An 18-wheeler going approximately 65 mph went through an intersection and t-boned the vehicle on the passenger side, causing the plaintiff to hit her head on the side window of her vehicle. The result was a major head trauma, which caused extensive damage to her brain. She was in a coma for a month and has slowly recovered although she is mentally disabled. The case was tried in White County, Arkansas and the largest jury verdict in the history of that county was awarded. Sets of annuities were purchased on behalf of the plaintiff, which has produced and continues to be used as income for her for life.
Case study: Killing & Critical Injuries: $6.9 million settlement
An East Stroudsburg family received a $6.9 million settlement in a lawsuit, after a garbage truck lost its brakes and rammed into the vehicle in which two kids and their parents were riding. The impact of the accident resulted in the death of the five-year old son, named Joseph, and critically injured their eight-year old daughter, Lauren. Joseph died while undergoing emergency treatment at Community Medical Center and Lauren is still undergoing treatment for brain damage and other critical injuries.
The settlement was a structured agreement, in which the family received a $6.9 million settlement in a lawsuit. The award represents the largest known civil settlement in the history of Lackawanna County Court. The settlement was reached last March 3, five days after a trial on the civil action got under way in Lackawanna County Court.
Case Study: $2.8 million settlement reached for Death
Edward Kolatis Jr. died instantly when a rig went out of control off Interstate Route 84 and struck at least three cars parked at a rest stop, one of which hit him, hurling him into the air. Edward landed on the ground in front of the truck and its right rear tandem wheels ran over him as his parents, Edward and Marie Kolatis, and sister, Mary Ellen Kolatis, helplessly looked on. Edward Marie and Mary Ellen Kolatis, administrator of the estate of Edward Jr., filed the wrongful death action against Carl Subler Trucking Inc., headquartered in Versailles, Ohio.
An automobile engineer, hired by the Connecticut State Police, determined that faulty brakes caused the tractor-trailer to run out of control and kill the teen-ager. Police reportedly found 9.5 grams of marijuana in the truck after the accident. A $2.8 million settlement was reached for this wrongful death action.
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If you or someone you loved has been
involved in a truck accident, don't delay. There is a statute of
limitations in which you need to file your case. If you want a free
evaluation of your case, please fill out the form by clicking
here: Chicago lawyer needed for truck accident
case.
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