Schaumburg Truck Driver Fatigue Lawyer
Truck Accidents Caused by Tired Truck Drivers
Driver fatigue is a serious and often overlooked cause of devastating crashes. When truck people drive while drowsy or overworked, their reaction time and decision-making become impaired.
Victims of driver fatigue crashes suffer severe injuries and fatalities. They may also endure financial constraints due to medical expenses and the inability to work. You may be entitled to compensation if injured in a truck crash caused by driver fatigue.
Even so, you must prove that driver fatigue caused the accident. You may also face resistance from the insurer of the negligent party, who may reject your claim or make a low settlement offer that doesn’t cover your losses.
Our Schaumburg truck accident lawyers at Vito & Dollenmaier Law understand the impact of injury-related losses and are ready to protect your rights. We can investigate logbooks, driving schedules, and rest regulations to prove negligence and fight for the compensation you deserve.
Schaumburg Truck Driver Fatigue Guide
- How Much Is My Truck Accident Worth
- Where Do Truck Accidents Occur in Schaumburg
- Driver Fatigue Truck Accident Attorney
- Fighting the Insurance Company
- What to Do After a Truck Crash Due to Driver Fatigue
- Schaumburg Truck Driver Fatigue FAQs
Who else besides the driver can be held liable for a fatigue-related truck accident? - Protect Your Rights With Our Experienced Truck Accident Lawyers
Why Choose Our Schaumburg Driver Fatigue Truck Accident Attorneys
Choosing the right legal firm can make a difference in your personal injury claim or lawsuit. Our truck accident attorneys are committed to providing high-quality representation that protects your rights and pursues justice for your losses.
At Vito & Dollenmaier Law we are tried and tested. Our Schaumburg personal injury attorneys have decades of experience, which gives us insights and knowledge to handle driver fatigue truck crashes. You can count on us to handle the legal aspects of your claim as you focus on recovery.
How Much Is My Truck Accident Worth
Due to driver fatigue, there is no average value for a truck accident. The outcome depends on the facts and circumstances of the injury.
Here are the factors that influence the value of a truck accident claim:
Severity of Your Injury
The severity of your injury can determine if you’ll receive a higher or lower settlement value. Injuries resulting from truck accidents can range from minor cuts and bruises to catastrophic injuries that have a long-lasting impact on the victim’s life.
The more severe the injury, the higher the compensation a victim may receive to cover medical expenses, lost income, pain and suffering, and future care needs.
For example, a common injury in truck accidents is traumatic brain injury (TBI), which can have life-changing consequences for the victim. The extensive medical treatment and rehabilitation required for TBI can result in high medical expenses and long-term care needs.
As a result, the value of a truck accident case involving a severe injury like a traumatic brain injury is likely to be higher compared to a case involving minor injuries.
Moreover, the severity of the injury can also impact the length of time needed for recovery and the extent of disability. In cases where the victim is left permanently disabled or unable to work, compensation must reflect these long-term consequences, including future earning potential and quality of life adjustments.
Our truck accident attorneys can use medical records to prove the extent of your injury, demonstrate the long-term impact, and justify a fair and full settlement value.
Shared Liability
Shared liability, or modified comparative negligence, means that both parties involved in the accident share some degree of responsibility for the incident, such as if a fatigued truck driver collides with another vehicle due to road conditions, weather, or reckless driving.
For instance, if the truck driver was fatigued and caused the accident, but the injured party was also speeding at the time of the collision, the court may find both parties partially at fault. In this scenario, the injured party can receive a lower settlement value due to shared liability.
Insurance Coverage of the Negligent Party
In most cases, the negligent party’s insurance coverage is the source of compensation for the injured victim. Their insurance coverage can determine if you’ll receive a fair settlement value for your losses.
A negligent party with low-limit insurance coverage can restrict how much you can receive for your injury-related losses. Our truck accident attorney can explore alternative sources of compensation, including underinsurance/uninsured coverage or filing a lawsuit against the negligent party.
Availability of Evidence
Although you may be entitled to compensation for your losses, you must prove how the at-fault party’s actions led to the accident and losses. Evidence is, therefore, a foundation of your claim.
The more evidence you have, the better your chances of receiving a higher settlement value. Our truck accident lawyers at Vito & Dollenmaier Law, can use the following sources of evidence to pursue fair and just compensation:
- Electronic Logging Device (ELD) Data: ELDs are electronic systems that automatically record a driver’s driving time and service hours. Our truck accident attorneys can analyze ELD data to determine if drivers exceeded their maximum allowable driving hours, indicating fatigue.
- Witness Testimonies: Eyewitnesses to the accident can provide valuable accounts of the driver’s behavior leading up to the crash. Their testimonies can corroborate your claim of fatigue-related negligence.
- Cell Phone Records: Checking the driver’s cell phone records can reveal if they were using their phone during the accident, potentially indicating distractions contributing to fatigue.
- Expert Analysis: Hiring accident reconstruction experts can help recreate the events leading to the accident. Their analysis can provide scientific support for your claim of driver fatigue.
- Driver’s Logbook: Reviewing the driver’s logbook can help verify their driving hours and rest breaks. Discrepancies in the logbook can raise suspicions of fatigue-related violations.
- Driver’s Employment and Medical History: Through the legal discovery process, we can petition the court to access the driver’s employment files, which may show a history of safety violations. In some cases, we can also seek access to medical records that might reveal conditions like untreated sleep apnea, which could have contributed to the driver’s fatigue.
Where Do Truck Accidents Occur in Schaumburg
Although driver fatigue truck accidents can occur in any part of Schaumburg, road users are vulnerable in certain zones. Here are specific roads where driver fatigue truck accidents occur:
- Interstate 90 (Jane Addams Memorial Tollway): This major highway running through Schaumburg sees a high volume of truck traffic, making it a hotspot for accidents caused by truck driver fatigue. The long stretches of road and monotonous scenery can contribute to driver drowsiness, increasing the risk of accidents.
- Route 53 (Rohlwing Road): Another key roadway in Schaumburg, Route 53, is frequently used by commercial trucks transporting goods. The continuous flow of traffic and long stretches of road can lead to driver fatigue, resulting in accidents that can have serious consequences for all involved.
- Higgins Road: This busy east-west road in Schaumburg is another location where truck accidents due to driver fatigue are common. The mix of commercial and passenger vehicles on Higgins Road can create challenging driving conditions, particularly for tired truck drivers trying to meet delivery deadlines.
- Irving Park Road: Truck accidents caused by driver fatigue are also prevalent on Irving Park Road in Schaumburg. The high traffic volume, frequent stops, and variable speed limits on Irving Park Road can strain truck drivers, increasing the likelihood of fatigue-related accidents.
Driver Fatigue Truck Accident Attorney
Working with our Schaumburg truck accident attorneys gives you access to legal experience and in-depth knowledge of fatigue-related crashes. We understand the applicable damages in your case and know how to build a strong case that leads to fair compensation.
We can represent you if you sustain an injury in any of the accidents:
- Rear-End Collisions: These occur when a truck plows into the back of another vehicle, often due to the driver falling asleep at the wheel.
- Jackknife Accidents: When a truck’s cab and trailer fold against each other, it can be a result of the driver losing control due to fatigue.
- Rollovers: Fatigued drivers are more likely to make sudden maneuvers, leading to rollover accidents that can cause severe injuries.
- Runaway Trucks: Fatigue can impair a driver’s judgment, leading to situations where they lose control of the vehicle on downhill roads.
- Underride Accidents: These occur when a smaller vehicle ends up under the truck’s trailer, often because the truck driver was too tired to notice the vehicle next to them.
Our truck accident lawyers also protect victims who sustain various types of injuries, including:
- Traumatic brain injuries
- Spinal cord injuries
- Whiplash injuries
- Chest injuries
- Amputated limbs
- Broken bones
- Cuts
- Burns
- Internal injuries
Fighting the Insurance Company
You’re likely to face resistance from the insurer of the negligent party. Insurance adjusters work hard to minimize the financial liability of their employers. However, you can level the playing field against the insurer by working with our Schaumburg truck accident attorneys.
Here’s how we can fight the insurer on your behalf:
Establishing the Value of Damages
You’re likely to accept a low settlement offer if you don’t understand the value of your losses. Our truck accident attorney will work diligently to assess the full extent of your damages, including economic, non-economic, and punitive damages.
By thoroughly evaluating all aspects of your case, we can present a compelling argument to the insurance company regarding the value of your claim. We establish the actual value of your losses, allowing us to negotiate with insurers for a fair outcome.
Negotiating With Insurers
Insurance companies often try to minimize payouts by offering low settlements. They may quickly make a low settlement after the crash, hoping you’ll accept it without objections. Our truck accident attorneys will evaluate the settlement offers compared to your losses and advise whether to accept or push for a better deal.
Our skilled Schaumburg truck accident lawyers have the experience and negotiation skills necessary to advocate for your best interests. We will engage in strategic discussions with the insurer to seek a fair and just resolution for your case.
Representation in Court
In some cases, negotiations with the insurance company may not result in a satisfactory outcome. If litigation becomes necessary, our truck accident lawyers will provide aggressive representation in court.
What to Do After a Truck Crash Due to Driver Fatigue
After a truck crash, your actions can enhance your wellness and protect your legal rights. Here’s what you can do after a truck accident due to driver fatigue:
Seek Immediate Medical Attention
You should seek immediate medical care even if you feel fine after a truck crash. Some injuries, like concussion or whiplash, may take days after the crash to reveal symptoms. A healthcare provider can reveal hidden injuries and initiate a treatment plan.
A healthcare provider can also generate medical records that you can rely on to support your compensation claim. An insurer may also question the severity of your injury if you delay seeking medical attention.
Consult Our Truck Accident Lawyer
You should speak to our truck accident lawyer after sustaining an injury in a driver fatigue truck crash. They will evaluate the circumstances of the crash and advise you on how to pursue compensation for your losses.
They will also advise and support you throughout the claim so you can adhere to legal timelines. For example, the Illinois personal injury statute of limitations requires truck accident victims to initiate personal injury claims within two years of the accident.
Our truck accident lawyers understand the applicable timelines in your case and will initiate a timely claim so you don’t lose your right to compensation.
Schaumburg Truck Driver Fatigue FAQs
Who else besides the driver can be held liable for a fatigue-related truck accident?
In many cases, the trucking company (motor carrier) shares liability. A company that encouraged or pressured drivers to violate federal Hours of Service rules, failed to properly screen a driver’s record, or implemented policies that prioritized profits over safety can bear liability.
We investigate the actions of both the driver and their employer to identify all responsible parties.
What are the federal Hours of Service rules?
The Federal Motor Carrier Safety Administration (FMCSA) sets strict limits on how long commercial truck drivers can operate a vehicle. These Hours of Service (HOS) regulations dictate maximum daily and weekly driving times and mandate minimum off-duty rest periods.
A key rule for property-carrying drivers is the 11-hour driving limit, which states they may drive a maximum of 11 hours after 10 consecutive hours off duty. Violating these rules is strong evidence of negligence.
What if I suspect the truck driver falsified their logbook?
Falsifying logbooks is a common way for drivers and companies to hide Hours of Service violations. While paper logs were easy to alter, today’s Electronic Logging Devices (ELDs) make it more difficult.
However, manipulation is still possible.
We compare ELD data with other evidence, such as fuel receipts, GPS data, and delivery records, to uncover discrepancies and prove a driver was on the road longer than legally allowed.
How is a wrongful death claim different from a personal injury claim in a truck accident?
If a truck accident results in a fatality, the victim’s surviving family members may file a wrongful death lawsuit instead of a personal injury claim.
In Illinois, this type of claim seeks compensation for losses suffered by the family, such as loss of financial support, grief, sorrow, and loss of companionship. The statute of limitations for a wrongful death claim is also typically two years from the date of death.
Protect Your Rights With Our Experienced Truck Accident Lawyers
You may endure a worsened quality of life after sustaining an injury in a truck accident. For example, a severe neck injury can prevent you from participating in golf, your favorite sport. The accident may also worsen your mental health if the events leading to the crash were traumatic.
Your probability of recovering from the above losses depends on the settlement value you receive in a truck accident claim. You should, therefore, work with a legal professional who’ll protect your right to compensation.
Our truck accident attorneys at Vito & Dollenmaier Law will investigate the crash, gather evidence, and initiate a claim or lawsuit against the negligent party. You can count on us to fight tirelessly for a fair settlement value.
Contact us online or at (224) 539-8821 for a free consultation.