Truck accident claims are more unique than the average car collision. This is partially due to dealing with a commercial carrier in a truck wreck case. A commercial carrier is an insurance company that sells insurance policies to companies. Those policies tend to have much higher limits because the companies want to try their best to have the policy limits be able to cover most accidents and avoid having to pay anything out of pocket.
If a truck driver’s negligence causes a fatal accident, the claimant could get the full policy and could potentially go after the company for any additional assets that the company has. That is why most companies will try and get high policy insurance limits to protect themselves as well as a possible umbrella policy that would provide additional protection for the company.
Other unique aspects of Chicago truck accident cases are that these cases typically lead to more severe injuries and it could involve multiple defendants. Due to the sheer size and weight of a truck, a collision with one could cause catastrophic and sometimes fatal injuries. After a truck wreck, it could be established that the truck driver and the trucking company is liable.
For more information, reach out to an accomplished truck accident lawyer.
What is Modified Comparative Negligence?
One of the unique aspects of Chicago truck accident cases is how fault is assigned. Illinois is a modified comparative negligence jurisdiction. This means that the claimant could recover damages as long as they are not determined to be 51% or more at fault. If the injured individual is found to be 10% at fault, their compensation award will be reduced by 10%. If the claimant is found to be 51% or more liable, they are barred from compensation.
The factors can move liability or fault one way or another come down to how the accident occurred. Did the truck driver have any sort of right of way? Did the person slam on their brakes for some reason and the truck driver rear-ended them? An experienced lawyer could investigate the accident to determine how the wreck happened.
What to Expect From a Truck Accident Case
Truck collision cases in Chicago tend to have higher compensation than other injury claims. This is due to the fact that truck accidents typically cause more significant injuries and damages. The insurance companies may fight against paying a claim that the victim deserves, especially if they suffered a significant injury. However, a truck company wants to protect itself which is why it hires quality insurance companies. Good insurance companies are fair and reasonable when it comes to compensating people. The insurance company will fight the cases they feel they have a good argument but are easier to deal with if it is a legitimate case.
A Chicago Attorney Could Help Following a Truck Collision
After a truck collision, the injured victim should seek medical attention right away. After getting necessary medical care, they should reach out to a seasoned truck accident lawyer. An experienced Chicago truck accident attorney will be knowledgeable about the unique aspects of Chicago truck accident cases and could help the individual recover the compensation they deserve. A lawyer could help gather and collect evidence, establish negligence, and negotiate with the insurance company for a fair settlement. If the settlement is not satisfactory, they could file a lawsuit and help the injured victim recover the compensation they deserve.