Illinois Trucking Accident Attorney • Fatal Crash Wrongful Death Claims
Konicek & Dillon, A Professional Corporation
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Geneva • Chicago
Driver fatigue. Bad weather. Unsafe conditions. There are many factors that cause the semi truck accidents and fatal crashes on I-80, I-90, and other interstate highways throughout the Midwest. Large trucks are involved in thousands of accidents that kill or cause serious injury to people every year. The sheer size and weight of tractor-trailers make them much more likely to cause death or injury in a collision with a passenger vehicle. Most fully loaded tractor-trailers ("semis") weigh 80,000 pounds, while an average passenger vehicle weighs only 4,000 pounds. The physics reveal the danger for drivers and occupants of cars and other passenger vehicles: in collisions with trucks weighing twenty times what a large car weighs, death or serious injury are likely! Cars, SUV's, pick-up trucks and vans, being vastly outweighed by large trucks, can be severely damaged in a collision, and all the safety equipment the automakers can load onto a vehicle simply cannot overcome the disparity to completely protect drivers and passengers from serious injury or death
At the personal injury law offices of Konicek & Dillon, P.C., our Illinois trucking accident attorneys believe that every collision involving a large truck that results in serious injury or death should be investigated to determine whether the driver of the truck, motor carrier, or other entity (such as a truck, tractor, or trailer leasing company violated the rules designed to protect motorists. Very often truck drivers or trucking companies violate state and federal regulations and these violations have a part in causing the collision, injury, or death. Our attorneys have considerable experience and knowledge of these regulations from years of handling truck accident cases.
Examples of problems commonly seen in truck accident cases:
Driver fatigue: tired drivers, unable to concentrate and appreciate the risks and hazards of moving an 80,000 pound vehicle at highway speeds, in some states as high as 70 miles per hour
Hours-of-driving violations: drivers operating beyond the limits set for continuous driving, breaks, and weekly driving
Driving in bad weather: the federal regulations require drivers to adjust their operation of a commercial motor vehicle when weather, wind, fog, smoke or dust adversely affect visibility or traction. Drivers are required to slow down and, if conditions require it, cease operation of the vehicle. Few motor carriers provide their drivers with training on how to operate their trucks in bad weather.
Hazardous Materials: Special HAZMAT regulations prohibit driving certain vehicles on many roadways, require frequent breaks and inspections of the tractor and trailer, and call for special training of drivers. In addition, HAZMAT carriers are required to have higher minimum insurance than ordinary common carriers.
Inspections: All drivers are required to inspect their commercial vehicles before and after operation. Known as the “pre-trip” and “post-trip” inspections, the examinations of the vehicle are vital to its safe operation. A thorough pre-trip inspection requires the driver to spend thirty minutes going over the vehicle, from front to back, looking for problems with lights, brakes, trailer connections, load security, tires, warnings, reflective tape, and other essential mechanical components of the vehicle. Too often drivers cut corners on the pre-trip inspection and drive vehicles that are unsafe and cause accidents that could have been prevented with the proper inspection and repair.
Out-of-Service Vehicles: If the pre-trip inspection reveals defects with the brakes, tires, or other vital components of the vehicle, it must be taken “out-of-service” by the motor carrier until the problems are repaired. An out-of-service vehicle may not be operated, and doing so can lead to fines. State police forces have units of specially trained officers who inspect large trucks for violations of the federal safety regulations, and they have the authority to take any commercial vehicle out-of-service if it has mechanical defects that warrant it. California, Florida, Illinois and Missouri are just some of the states that have special “truck enforcement” units in their state highway patrols.
Speed: Truck drivers are not alone in driving above posted speed limits, but the consequences of doing so can be much worse for truckers than for drivers of passenger vehicles. A loaded 80,000 pound truck equipped with an air braking system traveling at 70 miles per hour takes well over 400 feet to stop on dry pavement! An average passenger car can stop from that speed in less than 200 feet, some in as little as 170 feet.
Deadlines: Many motor carriers require their drivers to meet short delivery deadlines to satisfy their customers or justify claims that they always deliver “on time.” This encourages unsafe driving, cutting corners on inspections, and rushing to a destination, all practices that defeat the purpose of the federal safety regulations. Motor carriers talk a lot about safety, but most have a practice of encouraging drivers to make deadlines. They are waiting until they get caught before they change, but getting caught usually involves serious injury or death to someone who happened to be in the way of a truck driver rushing to make a delivery.
Pay-by-the-mile: Many drivers are paid a flat rate per mile. The faster they drive the miles, the more money they make per hour. This practice encourages drivers to hurry through inspections and to compromise their resting time (called “off-duty” status). The consequences of this practice are potentially unsafe truckers driving potentially unsafe trucks, risking the safety of motorists and passengers around them.
Lighting and Markings: Referred to as “conspicuity,” trucks are required to have specific lighting and reflective equipment to ensure that they are visible to other motorists.
Under-ride problems: All tractor-trailers must have and under-ride guard (also referred to as an ICC Bar) at the back of the trailer. Different regulations apply to older trailers, but the purpose of the requirement is to ensure that trailers are equipped with a guard to prevent passenger vehicles from traveling under the read end of the trailer. Accidents of this type have a high fatality and severe injury rate, and the guards can lessen this risk considerably.
Unqualified drivers: Many drivers lack the skills and training necessary to safely operate big trucks. All drivers are required to read and understand English, but many do not. Sadly, many drivers are just bad drivers with moving violations and lengthy accident histories. The hiring standards vary greatly from company to company. Some companies will not hire drivers with any preventable accidents in the three years preceding the driver’s application for employment. Others are willing to accept three or more such accidents even when the driver has other unrelated moving violations. Hiring unsafe or unqualified drivers has risks that too many motor carriers are willing to accept, usually because the carrier’s profit is more important to them than the safety of the motoring public.
Contact us at the Illinois trucking accident attorneys' offices of Konicek & Dillon, P.C., to discuss your trucking accident claim. Time is often an important factor in filing a successful semi truck accident or personal injury claim, since the trucking company and its insurance company have immediate access to evidence, a huge advantage in defending the claim. They are not likely to gather evidence that will help your case. You have to hire a lawyer to do that for you.
Illinois Trucking Accident Attorney
Chicago Semi Truck Accident Lawyer
Illinois trucking accident attorney providing trucking accident lawsuit, semi truck accident, fatal crash, I80 accident, I90 injury, truck driver asleep at the wheel accident, and personal injury legal services to clients throughout Illinois.
