In Kane County, Illinois, and across the country, people are more likely familiar with car accidents as they are more common than truck accidents. However, truck accidents often lead to more catastrophic outcomes compared to common traffic accidents. By driving next to a big rig, a car driver can easily tell why a truck is capable of causing a catastrophe in the event of a collision.
A truck’s size and weight attributes add to its damaging capabilities. Another factor that adds to the damaging capability of trucks is the freight or the load being hauled by the rig. Although truck drivers are professional drivers and should drive with the utmost care and safety in mind, they are human and not immune to errors. When a truck collides with a smaller vehicle, the latter often sustains severe damage. Trucks are used to haul various loads, some of these are hazardous. In the event of a truck accident, trucks are capable of causing secondary damages and injuries if freight spills.
Anyone who has been injured in a truck accident can file a claim against the responsible party such as a negligent truck driver. It is important to note that aside from the truck driver, employers, contractors and trucking companies can all be named as defendants in the lawsuit. In order to raise a successful lawsuit, a plaintiff must prove that the defendant had failed to exercise due care and as a result, caused the accident. The plaintiff should also prove that the defendant’s failure to exercise due caution is what caused the injuries.
Often, insurance companies will try to settle the case to avoid further litigation. Truck accident victims have to be careful when accepting the payout as the amount may not be enough to cover their losses. It is best in similar circumstances to check their legal options and determine which of these options can yield to the best possible outcome — accepting the settlement or filing a personal injury claim.
Source: Findlaw.com, “Truck accident overview,” Accessed on Aug. 26, 2014