If you got hurt in a truck accident in Peoria, you may be entitled to sizable compensation. To recover damages, you would need to identify the responsible parties, prove their negligence, provide evidence, negotiate with the insurance company, and possibly go to court.
If you want to increase your chances of obtaining fair compensation, you may want to work with an experienced lawyer. A Peoria truck accident attorney from Zanes law can help you fight for your money and simplify the compensation process.
Who Is Responsible for a Truck Accident?
Even if the at-fault party seems obvious to you, it may not always be that straightforward. In a truck accident, several parties may be liable.
Truck Driver
If the truck driver is operating the vehicle while not on the clock, they are responsible for causing accidents. In such a case, the truck driver’s insurance should cover the damages.
Trucking Company
If the truck driver is on duty at the time of the accident, the employer can be responsible. You may be able to file a claim with the trucking company’s insurance.
Manufacturer
If a truck’s malfunction (for example, bad brakes or old tires) caused the driver to lose control and hit your vehicle, the manufacturer may be responsible. In this case, you may need to sue the truck manufacturing company.
Traffic Participants
Other traffic participants, such as drivers, pedestrians, cyclists, and others could be partially liable for the accident. For example, a jaywalking pedestrian caused the truck driver to swerve and hit your car.
Government
In rare cases, it may be possible to recover damages from the government. This can happen if the local or federal government fails to fix potholes or install proper signs.
If you don’t identify the right parties, the process of damage recovery becomes longer and more complex. An experienced attorney can help investigate the accident, find responsible people and companies, and file direct claims and lawsuits.
For a free legal consultation with a truck accidents lawyer serving Peoria, call 866-499-8989
Negligence in a Truck Accident
To recover damages in a truck accident, you need to prove the at-fault party’s negligence. Doing this involves demonstrating the four elements of negligence:
1. Legal Duty of Care
The truck driver and other traffic participants have a legal duty of care to people on the road. This means they have to act reasonably and abide by traffic laws to prevent accidents and damage.
2. Breach of Legal Duty
You have to show that the at-fault party’s actions breached the legal duty of care. For example, the truck driver was talking on the phone, got distracted, and slammed into your vehicle.
3. Injuries
Next, you need to show that the above breach caused your injuries. For example, the truck slammed into your car, and you fractured several bones.
4. Damages
Lastly, you have to show that injuries led to specific damages. For example, you needed to get surgery to set the bones properly and had to miss work during the recovery period.
Proving negligence requires a careful and professional approach to investigating the accident and collecting evidence. Doing this on your own is tough, especially if you don’t have any legal experience and need time to recover from serious injuries. By hiring an experienced Peoria truck accident lawyer, you can delegate all legal action to a professional and focus on getting your life back to normal.
Peoria Truck Accident Lawyer Near Me 866-499-8989
Damages You Can Recover
If you can prove negligence, you can seek compensation for several types of damages.
Economic Damages
These damages have to do with any expenses you had to face due to the accident. For example:
- Medical treatment
- Recovery expenses
- Lost wages
- Loss of earning capacity
- At-home assistance
- Surgery costs
To prove these damages, you would have to provide relevant evidence, such as bills, doctor’s reports, W-2 forms, and the like.
Non-Economic Damages
Non-economic damages (also referred to as pain and suffering) are:
- Emotional anguish
- Pain
- Loss of consortium
- Loss of enjoyment of life
- Loss of quality of life
When insurance companies or judges determine the amount of these damages, they usually take the amount of economic damages and multiply it by a certain coefficient (usually between 1.5 and 5).
That’s why proving that you are entitled to non-economic damages can increase the amount of the settlement significantly. An experienced truck accident attorney in Peoria can help you gather relevant evidence and hire expert witnesses to prove your right to such compensation.
Wrongful Death Damages
If your loved one dies in a truck accident, you may be entitled to wrongful death damages, including:
- Medical expenses (before death)
- Burial and funeral expenses
- Loss of inheritance
- Loss of support
In Illinois, you can only file a wrongful death lawsuit if you are an official personal representative of the decedent. The court decides who the representative is by initiating a probate process.
Punitive Damages
In some cases, the judge may assign punitive damages. This usually happens if the at-fault’s outrageously negligent behavior caused the accident. For example, the truck driver was under the influence at the time of the crash.
Click to contact our Peoria Personal Injury Lawyers today
The Statute of Limitations in Peoria
After a truck accident happens, you only have a certain amount of time to file a lawsuit. According to the Illinois statute of limitations, this time is two years. While certain exceptions exist, trying to recover damages after these two years are up is nearly impossible.
While two years is a long time, it’s important to file a claim as soon as you can. This can help an attorney gather fresh evidence, find all relevant witnesses, and build a strong case.
Complete a Free Case Evaluation form now
Speak to an Experienced Truck Accident Lawyer in Peoria Today
If you want to seek compensation for injuries sustained in a truck accident, you may require professional legal assistance. Without an attorney, your chances of recovering fair damages are usually low.
An experienced truck accident attorney in Peoria can help you identify at-fault parties, prove negligence, gather evidence, negotiate with the insurance company, and take the case to court if necessary. Get in touch with our legal team at (firm name here) for a free consultation at any convenient time.
Call or text 866-499-8989 or complete a
Free Case Evaluation form