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Proving Negligence in a Chicago Truck Accident


A Chicago car accident can have devastating outcomes. When a truck collides with a passenger car, the results can be fatal.

Unfortunately, truck accidents are extremely common in the U.S. and Chicago. If you are the victim of a truck accident in Chicago, you have legal rights. At Drake & Collopy, P.C., we can investigate your situation and help you file a claim to recover compensation for your losses.

The Danger of Chicago Truck Accidents

Truck accidents are hazardous. The massive weight and size of commercial trucks make them especially dangerous.

Additionally, many truck drivers are on the road for long hours without rest, which means they are fatigued and present a serious risk to others.

Determining Fault in a Chicago Truck Accident Case

To hold someone responsible for a truck accident, it is necessary to determine who acted negligently. Some possible at-fault parties in a truck accident include the following:

The Truck Driver

A commercial truck driver is a professional driver. Along with providing services to their employer, they have a duty to keep other people on the road safe by exercising safe driving habits.

All drivers require proper training and should remain respectful of others on the road. Aggressive, reckless, and distracted driving are all big problems on the road. While tailgating and speeding are common, these create unsafe conditions for drivers.

Additionally, driving while impaired or fatigued may cause a deadly outcome. Your truck accident attorney in Chicago can investigate the accident case to determine if any of the issues mentioned played a role in the collision. It would prove the truck driver was negligent in your accident if it did.

Truck Owner or Company

The trucking company may share negligence if an accident occurs. In some situations, they are found completely responsible for truck accidents.

Sometimes, trucking companies fail to engage in the proper and lawful scheduling of their drivers, which can lead to serious cases of fatigue. Sometimes, drivers are put on the road without the appropriate qualifications or training. A company may also require a driver to operate a truck with safety or maintenance issues.

It is important to ensure that this duty is met and that the vehicles are safely loaded, balanced, and secured based on regulations.

Truck Maintenance Issues

Truck maintenance is the responsibility of the truck owner and driver. Examples of the safety equipment that needs to be maintained regularly include the following:

  • Steering
  • Mirrors
  • Windshield wipers
  • Tires
  • Lights

If the maintenance was handled by a third party and not done properly, the third party might be considered liable.

Sometimes, the design or manufacturer of the truck may be considered liable, too.

Establishing Duty of Care

After the fault is determined, it is necessary to show there was a duty of care and that it was breached through negligence or on purpose. In some situations, liability will be apparent, while determining liability will be more complex in others.

Creating a Game Plan to Pursue Compensation in a Chicago, IL Truck Accident

The above-mentioned information can be somewhat overwhelming; however, you should not let it discourage you. You can count on the truck driver and the truck company to have attorneys ready to fight any claim against them.

You deserve the same level of legal representation. Hire a truck accident attorney to ensure you get the quality advice and guidance needed.

It takes a lot of investigation to discover who is responsible for a truck accident. Proving fault is something that requires investigation and experience. Your focus should be on recovering from the accident and getting your life back on track.

Our experienced legal team is ready to help with your claim. This is one of the most important steps you can take when it comes to recovering from your accident. At Drake & Collopy, P.C., our legal team is ready to provide you with the quality representation you need. Contact our office today to schedule a free initial consultation.

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