SlideShare a Scribd company logo
1 of 48
Download to read offline
Copyright Notice
Copyright © 2017 by Rosenfeld Injury Lawyers
All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or
by any means, including photocopying, recording, or other electronic or mechanical methods, without the
prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews
and certain other noncommercial uses permitted by copyright law. For permission requests, write to the
publisher, addressed “Attention: Permissions Coordinator,” at the address below.
Rosenfeld Injury Lawyers
33 N Dearborn St #1930
Chicago, IL 60602
www.rosenfeldinjurylawyers.com
Why Trucking Accident
Victims Deserve a Book to
Protect Their Rights
Chicago is an epicenter for the trucking industry due to its major role as atransportation and shipping hub.
It serves both local and cross country routes as both a final destination or a transition point, and millions of
trucks travel through the city and its surrounding suburbs as a result. Such a high volume of trucking
volume is bound to result in a greater number of accidents, but it is also true that many of the accidents
occurring on the roads can be prevented through commonsense measures and by following the law. As a
personal injury lawyer, I often see firsthand the unfortunate and catastrophic consequences of trucking
negligence and work hard to advocate for victims and their families when their lives are completely
changed due to an accident.
My name is Jonathan Rosenfeld, and it has been my mission for years to represent the interests of anyone
who suffered devastating harm at the hands of another person or company’s negligence. I founded
Rosenfeld Injury Lawyers to be able to help victims obtain the best legal services available from attorneys
who are qualified and experienced with the specific areas of law that apply to their cases. Clients who
access my Chicago Truck Injury Lawyers website will have access to a team of attorneys who have real
experience and success with cases against large truck companies so that they can be sure their attorney
offers the greatest chance of successfully recovering the compensation they deserve.
One of the primary reasons most legitimate cases are never filed is that many victims are completely
unaware of their rights or refrain from filing out of fear that their case will be considered frivolous. There
are a lot of misconceptions about how lawsuits work and that is because many people have developed
sue happy attitudes and there are plenty of lawyers around who will prey on their motivations. I want to let
you know right now that if you seek my advice, I will be upfront and honest about whether your case has a
chance in court and realistic about the amount of compensation you can expect to recover.
I’ve prepared this book so that you know how to protect your interests following a trucking accident. You
deserve to know how to tell if you have a claim and also how to avoid making any agreements that will
erode your rights and hurt your case. Since insurance companies are often responsible for paying out any
settlements or judgments, they have become very good at defending their policyholders and intimidating
victims into signing away their rights.
The first section of this book will cover all of the common causes of trucking accidents both so that you
can recognize when a trucking company or driver is at fault and to be able to avoid accidents in the future.
Trucking accident injuries are often severe due to the amount of power, weight and force involved, and I’ve
dedicated an entire section to the different types of injuries that can result from these accidents. Next, I will
let you know how to handle insurance companies and avoid providing statements or information which
can be used against you in court. This section will also dispel many common myths that insurance
adjusters perpetuate in order to intimidate victims into agreeing to terms that are against their best
interests.
The last two sections will be dedicated to helping you vet a personal injury lawyer and the results that
my team of trucking accident attorneys has been able to provide my own clients in the past. I
understand that you may ultimately choose to retain the services of another attorney, but regardless of
whether you allow me to represent you or retain somebody else, I would like to let you know what
qualities you need to look for in an attorney to ensure you have the greatest chance of recovering the
compensation to which you are entitled.
I understand that ifyou have been in a trucking accident, you are probably coping with devastating
injuries and need access to the best medical care and legal advice available. I would love the opportunity
to be able to make your recovery a little easier by representing your needs and connecting you with the
resources I have available.
Do not hesitate to contact me for more information and to arrange a consultation with one of my
attorneys— free of charge. For more information on all areas of my practice, you can visit www.
rosenfeldinjurylawyers.com. I hope that this book provides the information you need and look forward to
being able to serve your needs.
Common Causes of Trucking Accidents
Driving a truck is not an easy task at all and requires a lot of skill, experience and situational awareness.
Many truck drivers are extremely careful and responsible individuals who perform difficult work while trying
to share the road with motorists who are not always considerate of their limitations. When atruck driver
doesn’t follow the rules of the road or is pressured into acting in a negligent manner, however, the chances
that he or she will be involved in an accident are magnified greatly. Following are some of the most
common causes of trucking accidents.
Driver Fatigue
Even a fully rested driver who has been on the road for several hours can begin to suffer from fatigue and
conditions such as highway hypnosis. Failure to stop and rest occasionally can make a driver more prone
to mistakes and result in an accident. Truck drivers are on the road sometimes for eleven hours straight,
only stopping to fuel up or get a meal. The constant need to get to the next destination on time can wear a
truck driver down and the resulting fatigue can lead to a truck accident with the potential to change the
lives of those involved forever.
Laws Regarding Truck Driver Hours of Service
According to Part 395 of Federal Regulations, truck drivers are not allowed to be on duty for more than
fourteen consecutive hours and must break for ten hours after coming off of duty before driving again.
Being on duty does not only include driving, but it includes waiting at a warehouse or a dock or any activity
that the driver needs to perform during his or her day. While on the road, the driver may not drive for more
than eleven hours straight and even if this milestone is reached before the fourteen hour mark of duty, the
driver must stop and rest for at least ten hours.
In order for authorities to enforce compliance with these rules, truck drivers are required to keep a
logbook that details when they have come on duty, their mileage, when they have reached their
destinations and when they have stopped driving or ended their days. The logbook is designed to help
authorities determine whether the driver has followed a number of laws that do not only include those
pertaining to a truck driver’s hours of service. The biggest flaw with this system is that truck drivers can
falsify their logs and cover up the fact that they were speeding, on duty for longer than allowed and other
offenses.
The Responsibility of Trucking Companies
Truck companies are required to monitor their drivers and make sure that they comply with federal laws
as well as the state laws that apply to the locations drivers will travel through and arrive at. Unfortunately,
these companies often encourage their drivers to push themselves in order to reach their destinations
faster and actually encourage the falsifying of logs in order to meet their ends. This is not only illegal, but it
places strain on the drivers, who are forced to be on the road for times in excess of more than twelve hours
at a time.
The effects of fatigue on drivers are a loss of concentration, reduced awareness and alertness, tiredness
and slower reaction times. Some truck accidents have been the result of drivers falling asleep at the wheel
and colliding with traffic or pedestrians as a result. The rules that govern the amount of time
a driver can be on the job do not only apply to semi-truck drivers who handle eighteen wheelers. Any
commercial driver is subject to these rules whether he or she is driving a flatbed, pickup, delivery vehicle,
semi-tractor or a van.
If you’ve been in an accident due to the actions of a negligent truck driver, there are ways to
determine whether or not the responsible driver was following proper procedure. Truck companies will do
whatever it takes to exonerate their drivers from responsibility and to steer clear of the heat, but an
experienced truck injury lawyer has access to professionals who can reconstruct the accident and use
new technologies on commercial trucks such as GPS navigation in order to prove that the driver was in
the wrong.
Remember that trucking companies will do whatever it takes to not be held responsible for the truck
accidents that they bear responsibility for by pushing their drivers too hard.
Speeding
While commercial truck accidents are much less frequent than collisions that involve two cars, one
person is still injured or killed every sixteen minutes by a truck crash. Due to the nature of the
transportation industry, companies push their drivers every day to deliver their cargo faster, to make more
deliveries each day, and to test the limits of their ability. Whether the driver operates a van or a semi-truck,
he or she still operates a vehicle that can severely injure or kill other people and safety needs to come
before speed.
The Impact of Speed on Stopping Distance
Speed laws are commonly overlooked and many drivers ignore the posted speed limit on major highways
or major streets. Speed affects the distance at with a vehicle can stop in order to avoid an accident,
however, and reaction time needs to be considered as well. At higher speeds, the vehicle travels more
distance before the operator even has the opportunity to hit the brakes. At sixty miles per hour, it takes the
average driver 132 feet simply to react. To then come to a complete stop takes another 171 feet for a total
stopping distance of 303 feet.
Trucks are much larger vehicles and require even more stopping distance— the distance required to come
to a complete stop from sixty miles per hour is 361 feet. If a truck was to be traveling ten miles per hour and
the driver needed to come to a halt, its stopping distance is only one foot longer than that of a car. As a
truck gains speed and momentum, it gets increasingly more difficult to stop, making it even more
dangerous at higher speeds on the highway than when traveling at lower speeds on city streets.
Delivery Vehicles
Delivery companies such as UPS, FedEx and DHL strive to deliver as many packages as they are able to
each day and will often push their drivers to the end of their limits. In order to finish their routes on time,
drivers of delivery trucks may speed from one stop to the next while ignoring the posted speed limit. This is
extremely dangerous in the afternoon when children are getting home from school and various pedestrians
are crossing residential streets. Many truck accidents that involve pedestrians are the result of the driver
failing to adhere to the speed limit and being unable to stop in order to avoid an accident as a result.
It doesn’t matter if commercial drivers operate a delivery van, tractor trailer, flatbed or an eighteen
wheeler— all commercial drivers should follow the speed limit and place the safety of those who they
share the road with first. If a driver fails to follow the law and causes an accident as a result, he or she is
not the only party liable. The company that the responsible driver works for may be responsible for any
resulting damages as well.
Alcohol and Drug Use
Driving under the influence of drugs or alcohol presents a danger to every person who is on the road and
those who are being paid to drive should be held just as accountable as everyone else for driving under
the influence. Trucking companies are responsible for their drivers and making sure that none of their
employees drive while under the influence of any mind altering substance. Truck injuries that are the
result of drunk or drugged driving require compensation not only from the driver, but the company that
employs the driver as well.
The Effects of Alcohol on Reaction Time
Many studies have concluded that alcohol greatly diminishes a person’s ability to take decisive action or to
react to an obstacle in the road. In a study performed by the Age and Cognitive Performance Research
Centre in Manchester, U.K, it was determined that participants’ reaction times became greater as their
blood alcohol levels and the complexity of the task rose. On the road, this means that a truck driver
who is under the influence of alcohol will take longer to react when he or she needs to stop or perform an
evasive maneuver and that the chances of an accident increase dramatically as the driver’s blood alcohol
content increases.
Why Marijuana Presents the Same Risks
Marijuana contains a chemical referred to as THC, which impairs coordination, balance, memory,
concentration, judgment and reaction time. Drivers are unable to accurately perceive time; speed and
space while under the influence of marijuana and their reaction times slow down relative to the amount of
THC that is in their blood. An Australian study looked at 3,000 separate truck driver fatalities and
determined that the presence of THC in the driver’s blood at the time of the accident greatly increased the
chance that the driver was at fault for the accident. The chances of responsibility rose with THC content,
showing a clear relation between marijuana usage and the likelihood of an accident.
Narcotics and Other Drugs
Alcohol and marijuana get a lot of attention, but there are many other drugs that can be found on the
streets or on the shelves of local over the counter drug stores. Narcotics may cause a driver to become
extremely drowsy and affect his or her judgment and reaction time, but many cold and allergy medicines
that can easily be bought at a truck stop or gas station can have similar effects. Anytime a driver is using
medication of any kind, he or she should not jeopardize the lives of everyone else on the road by taking a
chance.
Even if a truck driver causes a collision with cold medicine in his or her system, that driver is liable for all
of the damages that result from the accident and the truck company is responsible as well due to the
responsibility that they have to ensure that their drivers operate safely. There is simply no excuse for
driving while under the influence of any substance whether you are being paid to drive or not.
Poorly Loaded or Secured Cargo
Nobody expects the truck in front of them on the highway to drop cargo onto the road, creating a road
hazard and causing an accident. It is not uncommon for trucks to be loaded improperly or for drivers to
fail to notice loosely secured cargo. In the event that a trailer is improperly loaded and it causes a weight
imbalance that leads to an accident, the warehouse responsible for loading the trailer could be
liable for the resulting truck accident. Many of these incidents can be prevented if drivers take the time to
check their cargo before hitting the road, but because many truck drivers are in a rush; this crucial step in
the process is often skipped.
Shifting Cargo
All cargo will inevitably shift during transport each time the driver makes a turn, accelerates or comes to a
stop. Warehouse workers are instructed to load trucks in a way that distributes the weight of the load in
the trailer or on the flatbed in a manner that will reduce the amount of shift that occurs on the road. When
truck drivers are required to pull into a weigh station, authorities will check to see if the cargo is over the
maximum allowed weight and if they suspect uneven distribution, they may inspect the cargo.
Weigh stations are not always open, however, and truck drivers often communicate to each other on the
road in an effort to hit as few open weigh stations as possible. Therefore, it is the driver’s responsibility to
make sure that his or her cargo is not going to shift to one side of the trailer, where it can make it difficult to
maneuver the truck and even cause a jackknifed trailer while traveling at highway speeds. Any cargo that is
secured on a flatbed needs to be secured so that it will not only shift, but so that it cannot come loose and
fall onto the road where it will strike a following vehicle.
Multiple Parties Responsible
If a warehouse, dock or other distribution center allows a trailer or flatbed to leave without properly
verifying that the contents on the trailer or flatbed has been loaded properly, that warehouse could be held
liable if the truck driver is involved in an accident due to that cargo shifting or falling onto the road. The
driver is also responsible for performing his or her own safety check before leaving the warehouse or dock.
Even the trucking company may be held liable for any incident that results from improperly loaded or
secured cargo.
Road Construction Zones
Speeding through a construction zone has become a serious offense due to the number of accidents that
are caused when drivers travel too fast and fail to pay attention to workers, barriers and construction
machinery that is on the road. There are extremely strict laws regarding driving through construction
zones in Illinois and these laws are being enforced through cameras on the road whenever workers are
present. What many motorists are unaware of, however, is that these laws exist to protect motorists as well
as construction workers— and motorists are in greater need of the protection.
Work Zone Related Fatalities
Any commercial driver— whether he or she drives avan, a pickup truck, a semi-tractor, flatbed or any
other vehicle designed for transport— needs to follow the same rules of the road that everyone else does.
Trucks can do a lot more damage to smaller vehicles at higher speeds and construction zones are filled
with hazards, distractions and possible obstacles. 90% of the deaths that occur in work zones are to
motorists rather than to construction workers and speed is alarge contributing factor in these accidents.
Effectiveness of Construction Laws
Legislation passed in Illinois to crack down on drivers who break the construction zone speed limit has
reduced the number of deaths by half since 2004. Drivers are required to slow down when they enter a work
zone and follow the posted construction zone speed limit, which is usually 45 MPH on the highway. Signs
are posted that instruct drivers to proceed with caution and sometimes to stay in their lanes. Those who
break traffic laws in a construction zone face a $10,000 fine, a license suspension of 90 days and up to two
years jail time (fourteen years if adriver kills a construction worker as a result of breaking a traffic law in a
work zone).
The harsh penalties have encouraged more drivers to take proper caution in work zones and removed those
who ignore posted speeds and instructions in those zones off of the road. Over 8,000 citations have been
written since the law was instated. A steep fine and the threat of jail time have let drivers know just how
serious Illinois is about its intent to keep construction zones safe for motorists and workers.
The Need for Speed in the Trucking Industry
Trucking companies demand more and more of their drivers each year and the need to deliver cargo
quickly and efficiently makes truckers cut corners and try to make up as much time as possible. This
includes breaking traffic laws when a delivery is running late. Whenever a driver or a company puts
efficiency and speed ahead of the safety of others, that company needs to be held accountable if its
actions result in an accident.
Most trucking companies will retain representation in order to try to deflect the blame when their
policies are put into question. They encourage drivers to take actions that threaten the lives of other
people on the road, but make every attempt to remain insulated from liability when things go awry.
Inadequate Maintenance
The majority of truck accidents on the road are either the fault of the truck driver or the other party, but
defects in important parts of the truck can contribute to an accident. How much defective parts affect
the chances of the truck driver being unable to avoid an accident vary and some defects create
situations in which an accident simply cannot be avoided. It is the responsibility of the trucking company
and the driver to perform routine checks in order to ensure that all of the equipment on the truck is in
working order and address any problems before allowing the truck on the road, but some defects go
unnoticed until it is too late.
Braking Systems
The braking systems on semi-tractors and other large commercial trucks are extremely different than that
of cars. Most trucks rely on an air brake system that uses compressed air in order to apply the brakes rather
than using a hydraulic system that depends on brake fluid. Airbrakes are usually much more reliable than
hydraulic brakes, but they are less responsive and truck drivers are not able to stop on the dime. The minor
lag that exists in air brakes can make a difference in the half second that it takes for the brakes to be
applied.
Defects to the compression system or the brakes themselves can create a disaster if the truck driver is
unable to bring his eighteen-wheeler, flatbed or other large commercial vehicle to a halt. In the event that
faulty brakes are the cause of an accident, an investigation needs to take place to determine if any part of
the braking system was defective or if the system was not maintained properly.
Lighting System
Problems with a truck’s lighting system are extremely common and many lighting systems have defects
that can cause them to fail when they are needed at night or in adverse weather conditions. Lighting failure
can contribute to nighttime accidents by making it nearly impossible for the truck driver to detect vehicles
or motorcycles on the road. The lack of brake lights may also make it hard for the truck to be seen in
adverse weather and result in the truck being hit from behind.
Federal Regulation Regarding Inspection and Maintenance
Federal Regulation 396 requires all commercial trucking companies to regularly inspect and maintain all
of the trucks in their fleets. Many defects can be discovered through routine inspections and repair,
preventing issues on the road that can lead to disaster. Companies are required to keep logs of all of the
maintenance performed on their truck in order to show compliance as well as to allow investigators to
identify the cause of equipment failure or malfunction.
If defective equipment is indeed the cause of a truck accident, the manufacturer of the equipment can
be held liable for the accident as well. Most accidents involving equipment failure are the fault of both
the driver for continuing to drive with defective equipment and the equipment itself. In order to
determine how to distribute fault in an accident, it is best to consult with a reliable truck injury lawyer.
Blind Spot Accidents
Every single vehicle has blind spots that restrict what the driver is able to see around the vehicle while
traveling the road. Trucks are no different and their blind spots are massive when compared to the blind
spots in cars, vans or pickup trucks that drivers can check merely by looking over their shoulders. Most
drivers on the road take their time passing trucks, not realizing that they are putting themselves in
danger by remaining in a truck driver’s blind spot. If a trucker is unable to see another vehicle and
changes lanes or makes a turn that results in a truck accident, he or she cannot be held responsible.
The Four No Zones
Located on all four sides of a semi-tractor trailer are what are commonly referred to as “no zones” which
are areas that a truck driver is unable to see. The smallest of these zones is on the left hand side of the
truck, next to the driver’s door— extending into the next lane. The largest zone is on the right side and can
extend up to three lanes on the right side of the truck, making it the wrong side of a truck for a car to drive
on. There are also no zones directly in front of and behind the truck and drivers need to be aware of the
fact that truck drivers do not see drivers who are riding too close behind them or cars that are immediately
in front of them.
Passing a Truck Safely
Because the left side blind spot is the smallest, it is always safest to pass a truck on the left side and to do
so quickly. Reducing the amount of time that you are next to the trailer will also reduce your risk of being in
a position where the driver can change lanes without seeing you. Give plenty of space once you are past the
truck as well because the driver will not see you until you see his headlights in your rear view mirror.
One common rule of thumb is to watch the side view mirrors of the truck and try to see the truck driver’s
face through them. If you are able to do this, he or she can see you and should be aware of your presence on
the road. The moment you can no longer see the truck driver’s face in the mirror is when you have entered a
blind spot. If you aren’t seen, be heard by sounding your horn, but keep in mind that you want to spend as
little time as possible in the blind spot of an eighteen wheel rig.
Smaller Trucks and Delivery Vehicles
Using the side view mirrors in order to determine ifyou are seen doesn’t just work on big trucks— it works
if the other vehicle is a delivery truck, van, flatbed or pickup truck. Anytime you can see the other driver, he
or she can see you. This small tip can be the difference between an accident and a near miss if the driver
happens to notice you and stop moving into your lane.
If you are unsure of whether or not you are at fault for a truck accident, it is still wise to consult an
experienced truck injury attorney.
Rear End Collisions
Rear end accidents are the most common type of accident in the United States and many of these
accidents involve commercial drivers. Most rear end accidents occur at low speeds, but the passengers in
the leading car may still be injured, even in collisions that happen at 5 MPH. When people think of truck
accidents, they assume that the truck is a big semi-tractor trailer and are often aware that trucking
companies use flatbeds, pickup trucks, vans and delivery trucks as well. Whenever a commercial driver
collides with another vehicle in front of his or her own, he or she is liable for the resulting damages.
Whiplash
Whiplash is a condition that is extremely common in those who have been involved in a rear end collision
and the symptoms may not be present until several days after the accident. About 20% of rear end
accidents result in whiplash. Experts believe that the injury is caused by the stretching of the spine and
tears in the ligaments that support the neck. The result is a combination of symptoms that include
headaches, pins and needles that extend from the neck down to the shoulders and arms, pain and
stiffness in the neck and soreness in the middle back.
Whiplash is treated through physical therapy, which is designed to repair the ligaments that are
responsible for moving the neck. Patients are instructed to do a series of exercises that strengthen the
surrounding muscles so that less strain is placed on the torn ligament while it heals. Some doctors
believe that cervical collars should only be used for periods of three days or less because it can worsen
the injury if the neck is immobilized for too long in some instances while other doctors believe in
immobilizing the neck for a period of two to three weeks before beginning physical therapy.
Damage to Vehicles
Trucks are capable of doing great physical damage to a vehicle at slow speeds and if the car that the truck
has collided with is in the driver’s front blind spot, he or she may end up pushing the vehicle into an
intersection or another vehicle before noticing the accident. The truck driver is not only liable for the
damage done to the car that was hit, but he or she is also liable ifthe vehicle collided with any other
vehicle as part of a pileup accident. The driver and the company he or she drives for may be required to pay
damages for every single vehicle involved in the crash and to pay all of the resulting hospital bills for all of
the people hurt in the accident.
Defective Equipment
When you are involved in any kind of motor vehicle accident, especially truck accidents, the equipment that
you rely on to save your life can also reduce the severity of any injuries you might sustain. When that
equipment is defective, it can mean the difference between life and death. All of the equipment on semi-
tractors, flatbeds, delivery trucks and other commercial vehicles must be inspected for flaws on a routine
basis. If the equipment on a truck fails and causes an accident, the company that manufactured it and the
company that was responsible for its maintenance can both be held liable— the same is true if the
equipment in private vehicles is found to be defective as well.
Seatbelt Failure
Several major automobile manufacturers have needed to recall their vehicles in the past because the
seatbelts malfunctioned when needed in a major crash. The most common error is known as inertial
unlatching, which occurs when the seatbelt isn’t completely latched when it has been fastened. The
passenger may pull on it initially and find that it has no give, but in an accident, the impact may jar the
latch and cause it to come loose, rendering the seatbelt useless.
Impacts involving trucks transfer a lot more energy than typical accidents and a defective seatbelt may be
unable to prevent a passenger from hitting the windshield or traveling through it as he or she is propelled
out of the vehicle. The auto manufacturer or designer of the seatbelt is liable in the event that a passenger
is killed or suffers severe injuries because of the failure of his or her seatbelt. The injuries that result from
these kinds of accidents usually alter the victim’s life permanently if he or she survives and pain and
suffering must be taken into consideration.
Defective Car Seats
Children can be seriously injured in low impact car accidents ifthe car seat that is holding them in position
fails to work properly. The impact of a truck is so much more severe that if a car seat fails during an
accident involving a truck, the child is likely to suffer severe injuries if the child lives. Some car seats
collapse upon impact, offering no protection at all to the children they are designed to protect. Car
accidents are already the top cause of death in the United States for children between the ages of one and
twelve and defective car seats have contributed not only to the deaths of children, but also to traumatic
brain injuries, fractures to the skull and face and strangulation.
Tire Blow Outs
According to a study done in Europe, roughly 6.7% of accidents are caused by tire blowouts that cause the
driver of a vehicle to lose control and collide with another vehicle or damage property. Truck tire blowouts
are usually more dangerous to vehicles that happen to be nearby than they are to the truck driver, due to
the distribution of weight over eighteen tires. In some instances, a blown tire may cause a trucker to lose
control and cause a truck accident, however. The main concern over a blown truck tire is the size of the
tire, the pressure of the blast and the resulting debris.
Damage to Other Vehicles on the Road
Simply running over a truck tire tread can damage a vehicle and if the vehicle is near the truck at the time
of a blowout, the tread may hit the hood of the car or the windshield, causing damage to the car and
possibly causing another accident as the driver of the vehicle attempts to avoid the debris. The physical
force of the tire blowing out is enough to damage acar that is driving alongside the truck at the time it
blows out. These incidents have been known to claim the lives of other drivers on the road and cause
severe injuries in other instances.
Vans More Prone to Blowouts
In the study, it was revealed that vans were much more likely to have blown tires than any other type of
vehicle. Of the accidents studied, 22% occurred in vans, which are extremely popular commercial
vehicles used in the delivery of mail and packages. Blowouts in vehicles that have only four wheels are at
greater risk of causing the driver to lose control of the vehicle and collide with another. Since rear wheel
blowouts have a higher frequency of lost control, it is recommended to place better tires on the rear wheels
and to inspect them often for signs that they may need to be replaced.
The Frequency of Blowouts Contributing to Accidents
Luckily 87% of accidents that were the result of blowouts only involved a single vehicle, but even if the
vehicle failed to collide with another, there is still a risk of property damage, especially in the event that
the driver of a large tractor trailer loses control. In 13% of the tire blowouts, at least one other vehicle was
involved in the accident and this number, while not a majority, is still significant. If a truck driver
experiences a blowout due to a failure of the trucking company to properly maintain and replace the
truck’s tires, the company may face litigation for any damages that result.
Tire and vehicle manufacturers may face heat as well if it is found that a blowout related to a serious
accident could have been caused by a defective part or tire. Most truck tires are not new tires, however,
and are refurbished with new treads in order to cut back on the cost of replacing the whole tire. This
practice may be a contributing factor in the number of truck accidents that occur as a result of a tire
blowout. There is nothing wrong with using a refurbished product if it is safe, but if a company fails
to inspect equipment that could cause a truck accident in the event of a failure, that company must
account for any damages that result.
Bus Accidents
Any vehicle that is designed to transport ten passengers or more, not including the driver qualifies as a
bus under law and is to be treated as such. Most buses are large and long enough to have the same kinds
of blind spots that a semi-tractor would while other buses are as compact as a passenger van. In 2008,
there were over 843,000 registered buses in the United States and roughly 11,000 accidents that involved
buses. While the amount of buses that are involved in bus accidents is relatively small, the impact on
peoples’ lives is still great— 24,000 people were injured or killed by a bus in 2008.
Accidents with Vehicles
Due to the nature of public transportation, buses are constantly stopping and going, picking people up
and dropping them off along the way. While buses attempt to merge back into traffic, many accidents
occur due to cars either being in the bus driver’s blind spot or the driver pulling out too fast. Other
accidents may be the result of the driver being in a hurry to complete his or her route and traveling too
fast on busy streets. If a bus driver is at fault for an accident with another vehicle, the driver and the owner
of the bus are both liable for the damage to the vehicle and the cost of any medical treatment that is
required.
Accidents Involving Pedestrians
When the streets are flooded with pedestrians crossing streets and looking for cabs in the city, the risks are
higher that those pedestrians might be involved in accidents with a vehicle or a bus that is being operated
by someone who is not paying attention. Many of these accidents result in severe injuries or deaths and
could be prevented if drivers quit being in such a rush and pay more attention. Both the driver and the bus
company need to account for any injury or death that results from an accident that is the fault of the driver.
Injured Passengers
Bus accidents affect passengers on the bus, who are thrown from their seats or sustain injuries from the
impact of a collision. The bus driver is responsible for the safe delivery of passengers to their destination
and any passenger who is injured has the right to pursue damages. Bus drivers who are transporting
children to or from school need to be cautious and ensure the safety of every child on the bus in order to
avoid litigation.
Whenever passengers are involved, it is imperative that drivers are safe and cautious in order to avoid
exposing their employers to multiple lawsuits that will harm the company financially and cost at fault
drivers their jobs. Unfortunately, most bus drivers are not adequately trained to be trusted with the lives of
all of the passengers that they cart around each and every day. Bus companies will not make any changes
to their training programs unless they are held to account when their drivers cause accidents that injure or
kill others on the road or riding the bus.
Cement Truck Accidents
Cement trucks are not like ordinary trucks and have a much higher risk of being involved in severe
accidents that cancause severe injuries or death. Because of the weight displacement in the back of the
vehicle, cement trucks are more prone to roll over accidents than ordinary trucks and these accidents cause
much more potential damage to property and people than most other truck accidents. Cement truck
drivers are more likely to be in a rush to get to their destinations and their hastiness combined with the
tendency for their vehicles to roll over or lose control as a result of very minor errors make them a hazard on
the road that cannot be ignored.
Time Sensitive Cargo
The cement carried in cement trucks is constantly rotated in order to prolong the amount of time that it will
take for it to harden, but ifa driver is unable to deliver the cement on time it could dry inside of the mixer.
Most of these trucks do not travel long distances from the place of pickup to the site of delivery because
they have an average of about an hour and a half to deliver the cement before it hardens. This is why
cement truck drivers are more likely to take risks that could put others and themselves in danger.
Risk of Rollover
The weight distribution of a cement truck almost invites disaster and they have been known to roll over at
speeds as low as 5 MPH. Turns must be taken very carefully in order to make sure that the vehicle remains
upright and if a driver is in a hurry, he or she may not slow down or make as wide of a turn as
is required to transport the cement in a safe manner. Sudden maneuvers at high speeds pose the same
risk; making cement trucks a potential hazardon interstates or highways.
Mechanical Failures
Cement trucks have more equipment on them than normal tractor trailers, which means that there are
more opportunities for something to go wrong. There is a history of instability around cement trucks and it
is not uncommon for components to break or malfunction both on and off of the road. If you find yourself
behind a cement truck, it is a good idea to put space between your vehicle and the truck in order to allow
yourself ample time to react if any part of the truck breaks and sends debris onto the road.
Poor Maneuverability and Line of Sight
The weight distribution of a cement results in a high center of gravity, which is why the trucks are so prone
to rollover accidents. It is extremely difficult for the driver of a cement truck to make a quick correction
and once he or she makes amove into another lane or starts a turn, he or she is often committed to that
action. Many motorists do not realize this fact and believe that cement trucks drivers are able to react as
quickly as any other truck driver when this simply isn’t the case.
Big trucks have four very large blind spots to begin with, and cement trucks have more blind areas than a
semi-tractor trailer does. When approaching a cement truck on the road, it is important to know that the
driver may not be able to see you, making it important to pass the truck quickly rather than remaining in the
driver’s blind spot for a long time. The practice of passing any truck on the road as quickly as safely possible
will prevent many truck accidents on the road.
Trucking Accident Injuries
So many of the clients I help have either lost loved ones or suffered life changing injuries during their
trucking accidents. It comes as no surprise to anyone that the nature of these accidents results in more
serious harm to the body despite every advance in safety technology that we’ve seen. Trucks have the
ability to completely crush vehicles under their weight, and there is very little that victims can do to
reduce the severity of an impact.
I’ve provided the following information about common trucking accident injuries to motorists,
pedestrians and truck drivers alike so that you can understand the nature of these events and why it is
important that victims are able to recover every bit of compensation they need to help with their
physical recoveries and any ongoing care that is necessary.
Injuries to Motorists
Not enough has changed statistically since the late 1980s concerning the number of truck accidents and
deaths related to truck injuries. In 1988, there were about 94,000 accidents which resulted in around
130,000 injuries. Data from 2005 shows that while the number of accidents has dropped, the number of
truck crashes on the road each year is still high and far too many people are injured as a result. 78,000
incidents were reported in 2005 and 114,000 resulted in injuries of some form.
Shattered Bones and Lacerations
Accidents involving big trucks are much more devastating than accidents that involve two carsand the
injuries are much more severe as a result. Shattered glass and sharp pieces of metal may cause deep
lacerations that require immediate medical attention and could pose the risk of infection— which may
cause gangrene or create the need to amputate the affected limb. Lacerations may also tear muscle
tissue, remove portions of skin or leave unsightly scars that can only be repaired through expensive
surgeries.
The high impact of the accident may also result in complex fractures or shattered bones that require
surgery in order to repair. When bone shatters, it usually requires internal fixation in order to set the pieces
of bone back into place to promote healing. Internal fixation is the process of inserting devices such as
screws, pins or plates into the bones to hold them into place. In some instances, bone grafting is required
to repair bones that have been shattered so badly that healthy bone matter from another area of the body
may be required in order to repair the injured area.
Motorcyclists Injured by Trucks
Because motorcyclists are already afforded so little protection on the road, injuries cyclists sustain when in
a collision with a truck are devastating. If the motorcyclist survives, he or she usually sustains broken or
shattered bones, lacerations, injuries to the spine and neck or trauma to the brain. These injuries usually
require extremely expensive medical care and leave the victim unable to work for a long period of time as
he or she recovers.
Injuries to the Spine
The high impact of a crash with a truck may do severe damage to the spine, causing any number of
conditions that range from temporary or partial paralysis to full paralysis of part or all of the body. Injuries
to the spine may cost the victim from $40,000 to over $170,000 each year after initial medical costs of as
much as $1 million in the first year. A 25 year old who suffers from paraplegia may be required to pay $4.3
million over his or her lifetime for medical care.
Pain and Suffering
In these types of cases, pain and suffering is a considerable factor due to the fact that the victim usually
needs to live with the injuries he or she sustained for a long time, if not for a lifetime. Being forced to live in
pain for years or decades qualifies as pain and suffering— which the courts see as a form of damages that
can be compensated through a financial judgment. The money awarded to victims for pain and suffering
will allow them to live more comfortably with the effects of their injuries.
Injuries to Pedestrians
All traffic is required to yield to pedestrians on the road and to be aware of their presence even if they
cross the street illegally. Any vehicle is capable of severely injuring a pedestrian, but big trucks are
extremely dangerous due to drivers’ limited ability to see what is just in front of them and the large size
and weight of the truck itself. Truck accidents that involve pedestrians often result in the death of the
pedestrian and if a pedestrian survives, his or her injuries may require a lot of time and therapy to
recover from.
Causes of Accidents Involving Pedestrians
Many of the accidents between trucks and pedestrians occur when the truck driver is making a turn. The
pedestrian may be crossing the street at the time that the driver turns right and the driver simply fails to
notice the pedestrian. The same type of incident may occur when the driver is turning left, but truck drivers
have a much better line of sight when they are turning left that when they are making a right turn due to
the fact that there is a blind spot on the front right side of the truck that is larger than the same spot on the
left.
Adverse weather conditions can affect a truck’s ability to stop and some pedestrians are hit by trucks
when it is raining or snowing and the truck driver is unable to stop to avoid an accident. Nighttime
conditions make it hard for drivers to see people walking near or across the road and accidents may
result if the driver does not see the pedestrian crossing the road. In many instances, the driver is going
too fast for the conditions to begin with and an accident might have been averted if he or she had
slowed down during inclement weather conditions.
Severity of Injuries to Pedestrians
Trucks are capable of shattering bones and causing deep lacerations to the passengers of vehicles, so it
is hard to fathom the amount of damage that a truck can do to the human body when colliding with it
directly. Many accidents involving pedestrians who survive occur at lower speeds, such as when a truck
turns right at a stop light and hits the pedestrian, but even at low speeds, bones can be broken
and shattered and the pedestrian can incur injuries to the back, neck or head. The initial cost for care for
some of these injuries is high and if surgery is required, or the injury causes paralysis, the ongoing costs can
create a heavy financial burden on the victim.
Children Injured in Trucking Accidents
Car seats are required as an alternative to seat belts for children in every single state in the United States
now due to the fact that seat belts designed for adults can cause children more harm than good. The
problem with childrens’ car seats, however, is that many of them are improperly secured and cannot
withstand any substantial impact such as the kind that would occur in a truck accident. Because car seats
often failin accidents that involve a car and a large truck, injuries to children are often more severe and
have a higher mortality rate.
Defective Latches and Improperly Secured Car Seats
In a study performed in the late 1990s, it was found that over 80% of car seats were improperly installed
into vehicles or improperly used by parents. Several parties can be responsible for the problem— from the
car manufacturer failing to provide effective mechanisms that support the installation of the seats to the
company that produced the seat or the persons securing their children in them. In the event of an
accident, defective latches can come undone or the harness itself can come loose, making the car seat
ineffective.
Five Point Harness System
Since 1996, companies have moved toward production of a five point harness system that is designed to
distribute the energy of an impact to the strongest parts of the body. When this type of car seat is installed
and used properly, it greatly reduces the risk of death or serious injuries to children in the back seat.
However, in collisions in which a truck hits a car from behind, the impact may still be substantial enough
to inflict injuries to children’s neck, head and spine. The good news is that car seats do reduce the severity
of injuries by 60%, but when a large truck is involved, injuries still tend to be severe.
If the car seat is front facing, the back side of the car seat can collapse if the rear end of the car crumples
under the weight of a large truck. Injuries to small children can affect their development, memory,
concentration, ability and behavior for the rest of their lives. The cost of medical care can be a burden on
the child’s parents and then on the child for his or her entire life.
Determining Fault
If your child was injured in a truck crash, an experienced truck injury lawyer will be able to review the case
in order to determine if the car seat worked properly and, ifit failed to work as it was designed, whether
the car seat’s failure contributed to a more severe injury. The truck driver and the company he or she
represents will be held liable for their roles in the accident, but additional compensation can be sought
from the manufacturer of the car or car seat if there was in fact a defect in the car seat that contributed to
the child’s injuries.
Injuries to Truck Drivers
Not all truck accidents are the fault of the driver and many truck drivers may be injured in accidents or
while performing their everyday duties. Whenever a truck driver is injured on the job, he or she has the
same rights as any other individual and may elect someone to represent him or her in court when
pursuing damages. Before filing a lawsuit, however, it is important to determine who is at fault for the
injuries so that the case can be directed at the proper parties involved.
Injuries to the Spine and Back
A truck driver’s job is much more demanding than many people give credit for and truckers handle the
roads for over ten hours at a time sometimes. This takes a toll on drivers’ spines and musculoskeletal
health, which can lead to severe back injuries that put them out of work while they recover. Statistics
show that truck drivers take more days off of work each year due to injuries to the back or spine than
workers in any other profession.
If the driver is injured while he or she is on the job, the company that employs him or her is responsible
to provide compensation while the driver is off of work. Some companies are better than others at
covering the needs of their injured workers and ifproper compensation is denied, the driver has the right
to take the company to court in order to collect what is due. Even if a driver is collecting worker’s
compensation, it is wise for him or her to speak with an experienced truck injury lawyer to determine if he
or she is being treated fairly.
Injuries Resulting from an Accident
If a truck driver is injured in an accident, several parties may be deemed liable for the resulting medical
bills and time he or she needs to take off of work. If the accident was the result of poorly maintained parts
on the truck, the employer may be liable and if a defective piece of equipment caused the accident, the
manufacturer may be held accountable as well. A qualified truck accident attorney will be able to evaluate
the case to determine which parties are responsible before seeking damages.
The Role of Insurance Companies
If a truck driver is injured in an accident that he or she was at fault for, his or her medical bills and related
costs can be covered by insurance. Truck companies are required by law to ensure that their drivers have
mandatory levels of coverage so that drivers are covered if they are found liable for an accident.
An injured truck driver should never feel that he or she must be forced to carry the entire burden for an
accident just because it was his or her fault.
Trucking Accident Fatalities
There are roughly 80,000 truck accidents every year in the United States and over 4,500 of them involve
one or multiple fatalities. The power of big trucks and their momentum at higher speeds make them
capable of exacting great amounts of damage to property, vehicles and any passenger who happens to
be traveling in an automobile on the opposing end of the crash. Whenever atruck driver causes an
accident that takes the life of another person, both the driver and the trucking company are responsible
and may have lawsuits filed against them for damages.
Accidents with Multiple Deaths
In 2005, there were 4,533 fatal truck crashes reported in the United States and 5,212 deaths resulted from
those accidents. Of those deaths, 803 were truck drivers and the others were the drivers or passengers of
the other vehicles involved. At high speeds, trucks crush other automobiles and the accidents are
devastating enough to claim multiple peoples’ lives due to the powerful impact and the tendency for
crushed cars to be inaccessible to emergency workers who must get the accident victims out of the wreck
as soon as possible.
Truck drivers are at a much lower risk of death in atruck crash than anyone else involved in the accident.
The drivers are high off the ground and well protected inside the cab of the truck while vehicle passengers
and motorcyclists are closer to the ground. Cars crush easily under the weight of a big truck and
motorcycles offer riders almost no protection, putting the truck driver in the safest location during the
accident.
The Cost of Losing a Loved One
Losing a loved one is not only a burden on the heart, but it becomes a financial burden if the person who
died has been supporting a family. In wrongful death cases, the financial impact of the loss needs to
be taken into consideration and damages must reflect the lost income of the deceased and the impact
that loss of income has on the family. The way that the person died is important as well— the court may
award additional damages to compensate for the pain and suffering that the person went through before
his or her death.
Who May File a Lawsuit?
Every state has different statutes stating who may file a lawsuit on behalf of a loved one who has passed
away. If the deceased was young, the parents may file the suit and if the deceased was married it may be
the spouse. If he or she was older, his or her grown children may have the right to take up the case, but in
order to determine who should file the lawsuit; the family should speak with a qualified attorney who is
familiar with the statutes in the state the accident occurred in as well as where the person resided.
How to Handle Insurance Companies
Trucking accident cases tend to be much more complicated due to the involvement of multiple people
and companies when attempting to determine fault and liability. Regardless of fault, however, it is
certain that an insurance company will almost always inevitably cover the payout whenever a
policyholder settles or is forced to provide compensation due to a judgment in favor of the victim. Due
to the vested interest insurance companies have in their clients, you can be sure that even as you are
receiving emergency treatment for your injuries, the trucking company liable for your injuries is
contacting its insurance company and legal team.
Insurance Companies Have a Head Start
It is almost appalling to think that while you are focused on more important things— such as your own
survival after sustaining critical injuries— lawyers representing the responsible parties are convening to
build a legal defense in the event you press your claim. This is why when I tell potential clients that they
need to initiate the process quickly, it isn’t a pressure tactic. I simply need the time to be able to cover lost
ground and build a solid case on your behalf.
It is also important to be aware of the forms of trickery insurance adjusters may use in an attempt to
violate your rights or to coerce you into giving them up voluntarily.
Tactics Used by Insurance Companies to Avoid Liability
You will never be contacted by an insurance company following an accident because the insurance
adjuster is looking out for your best interests. The communications between you and the insurance
company’s representative will be recorded and the questions asked will be meant to catch you saying
something that could be used against you in court. If you misremember the slightest detail and your story
conflicts with a claim you originally made, it can be used to call the validity of your testimony into
question.
The insurance adjuster may also offer a premature settlement that provides inadequate compensation
and make threats when you choose to reject the offer or mention that you are seeking legal
representation.
While there are things you can do to protect yourself in these situations, the greatest advice that I can give
is to only communicate through an attorney. It is your right to do so and insurance companies try to scare
people from obtaining legal representation because they know an experienced attorney will see past their
trickery.
If you do communicate with an insurance company, keep in mind that every word you say can be used as
evidence, so keep your answers brief and don’t divulge any critical information. If you are offered a
settlement, tell the adjuster that you want to have the details of the offer reviewed by an attorney before
you accept.
Handling insurance companies is one of the most important facets of working as a personal injury lawyer
and my legal team has extensive experience working with insurance companies on a wide variety of legal
matters. I would be happy to communicate with any insurance adjusters on your behalf or to prepare you
before you accept any calls from an insurance company regarding your accident so that your rights remain
protected.
Why Trucking Accident Victims
Need and Deserve an
Experienced Advocate
The world is full of sumptuous lawyers who prey on the desire of those who want to cash in. A sue happy
mentality has led to greater protections for defendants, and the unfortunate effect of these protections is
that it is more difficult to reclaim compensation for those who have legitimate cases. You deserve an
advocate who will always be upfront, honest and realistic. These qualities also need to be accompanied by
experience specific to your type of case.
In order to best increase your chance of recovering the compensation you are entitled to, you need to
retain an attorney that specializes in trucking law. I suggest to all of my potential clients that they shop
around for an attorney before deciding who will take their case, because it is important that you are
connected with a lawyer who represents your ideals, interests and needs; and has the resources needed to
help you achieve your goals.
I always refer to relevant judgments and settlements earned on behalf of my clients when offering proof of
my team’s abilities and expertise. The attorney that you ultimately select needs to be able to offer similar
examples so that you are confident in his or her ability to recover compensation on your behalf. In
addition, your attorney should possess the following qualities.
Î The ability to provide reasonable expectations. I never make promises to clients that I am unable to
keep, such as overvaluing a case or overstating the chances of a case’s success. You should
be extremely wary of any lawyer that makes outrageous claims which seem far too good to be true. I
always seek compensation on behalf of clients that is fair and will allow them to cover their
expenses, pain and suffering. The value of every case is dependent on the circumstances of the
accident, however, and I will let you know what the assumed value of your case should really be.
Î Access to a team that includes relevant experts in medicine, accident reconstruction and social
work. Medical specialists are the source of valuable testimony when needing to justify the value of
future medical bills, and having access to these experts also makes it easier for you to get the
treatment you need and deserve. Social workers can help you throughout your recovery and
transition into a different quality of living if your injuries are permanent and quality accident
reconstruction experts are instrumental in building your case. When you are interviewing potential
attorneys, it is important to understand what resources they have available because winning your
case requires more than simple legal expertise— it takes a dedicated and comprehensive team.
Î Experience with truck accident cases and proven results. There are some excellent attorneys in the
world who are simply unqualified to handle your case. This is just due to the fact that they don’t have
relevant experience handling cases like your own. When choosing the person to represent your
interests, it is vital that he or she is an expert in trucking accident law or he or she may make critical
errors when preparing your case and handling negotiations.
Î The ability to guarantee results. Some attorneys will not touch a case unless they are certain of
their ability to win the case or negotiate a settlement. Others will accept the case with the
knowledge that you have a low chance of success. The way to differentiate these attorneys is to
evaluate how they get paid. If they require their fees upfront, they won’t have a vested interest in
the outcome and preparing lawsuits is expensive. Lawyers who work on contingency can
guarantee their results and offer quality legal services regardless of whether a client can afford to
cover the cost of litigation.
I would love the opportunity to sit down with you and review your case, and I won’t be insulted if you seek a
second or third opinion after speaking to me. I am sure that my legal team’s history of success will speak for
itself and am happy to back up my claims with examples of recoveries I’ve made on behalf of clients with
cases just like yours. While I invite you to explore your legal options and interview multiple attorneys, I must
remind you that time is not on your side.
Whether or not you retain my services, it is vital that you obtain an attorney quickly to give him or her
ample time to prepare your case.
Learn more about our truck accident practice by visiting our FAQ section here.
Our Trucking Accident Case Results
You can find examples of judgements and settlements I and my team have earned on behalf of clients just
like you below. I would like to remind you that every case is valued based on unique circumstances, so I
cannot provide an estimate on the value of your own case until I’ve had the opportunity to review and
investigate your claim.
$616,772 — Four friends were on their way home from dinner when a truck ignored a traffic light and t-
boned them. The impact was so significant that rescue workers needed to remove them from their
vehicle with the ‘jaws of life’. Two of the passengers were released from the hospital the following day.
The other two spent approximately one week in the hospital before receiving outpatient care.
$2,750,000 — Over $2.75 million was awarded to the victim in a bicyclist accident involving a truck
when it was determined that the truck driver acted negligently.
$750,000 — Truck loading dock accident involving a truck driver who was pinned by a forklift operator
who was unloading pallets at an electronic warehouse. The driver sustained a crush injury to his leg and
received two surgeries for a diagnosed case of compartment syndrome. In addition to the recovery from
the company of the forklift operator, the driver also received benefits from his employer’s workers
compensation carrier.
$3,000,000 — Motor vehicle / trucking accident. A disabled man was crossing a street with his blind cane
when a garbage truck making a right turn collided with him in the intersection. The man suffered bilateral
femur fractures and de-gloving injuries, which required extensive surgeries and rehabilitation.
$720,000 — After getting rear-ended by a semi-truck with a double trailer, our client thought he was ‘ok’
and went to work. After gradually increasing pain, he went to an urgent care center where he was told he
‘sprained’ his back. Three days later, and practically unable to walk, our client visited his primary care
physician where he was referred to an orthopedist. An MRI was performed and showed two herniated discs
in his lower back. A three level lumbar fusion was performed several weeks later.
$1,400,000 — Semi truck accident. Our clients, a mother and daughter, were stopped at a red light when
they were rear-ended by a semi-truck delivering food to a nearby restaurant. The driver of the truck had
been driving for hours beyond what his company allowed and was in violation of NTSB laws. Both mother
and daughter sustained herniated discs in their lower back. The daughter was treated with physical
therapy and epidural injections while the mother required an L4/5 fusion.
$805,500 — Truck v. bicycle collision. Our client was struck by a truck making a right turn directly into his
marked bike lane. The impact with the truck and the pavement resulted in a compound clavicle fracture
and rotator cuff damage that required multiple surgeries. Our client, a physical education teacher missed
one year of school while he recovered from his injuries but was able to resume teaching following his
physical therapy.
$480,000 — Collision caused by driver fatigue. It was determined that the truck driver who struck our client
had been working for far too long and he and his company were held liable for our client’s injuries.
$2,850,000 — Injured trucker. Truck drivers can suffer injuries in accidents too, and our client was injured
in an accident while on the job. Worker’s compensation laws require that all employers provide
compensation to injured employees and we were able to recover compensation for our client’s medical
expenses, lost wages and pain and suffering.
If you have been injured in atrucking accident, contact me right away so that I can review your case with no
risk or cost to you. In the event you cannot meet with me at one of my offices throughout the Chicago area
or are more comfortable meeting elsewhere, I will be happy to travel to meet with you at the location you
choose. My trucking accident law team will review your case and discuss your legal rights and options with
you so that you know exactly what to expect from us and how the process works.
For more information on Rosenfeld Injury Lawyers, you can visit www.rosenfeldinjurylawyers.com. I
look forward to serving you.

More Related Content

What's hot

The Ultimate Michigan Car Accident Handbook
The Ultimate Michigan Car Accident HandbookThe Ultimate Michigan Car Accident Handbook
The Ultimate Michigan Car Accident HandbookBuckfire & Buckfire PC
 
The Risks and Consequences Of Driving Without Insurance
The Risks and Consequences Of Driving Without InsuranceThe Risks and Consequences Of Driving Without Insurance
The Risks and Consequences Of Driving Without InsuranceDerek Wilson Law
 
Texas truck accidents
Texas truck accidentsTexas truck accidents
Texas truck accidentsMelinda_White
 
Truck accidents in oklahoma
Truck accidents in oklahomaTruck accidents in oklahoma
Truck accidents in oklahomaNelsonarnett
 
Florida Car Accident Guide
Florida Car Accident GuideFlorida Car Accident Guide
Florida Car Accident GuideSean M. Cleary
 
Drink and Drive
Drink and DriveDrink and Drive
Drink and Drivegajme
 
California Traffic School & Traffic School 2 U
California Traffic School & Traffic School 2 UCalifornia Traffic School & Traffic School 2 U
California Traffic School & Traffic School 2 UJohn Mike
 
Cca arbitration for removal for accident - discipline not corrective
Cca arbitration for removal for accident - discipline not correctiveCca arbitration for removal for accident - discipline not corrective
Cca arbitration for removal for accident - discipline not correctivekameleon_o
 
Lomond bikers 020315
Lomond bikers 020315Lomond bikers 020315
Lomond bikers 020315Rod Mitchell
 
What to do after an accident?
What to do after an accident?What to do after an accident?
What to do after an accident?Auto LedShop
 
California’s fault and negligence system
California’s fault and negligence system California’s fault and negligence system
California’s fault and negligence system tjryanlaw1
 
Sample driving test
Sample driving testSample driving test
Sample driving testtexasthings
 

What's hot (20)

Car injury attorney
Car injury attorneyCar injury attorney
Car injury attorney
 
The Ultimate Michigan Car Accident Handbook
The Ultimate Michigan Car Accident HandbookThe Ultimate Michigan Car Accident Handbook
The Ultimate Michigan Car Accident Handbook
 
The Risks and Consequences Of Driving Without Insurance
The Risks and Consequences Of Driving Without InsuranceThe Risks and Consequences Of Driving Without Insurance
The Risks and Consequences Of Driving Without Insurance
 
Texas truck accidents
Texas truck accidentsTexas truck accidents
Texas truck accidents
 
Greenville SC Car Accident Checklist - Personal Injury Doctor in Greenville
Greenville SC Car Accident Checklist - Personal Injury Doctor in GreenvilleGreenville SC Car Accident Checklist - Personal Injury Doctor in Greenville
Greenville SC Car Accident Checklist - Personal Injury Doctor in Greenville
 
Truck accidents in oklahoma
Truck accidents in oklahomaTruck accidents in oklahoma
Truck accidents in oklahoma
 
Hoon Laws WA
Hoon Laws WAHoon Laws WA
Hoon Laws WA
 
#1 Motoring Solicitors
#1 Motoring Solicitors #1 Motoring Solicitors
#1 Motoring Solicitors
 
Florida Car Accident Guide
Florida Car Accident GuideFlorida Car Accident Guide
Florida Car Accident Guide
 
Drink and Drive
Drink and DriveDrink and Drive
Drink and Drive
 
California Traffic School & Traffic School 2 U
California Traffic School & Traffic School 2 UCalifornia Traffic School & Traffic School 2 U
California Traffic School & Traffic School 2 U
 
Cca arbitration for removal for accident - discipline not corrective
Cca arbitration for removal for accident - discipline not correctiveCca arbitration for removal for accident - discipline not corrective
Cca arbitration for removal for accident - discipline not corrective
 
Lomond bikers 020315
Lomond bikers 020315Lomond bikers 020315
Lomond bikers 020315
 
What to do after a gravel truck accident
What to do after a gravel truck accidentWhat to do after a gravel truck accident
What to do after a gravel truck accident
 
What to do after an accident?
What to do after an accident?What to do after an accident?
What to do after an accident?
 
Truck accident injuries
Truck accident injuriesTruck accident injuries
Truck accident injuries
 
California’s fault and negligence system
California’s fault and negligence system California’s fault and negligence system
California’s fault and negligence system
 
The Michigan Drunk Driving Handbook
The Michigan Drunk Driving HandbookThe Michigan Drunk Driving Handbook
The Michigan Drunk Driving Handbook
 
What if i am partly at fault in a motor vehicle accident
What if i am partly at fault in a motor vehicle accidentWhat if i am partly at fault in a motor vehicle accident
What if i am partly at fault in a motor vehicle accident
 
Sample driving test
Sample driving testSample driving test
Sample driving test
 

Similar to Why Trucking Accident Victims Deserve a Book to Protect Their Rights

Legal services provided by our truck accident attorney
Legal services provided by our truck accident attorneyLegal services provided by our truck accident attorney
Legal services provided by our truck accident attorneyPersonal Injury Lawyers in LA
 
Liability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in CaliforniaLiability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in CaliforniaAngela M. Deisley
 
Read This Book To Learn About Your Legal Rights Following an Illinois Car Acc...
Read This Book To Learn About Your Legal Rights Following an Illinois Car Acc...Read This Book To Learn About Your Legal Rights Following an Illinois Car Acc...
Read This Book To Learn About Your Legal Rights Following an Illinois Car Acc...Rosenfeld Injury Lawyers
 
Florida Trucking Accidents: What A Victim Needs to Know
Florida Trucking Accidents: What A Victim Needs to KnowFlorida Trucking Accidents: What A Victim Needs to Know
Florida Trucking Accidents: What A Victim Needs to KnowAmanda Powers Sellers
 
How To find A Divorce Attorney
How To find A Divorce AttorneyHow To find A Divorce Attorney
How To find A Divorce Attorneynosyspecies7184
 
1 autobodyshopblogbill15
1 autobodyshopblogbill151 autobodyshopblogbill15
1 autobodyshopblogbill15Michael Davidov
 
Low cost vehicle insurance
Low cost vehicle insuranceLow cost vehicle insurance
Low cost vehicle insurancegathabarrosgomes
 

Similar to Why Trucking Accident Victims Deserve a Book to Protect Their Rights (14)

Bus Accident Lawyer in California
Bus Accident Lawyer in CaliforniaBus Accident Lawyer in California
Bus Accident Lawyer in California
 
Legal services provided by our truck accident attorney
Legal services provided by our truck accident attorneyLegal services provided by our truck accident attorney
Legal services provided by our truck accident attorney
 
Liability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in CaliforniaLiability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in California
 
Read This Book To Learn About Your Legal Rights Following an Illinois Car Acc...
Read This Book To Learn About Your Legal Rights Following an Illinois Car Acc...Read This Book To Learn About Your Legal Rights Following an Illinois Car Acc...
Read This Book To Learn About Your Legal Rights Following an Illinois Car Acc...
 
Injury Lawyer North Bay
Injury Lawyer North BayInjury Lawyer North Bay
Injury Lawyer North Bay
 
Florida Trucking Accidents: What A Victim Needs to Know
Florida Trucking Accidents: What A Victim Needs to KnowFlorida Trucking Accidents: What A Victim Needs to Know
Florida Trucking Accidents: What A Victim Needs to Know
 
The FDCPA And Debts
The FDCPA And DebtsThe FDCPA And Debts
The FDCPA And Debts
 
How To find A Divorce Attorney
How To find A Divorce AttorneyHow To find A Divorce Attorney
How To find A Divorce Attorney
 
1 autobodyshopblogbill15
1 autobodyshopblogbill151 autobodyshopblogbill15
1 autobodyshopblogbill15
 
Injury Lawyer Brampton
Injury Lawyer BramptonInjury Lawyer Brampton
Injury Lawyer Brampton
 
ppt.pptx
ppt.pptxppt.pptx
ppt.pptx
 
RPVD Handbook
RPVD Handbook RPVD Handbook
RPVD Handbook
 
Habbaspilaw
HabbaspilawHabbaspilaw
Habbaspilaw
 
Low cost vehicle insurance
Low cost vehicle insuranceLow cost vehicle insurance
Low cost vehicle insurance
 

More from Rosenfeld Injury Lawyers

A Roadmap for Families: The Nursing Home Neglect Guidebook
 A Roadmap for Families: The Nursing Home Neglect Guidebook A Roadmap for Families: The Nursing Home Neglect Guidebook
A Roadmap for Families: The Nursing Home Neglect GuidebookRosenfeld Injury Lawyers
 
Dog Bite Guidebook: Tips for Helping Victims Recover Compensation
Dog Bite Guidebook: Tips for Helping Victims Recover CompensationDog Bite Guidebook: Tips for Helping Victims Recover Compensation
Dog Bite Guidebook: Tips for Helping Victims Recover CompensationRosenfeld Injury Lawyers
 
Infographic – Humira: A Medical Breakthrough Or Another Dangerous Drug?
Infographic – Humira: A Medical Breakthrough Or Another Dangerous Drug?Infographic – Humira: A Medical Breakthrough Or Another Dangerous Drug?
Infographic – Humira: A Medical Breakthrough Or Another Dangerous Drug?Rosenfeld Injury Lawyers
 
Metal Hip Infographic: Problems With DePuy & Other Metal-On-Metal Hips
Metal Hip Infographic: Problems With DePuy & Other Metal-On-Metal HipsMetal Hip Infographic: Problems With DePuy & Other Metal-On-Metal Hips
Metal Hip Infographic: Problems With DePuy & Other Metal-On-Metal HipsRosenfeld Injury Lawyers
 
Infographic – Mesothelioma: The Truth About Asbestos Exposure
Infographic – Mesothelioma: The Truth About Asbestos ExposureInfographic – Mesothelioma: The Truth About Asbestos Exposure
Infographic – Mesothelioma: The Truth About Asbestos ExposureRosenfeld Injury Lawyers
 
Cerebral Palsy Infographic- Cerebral Palsy: A Gude For Parents
Cerebral Palsy Infographic- Cerebral Palsy: A Gude For ParentsCerebral Palsy Infographic- Cerebral Palsy: A Gude For Parents
Cerebral Palsy Infographic- Cerebral Palsy: A Gude For ParentsRosenfeld Injury Lawyers
 
Infographic – Truck Accidents: Big Dangers Lurking On The Roads
Infographic – Truck Accidents: Big Dangers Lurking On The RoadsInfographic – Truck Accidents: Big Dangers Lurking On The Roads
Infographic – Truck Accidents: Big Dangers Lurking On The RoadsRosenfeld Injury Lawyers
 
The dirty secret about pressure sores: an infographic
The dirty secret about pressure sores: an infographicThe dirty secret about pressure sores: an infographic
The dirty secret about pressure sores: an infographicRosenfeld Injury Lawyers
 
The dirty secret about pressure sores: an infographic
The dirty secret about pressure sores: an infographicThe dirty secret about pressure sores: an infographic
The dirty secret about pressure sores: an infographicRosenfeld Injury Lawyers
 

More from Rosenfeld Injury Lawyers (9)

A Roadmap for Families: The Nursing Home Neglect Guidebook
 A Roadmap for Families: The Nursing Home Neglect Guidebook A Roadmap for Families: The Nursing Home Neglect Guidebook
A Roadmap for Families: The Nursing Home Neglect Guidebook
 
Dog Bite Guidebook: Tips for Helping Victims Recover Compensation
Dog Bite Guidebook: Tips for Helping Victims Recover CompensationDog Bite Guidebook: Tips for Helping Victims Recover Compensation
Dog Bite Guidebook: Tips for Helping Victims Recover Compensation
 
Infographic – Humira: A Medical Breakthrough Or Another Dangerous Drug?
Infographic – Humira: A Medical Breakthrough Or Another Dangerous Drug?Infographic – Humira: A Medical Breakthrough Or Another Dangerous Drug?
Infographic – Humira: A Medical Breakthrough Or Another Dangerous Drug?
 
Metal Hip Infographic: Problems With DePuy & Other Metal-On-Metal Hips
Metal Hip Infographic: Problems With DePuy & Other Metal-On-Metal HipsMetal Hip Infographic: Problems With DePuy & Other Metal-On-Metal Hips
Metal Hip Infographic: Problems With DePuy & Other Metal-On-Metal Hips
 
Infographic – Mesothelioma: The Truth About Asbestos Exposure
Infographic – Mesothelioma: The Truth About Asbestos ExposureInfographic – Mesothelioma: The Truth About Asbestos Exposure
Infographic – Mesothelioma: The Truth About Asbestos Exposure
 
Cerebral Palsy Infographic- Cerebral Palsy: A Gude For Parents
Cerebral Palsy Infographic- Cerebral Palsy: A Gude For ParentsCerebral Palsy Infographic- Cerebral Palsy: A Gude For Parents
Cerebral Palsy Infographic- Cerebral Palsy: A Gude For Parents
 
Infographic – Truck Accidents: Big Dangers Lurking On The Roads
Infographic – Truck Accidents: Big Dangers Lurking On The RoadsInfographic – Truck Accidents: Big Dangers Lurking On The Roads
Infographic – Truck Accidents: Big Dangers Lurking On The Roads
 
The dirty secret about pressure sores: an infographic
The dirty secret about pressure sores: an infographicThe dirty secret about pressure sores: an infographic
The dirty secret about pressure sores: an infographic
 
The dirty secret about pressure sores: an infographic
The dirty secret about pressure sores: an infographicThe dirty secret about pressure sores: an infographic
The dirty secret about pressure sores: an infographic
 

Recently uploaded

Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Rich Bergeron
 
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toirenelavilla52178
 
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfAshutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfVidit Agrawal
 
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsTown of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsRich Bergeron
 
OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...Dr. Oliver Massmann
 
Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327bariajenne
 
IOS PPT.pptx doctrine of stare decisiss
IOS PPT.pptx  doctrine of stare decisissIOS PPT.pptx  doctrine of stare decisiss
IOS PPT.pptx doctrine of stare decisissPothysVaran1
 
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Diamond959916
 
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Rich Bergeron
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseRich Bergeron
 
Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Jong Hyuk Choi
 

Recently uploaded (11)

Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
 
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
 
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfAshutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
 
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsTown of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
 
OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...
 
Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327
 
IOS PPT.pptx doctrine of stare decisiss
IOS PPT.pptx  doctrine of stare decisissIOS PPT.pptx  doctrine of stare decisiss
IOS PPT.pptx doctrine of stare decisiss
 
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
 
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
 
Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24
 

Why Trucking Accident Victims Deserve a Book to Protect Their Rights

  • 1. Copyright Notice Copyright © 2017 by Rosenfeld Injury Lawyers All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to the publisher, addressed “Attention: Permissions Coordinator,” at the address below. Rosenfeld Injury Lawyers 33 N Dearborn St #1930 Chicago, IL 60602 www.rosenfeldinjurylawyers.com
  • 2. Why Trucking Accident Victims Deserve a Book to Protect Their Rights Chicago is an epicenter for the trucking industry due to its major role as atransportation and shipping hub. It serves both local and cross country routes as both a final destination or a transition point, and millions of trucks travel through the city and its surrounding suburbs as a result. Such a high volume of trucking volume is bound to result in a greater number of accidents, but it is also true that many of the accidents occurring on the roads can be prevented through commonsense measures and by following the law. As a personal injury lawyer, I often see firsthand the unfortunate and catastrophic consequences of trucking negligence and work hard to advocate for victims and their families when their lives are completely changed due to an accident. My name is Jonathan Rosenfeld, and it has been my mission for years to represent the interests of anyone who suffered devastating harm at the hands of another person or company’s negligence. I founded Rosenfeld Injury Lawyers to be able to help victims obtain the best legal services available from attorneys who are qualified and experienced with the specific areas of law that apply to their cases. Clients who access my Chicago Truck Injury Lawyers website will have access to a team of attorneys who have real experience and success with cases against large truck companies so that they can be sure their attorney offers the greatest chance of successfully recovering the compensation they deserve. One of the primary reasons most legitimate cases are never filed is that many victims are completely unaware of their rights or refrain from filing out of fear that their case will be considered frivolous. There are a lot of misconceptions about how lawsuits work and that is because many people have developed sue happy attitudes and there are plenty of lawyers around who will prey on their motivations. I want to let you know right now that if you seek my advice, I will be upfront and honest about whether your case has a chance in court and realistic about the amount of compensation you can expect to recover. I’ve prepared this book so that you know how to protect your interests following a trucking accident. You deserve to know how to tell if you have a claim and also how to avoid making any agreements that will erode your rights and hurt your case. Since insurance companies are often responsible for paying out any settlements or judgments, they have become very good at defending their policyholders and intimidating victims into signing away their rights.
  • 3. The first section of this book will cover all of the common causes of trucking accidents both so that you can recognize when a trucking company or driver is at fault and to be able to avoid accidents in the future. Trucking accident injuries are often severe due to the amount of power, weight and force involved, and I’ve dedicated an entire section to the different types of injuries that can result from these accidents. Next, I will let you know how to handle insurance companies and avoid providing statements or information which can be used against you in court. This section will also dispel many common myths that insurance adjusters perpetuate in order to intimidate victims into agreeing to terms that are against their best interests. The last two sections will be dedicated to helping you vet a personal injury lawyer and the results that my team of trucking accident attorneys has been able to provide my own clients in the past. I understand that you may ultimately choose to retain the services of another attorney, but regardless of whether you allow me to represent you or retain somebody else, I would like to let you know what qualities you need to look for in an attorney to ensure you have the greatest chance of recovering the compensation to which you are entitled. I understand that ifyou have been in a trucking accident, you are probably coping with devastating injuries and need access to the best medical care and legal advice available. I would love the opportunity to be able to make your recovery a little easier by representing your needs and connecting you with the resources I have available. Do not hesitate to contact me for more information and to arrange a consultation with one of my attorneys— free of charge. For more information on all areas of my practice, you can visit www. rosenfeldinjurylawyers.com. I hope that this book provides the information you need and look forward to being able to serve your needs.
  • 4.
  • 5. Common Causes of Trucking Accidents Driving a truck is not an easy task at all and requires a lot of skill, experience and situational awareness. Many truck drivers are extremely careful and responsible individuals who perform difficult work while trying to share the road with motorists who are not always considerate of their limitations. When atruck driver doesn’t follow the rules of the road or is pressured into acting in a negligent manner, however, the chances that he or she will be involved in an accident are magnified greatly. Following are some of the most common causes of trucking accidents. Driver Fatigue Even a fully rested driver who has been on the road for several hours can begin to suffer from fatigue and conditions such as highway hypnosis. Failure to stop and rest occasionally can make a driver more prone to mistakes and result in an accident. Truck drivers are on the road sometimes for eleven hours straight, only stopping to fuel up or get a meal. The constant need to get to the next destination on time can wear a truck driver down and the resulting fatigue can lead to a truck accident with the potential to change the lives of those involved forever. Laws Regarding Truck Driver Hours of Service According to Part 395 of Federal Regulations, truck drivers are not allowed to be on duty for more than fourteen consecutive hours and must break for ten hours after coming off of duty before driving again. Being on duty does not only include driving, but it includes waiting at a warehouse or a dock or any activity that the driver needs to perform during his or her day. While on the road, the driver may not drive for more than eleven hours straight and even if this milestone is reached before the fourteen hour mark of duty, the driver must stop and rest for at least ten hours. In order for authorities to enforce compliance with these rules, truck drivers are required to keep a logbook that details when they have come on duty, their mileage, when they have reached their destinations and when they have stopped driving or ended their days. The logbook is designed to help authorities determine whether the driver has followed a number of laws that do not only include those pertaining to a truck driver’s hours of service. The biggest flaw with this system is that truck drivers can falsify their logs and cover up the fact that they were speeding, on duty for longer than allowed and other offenses.
  • 6. The Responsibility of Trucking Companies Truck companies are required to monitor their drivers and make sure that they comply with federal laws as well as the state laws that apply to the locations drivers will travel through and arrive at. Unfortunately, these companies often encourage their drivers to push themselves in order to reach their destinations faster and actually encourage the falsifying of logs in order to meet their ends. This is not only illegal, but it places strain on the drivers, who are forced to be on the road for times in excess of more than twelve hours at a time. The effects of fatigue on drivers are a loss of concentration, reduced awareness and alertness, tiredness and slower reaction times. Some truck accidents have been the result of drivers falling asleep at the wheel and colliding with traffic or pedestrians as a result. The rules that govern the amount of time a driver can be on the job do not only apply to semi-truck drivers who handle eighteen wheelers. Any commercial driver is subject to these rules whether he or she is driving a flatbed, pickup, delivery vehicle, semi-tractor or a van.
  • 7. If you’ve been in an accident due to the actions of a negligent truck driver, there are ways to determine whether or not the responsible driver was following proper procedure. Truck companies will do whatever it takes to exonerate their drivers from responsibility and to steer clear of the heat, but an experienced truck injury lawyer has access to professionals who can reconstruct the accident and use new technologies on commercial trucks such as GPS navigation in order to prove that the driver was in the wrong. Remember that trucking companies will do whatever it takes to not be held responsible for the truck accidents that they bear responsibility for by pushing their drivers too hard.
  • 8. Speeding While commercial truck accidents are much less frequent than collisions that involve two cars, one person is still injured or killed every sixteen minutes by a truck crash. Due to the nature of the transportation industry, companies push their drivers every day to deliver their cargo faster, to make more deliveries each day, and to test the limits of their ability. Whether the driver operates a van or a semi-truck, he or she still operates a vehicle that can severely injure or kill other people and safety needs to come before speed. The Impact of Speed on Stopping Distance Speed laws are commonly overlooked and many drivers ignore the posted speed limit on major highways or major streets. Speed affects the distance at with a vehicle can stop in order to avoid an accident, however, and reaction time needs to be considered as well. At higher speeds, the vehicle travels more distance before the operator even has the opportunity to hit the brakes. At sixty miles per hour, it takes the average driver 132 feet simply to react. To then come to a complete stop takes another 171 feet for a total stopping distance of 303 feet. Trucks are much larger vehicles and require even more stopping distance— the distance required to come to a complete stop from sixty miles per hour is 361 feet. If a truck was to be traveling ten miles per hour and the driver needed to come to a halt, its stopping distance is only one foot longer than that of a car. As a truck gains speed and momentum, it gets increasingly more difficult to stop, making it even more dangerous at higher speeds on the highway than when traveling at lower speeds on city streets. Delivery Vehicles Delivery companies such as UPS, FedEx and DHL strive to deliver as many packages as they are able to each day and will often push their drivers to the end of their limits. In order to finish their routes on time, drivers of delivery trucks may speed from one stop to the next while ignoring the posted speed limit. This is extremely dangerous in the afternoon when children are getting home from school and various pedestrians are crossing residential streets. Many truck accidents that involve pedestrians are the result of the driver failing to adhere to the speed limit and being unable to stop in order to avoid an accident as a result. It doesn’t matter if commercial drivers operate a delivery van, tractor trailer, flatbed or an eighteen
  • 9. wheeler— all commercial drivers should follow the speed limit and place the safety of those who they share the road with first. If a driver fails to follow the law and causes an accident as a result, he or she is not the only party liable. The company that the responsible driver works for may be responsible for any resulting damages as well.
  • 10. Alcohol and Drug Use Driving under the influence of drugs or alcohol presents a danger to every person who is on the road and those who are being paid to drive should be held just as accountable as everyone else for driving under the influence. Trucking companies are responsible for their drivers and making sure that none of their employees drive while under the influence of any mind altering substance. Truck injuries that are the result of drunk or drugged driving require compensation not only from the driver, but the company that employs the driver as well. The Effects of Alcohol on Reaction Time Many studies have concluded that alcohol greatly diminishes a person’s ability to take decisive action or to react to an obstacle in the road. In a study performed by the Age and Cognitive Performance Research Centre in Manchester, U.K, it was determined that participants’ reaction times became greater as their blood alcohol levels and the complexity of the task rose. On the road, this means that a truck driver who is under the influence of alcohol will take longer to react when he or she needs to stop or perform an evasive maneuver and that the chances of an accident increase dramatically as the driver’s blood alcohol content increases. Why Marijuana Presents the Same Risks Marijuana contains a chemical referred to as THC, which impairs coordination, balance, memory, concentration, judgment and reaction time. Drivers are unable to accurately perceive time; speed and space while under the influence of marijuana and their reaction times slow down relative to the amount of THC that is in their blood. An Australian study looked at 3,000 separate truck driver fatalities and determined that the presence of THC in the driver’s blood at the time of the accident greatly increased the chance that the driver was at fault for the accident. The chances of responsibility rose with THC content, showing a clear relation between marijuana usage and the likelihood of an accident. Narcotics and Other Drugs Alcohol and marijuana get a lot of attention, but there are many other drugs that can be found on the streets or on the shelves of local over the counter drug stores. Narcotics may cause a driver to become
  • 11. extremely drowsy and affect his or her judgment and reaction time, but many cold and allergy medicines that can easily be bought at a truck stop or gas station can have similar effects. Anytime a driver is using medication of any kind, he or she should not jeopardize the lives of everyone else on the road by taking a chance. Even if a truck driver causes a collision with cold medicine in his or her system, that driver is liable for all of the damages that result from the accident and the truck company is responsible as well due to the responsibility that they have to ensure that their drivers operate safely. There is simply no excuse for driving while under the influence of any substance whether you are being paid to drive or not.
  • 12. Poorly Loaded or Secured Cargo Nobody expects the truck in front of them on the highway to drop cargo onto the road, creating a road hazard and causing an accident. It is not uncommon for trucks to be loaded improperly or for drivers to fail to notice loosely secured cargo. In the event that a trailer is improperly loaded and it causes a weight imbalance that leads to an accident, the warehouse responsible for loading the trailer could be liable for the resulting truck accident. Many of these incidents can be prevented if drivers take the time to check their cargo before hitting the road, but because many truck drivers are in a rush; this crucial step in the process is often skipped. Shifting Cargo All cargo will inevitably shift during transport each time the driver makes a turn, accelerates or comes to a stop. Warehouse workers are instructed to load trucks in a way that distributes the weight of the load in the trailer or on the flatbed in a manner that will reduce the amount of shift that occurs on the road. When truck drivers are required to pull into a weigh station, authorities will check to see if the cargo is over the maximum allowed weight and if they suspect uneven distribution, they may inspect the cargo. Weigh stations are not always open, however, and truck drivers often communicate to each other on the road in an effort to hit as few open weigh stations as possible. Therefore, it is the driver’s responsibility to make sure that his or her cargo is not going to shift to one side of the trailer, where it can make it difficult to maneuver the truck and even cause a jackknifed trailer while traveling at highway speeds. Any cargo that is secured on a flatbed needs to be secured so that it will not only shift, but so that it cannot come loose and fall onto the road where it will strike a following vehicle.
  • 13. Multiple Parties Responsible If a warehouse, dock or other distribution center allows a trailer or flatbed to leave without properly verifying that the contents on the trailer or flatbed has been loaded properly, that warehouse could be held liable if the truck driver is involved in an accident due to that cargo shifting or falling onto the road. The driver is also responsible for performing his or her own safety check before leaving the warehouse or dock. Even the trucking company may be held liable for any incident that results from improperly loaded or secured cargo.
  • 14. Road Construction Zones Speeding through a construction zone has become a serious offense due to the number of accidents that are caused when drivers travel too fast and fail to pay attention to workers, barriers and construction machinery that is on the road. There are extremely strict laws regarding driving through construction zones in Illinois and these laws are being enforced through cameras on the road whenever workers are present. What many motorists are unaware of, however, is that these laws exist to protect motorists as well as construction workers— and motorists are in greater need of the protection. Work Zone Related Fatalities Any commercial driver— whether he or she drives avan, a pickup truck, a semi-tractor, flatbed or any other vehicle designed for transport— needs to follow the same rules of the road that everyone else does. Trucks can do a lot more damage to smaller vehicles at higher speeds and construction zones are filled with hazards, distractions and possible obstacles. 90% of the deaths that occur in work zones are to motorists rather than to construction workers and speed is alarge contributing factor in these accidents.
  • 15. Effectiveness of Construction Laws Legislation passed in Illinois to crack down on drivers who break the construction zone speed limit has reduced the number of deaths by half since 2004. Drivers are required to slow down when they enter a work zone and follow the posted construction zone speed limit, which is usually 45 MPH on the highway. Signs are posted that instruct drivers to proceed with caution and sometimes to stay in their lanes. Those who break traffic laws in a construction zone face a $10,000 fine, a license suspension of 90 days and up to two years jail time (fourteen years if adriver kills a construction worker as a result of breaking a traffic law in a work zone). The harsh penalties have encouraged more drivers to take proper caution in work zones and removed those who ignore posted speeds and instructions in those zones off of the road. Over 8,000 citations have been written since the law was instated. A steep fine and the threat of jail time have let drivers know just how serious Illinois is about its intent to keep construction zones safe for motorists and workers.
  • 16. The Need for Speed in the Trucking Industry Trucking companies demand more and more of their drivers each year and the need to deliver cargo quickly and efficiently makes truckers cut corners and try to make up as much time as possible. This includes breaking traffic laws when a delivery is running late. Whenever a driver or a company puts efficiency and speed ahead of the safety of others, that company needs to be held accountable if its actions result in an accident. Most trucking companies will retain representation in order to try to deflect the blame when their policies are put into question. They encourage drivers to take actions that threaten the lives of other people on the road, but make every attempt to remain insulated from liability when things go awry.
  • 17. Inadequate Maintenance The majority of truck accidents on the road are either the fault of the truck driver or the other party, but defects in important parts of the truck can contribute to an accident. How much defective parts affect the chances of the truck driver being unable to avoid an accident vary and some defects create situations in which an accident simply cannot be avoided. It is the responsibility of the trucking company and the driver to perform routine checks in order to ensure that all of the equipment on the truck is in working order and address any problems before allowing the truck on the road, but some defects go unnoticed until it is too late. Braking Systems The braking systems on semi-tractors and other large commercial trucks are extremely different than that of cars. Most trucks rely on an air brake system that uses compressed air in order to apply the brakes rather than using a hydraulic system that depends on brake fluid. Airbrakes are usually much more reliable than hydraulic brakes, but they are less responsive and truck drivers are not able to stop on the dime. The minor lag that exists in air brakes can make a difference in the half second that it takes for the brakes to be applied. Defects to the compression system or the brakes themselves can create a disaster if the truck driver is unable to bring his eighteen-wheeler, flatbed or other large commercial vehicle to a halt. In the event that faulty brakes are the cause of an accident, an investigation needs to take place to determine if any part of the braking system was defective or if the system was not maintained properly. Lighting System Problems with a truck’s lighting system are extremely common and many lighting systems have defects that can cause them to fail when they are needed at night or in adverse weather conditions. Lighting failure can contribute to nighttime accidents by making it nearly impossible for the truck driver to detect vehicles or motorcycles on the road. The lack of brake lights may also make it hard for the truck to be seen in adverse weather and result in the truck being hit from behind.
  • 18. Federal Regulation Regarding Inspection and Maintenance Federal Regulation 396 requires all commercial trucking companies to regularly inspect and maintain all of the trucks in their fleets. Many defects can be discovered through routine inspections and repair, preventing issues on the road that can lead to disaster. Companies are required to keep logs of all of the maintenance performed on their truck in order to show compliance as well as to allow investigators to identify the cause of equipment failure or malfunction. If defective equipment is indeed the cause of a truck accident, the manufacturer of the equipment can be held liable for the accident as well. Most accidents involving equipment failure are the fault of both the driver for continuing to drive with defective equipment and the equipment itself. In order to determine how to distribute fault in an accident, it is best to consult with a reliable truck injury lawyer.
  • 19. Blind Spot Accidents Every single vehicle has blind spots that restrict what the driver is able to see around the vehicle while traveling the road. Trucks are no different and their blind spots are massive when compared to the blind spots in cars, vans or pickup trucks that drivers can check merely by looking over their shoulders. Most drivers on the road take their time passing trucks, not realizing that they are putting themselves in danger by remaining in a truck driver’s blind spot. If a trucker is unable to see another vehicle and changes lanes or makes a turn that results in a truck accident, he or she cannot be held responsible. The Four No Zones Located on all four sides of a semi-tractor trailer are what are commonly referred to as “no zones” which are areas that a truck driver is unable to see. The smallest of these zones is on the left hand side of the truck, next to the driver’s door— extending into the next lane. The largest zone is on the right side and can extend up to three lanes on the right side of the truck, making it the wrong side of a truck for a car to drive on. There are also no zones directly in front of and behind the truck and drivers need to be aware of the fact that truck drivers do not see drivers who are riding too close behind them or cars that are immediately in front of them. Passing a Truck Safely Because the left side blind spot is the smallest, it is always safest to pass a truck on the left side and to do so quickly. Reducing the amount of time that you are next to the trailer will also reduce your risk of being in a position where the driver can change lanes without seeing you. Give plenty of space once you are past the truck as well because the driver will not see you until you see his headlights in your rear view mirror. One common rule of thumb is to watch the side view mirrors of the truck and try to see the truck driver’s face through them. If you are able to do this, he or she can see you and should be aware of your presence on the road. The moment you can no longer see the truck driver’s face in the mirror is when you have entered a blind spot. If you aren’t seen, be heard by sounding your horn, but keep in mind that you want to spend as little time as possible in the blind spot of an eighteen wheel rig.
  • 20. Smaller Trucks and Delivery Vehicles Using the side view mirrors in order to determine ifyou are seen doesn’t just work on big trucks— it works if the other vehicle is a delivery truck, van, flatbed or pickup truck. Anytime you can see the other driver, he or she can see you. This small tip can be the difference between an accident and a near miss if the driver happens to notice you and stop moving into your lane. If you are unsure of whether or not you are at fault for a truck accident, it is still wise to consult an experienced truck injury attorney.
  • 21. Rear End Collisions Rear end accidents are the most common type of accident in the United States and many of these accidents involve commercial drivers. Most rear end accidents occur at low speeds, but the passengers in the leading car may still be injured, even in collisions that happen at 5 MPH. When people think of truck accidents, they assume that the truck is a big semi-tractor trailer and are often aware that trucking companies use flatbeds, pickup trucks, vans and delivery trucks as well. Whenever a commercial driver collides with another vehicle in front of his or her own, he or she is liable for the resulting damages. Whiplash Whiplash is a condition that is extremely common in those who have been involved in a rear end collision and the symptoms may not be present until several days after the accident. About 20% of rear end accidents result in whiplash. Experts believe that the injury is caused by the stretching of the spine and tears in the ligaments that support the neck. The result is a combination of symptoms that include headaches, pins and needles that extend from the neck down to the shoulders and arms, pain and stiffness in the neck and soreness in the middle back. Whiplash is treated through physical therapy, which is designed to repair the ligaments that are responsible for moving the neck. Patients are instructed to do a series of exercises that strengthen the surrounding muscles so that less strain is placed on the torn ligament while it heals. Some doctors believe that cervical collars should only be used for periods of three days or less because it can worsen the injury if the neck is immobilized for too long in some instances while other doctors believe in immobilizing the neck for a period of two to three weeks before beginning physical therapy.
  • 22. Damage to Vehicles Trucks are capable of doing great physical damage to a vehicle at slow speeds and if the car that the truck has collided with is in the driver’s front blind spot, he or she may end up pushing the vehicle into an intersection or another vehicle before noticing the accident. The truck driver is not only liable for the damage done to the car that was hit, but he or she is also liable ifthe vehicle collided with any other vehicle as part of a pileup accident. The driver and the company he or she drives for may be required to pay damages for every single vehicle involved in the crash and to pay all of the resulting hospital bills for all of the people hurt in the accident.
  • 23. Defective Equipment When you are involved in any kind of motor vehicle accident, especially truck accidents, the equipment that you rely on to save your life can also reduce the severity of any injuries you might sustain. When that equipment is defective, it can mean the difference between life and death. All of the equipment on semi- tractors, flatbeds, delivery trucks and other commercial vehicles must be inspected for flaws on a routine basis. If the equipment on a truck fails and causes an accident, the company that manufactured it and the company that was responsible for its maintenance can both be held liable— the same is true if the equipment in private vehicles is found to be defective as well. Seatbelt Failure Several major automobile manufacturers have needed to recall their vehicles in the past because the seatbelts malfunctioned when needed in a major crash. The most common error is known as inertial unlatching, which occurs when the seatbelt isn’t completely latched when it has been fastened. The passenger may pull on it initially and find that it has no give, but in an accident, the impact may jar the latch and cause it to come loose, rendering the seatbelt useless. Impacts involving trucks transfer a lot more energy than typical accidents and a defective seatbelt may be unable to prevent a passenger from hitting the windshield or traveling through it as he or she is propelled out of the vehicle. The auto manufacturer or designer of the seatbelt is liable in the event that a passenger is killed or suffers severe injuries because of the failure of his or her seatbelt. The injuries that result from these kinds of accidents usually alter the victim’s life permanently if he or she survives and pain and suffering must be taken into consideration. Defective Car Seats Children can be seriously injured in low impact car accidents ifthe car seat that is holding them in position fails to work properly. The impact of a truck is so much more severe that if a car seat fails during an accident involving a truck, the child is likely to suffer severe injuries if the child lives. Some car seats collapse upon impact, offering no protection at all to the children they are designed to protect. Car accidents are already the top cause of death in the United States for children between the ages of one and twelve and defective car seats have contributed not only to the deaths of children, but also to traumatic brain injuries, fractures to the skull and face and strangulation.
  • 24. Tire Blow Outs According to a study done in Europe, roughly 6.7% of accidents are caused by tire blowouts that cause the driver of a vehicle to lose control and collide with another vehicle or damage property. Truck tire blowouts are usually more dangerous to vehicles that happen to be nearby than they are to the truck driver, due to the distribution of weight over eighteen tires. In some instances, a blown tire may cause a trucker to lose control and cause a truck accident, however. The main concern over a blown truck tire is the size of the tire, the pressure of the blast and the resulting debris. Damage to Other Vehicles on the Road Simply running over a truck tire tread can damage a vehicle and if the vehicle is near the truck at the time of a blowout, the tread may hit the hood of the car or the windshield, causing damage to the car and possibly causing another accident as the driver of the vehicle attempts to avoid the debris. The physical force of the tire blowing out is enough to damage acar that is driving alongside the truck at the time it blows out. These incidents have been known to claim the lives of other drivers on the road and cause severe injuries in other instances. Vans More Prone to Blowouts In the study, it was revealed that vans were much more likely to have blown tires than any other type of vehicle. Of the accidents studied, 22% occurred in vans, which are extremely popular commercial vehicles used in the delivery of mail and packages. Blowouts in vehicles that have only four wheels are at greater risk of causing the driver to lose control of the vehicle and collide with another. Since rear wheel blowouts have a higher frequency of lost control, it is recommended to place better tires on the rear wheels and to inspect them often for signs that they may need to be replaced. The Frequency of Blowouts Contributing to Accidents Luckily 87% of accidents that were the result of blowouts only involved a single vehicle, but even if the vehicle failed to collide with another, there is still a risk of property damage, especially in the event that the driver of a large tractor trailer loses control. In 13% of the tire blowouts, at least one other vehicle was involved in the accident and this number, while not a majority, is still significant. If a truck driver experiences a blowout due to a failure of the trucking company to properly maintain and replace the
  • 25. truck’s tires, the company may face litigation for any damages that result. Tire and vehicle manufacturers may face heat as well if it is found that a blowout related to a serious accident could have been caused by a defective part or tire. Most truck tires are not new tires, however, and are refurbished with new treads in order to cut back on the cost of replacing the whole tire. This practice may be a contributing factor in the number of truck accidents that occur as a result of a tire blowout. There is nothing wrong with using a refurbished product if it is safe, but if a company fails to inspect equipment that could cause a truck accident in the event of a failure, that company must account for any damages that result.
  • 26. Bus Accidents Any vehicle that is designed to transport ten passengers or more, not including the driver qualifies as a bus under law and is to be treated as such. Most buses are large and long enough to have the same kinds of blind spots that a semi-tractor would while other buses are as compact as a passenger van. In 2008, there were over 843,000 registered buses in the United States and roughly 11,000 accidents that involved buses. While the amount of buses that are involved in bus accidents is relatively small, the impact on peoples’ lives is still great— 24,000 people were injured or killed by a bus in 2008. Accidents with Vehicles Due to the nature of public transportation, buses are constantly stopping and going, picking people up and dropping them off along the way. While buses attempt to merge back into traffic, many accidents occur due to cars either being in the bus driver’s blind spot or the driver pulling out too fast. Other accidents may be the result of the driver being in a hurry to complete his or her route and traveling too
  • 27. fast on busy streets. If a bus driver is at fault for an accident with another vehicle, the driver and the owner of the bus are both liable for the damage to the vehicle and the cost of any medical treatment that is required. Accidents Involving Pedestrians When the streets are flooded with pedestrians crossing streets and looking for cabs in the city, the risks are higher that those pedestrians might be involved in accidents with a vehicle or a bus that is being operated by someone who is not paying attention. Many of these accidents result in severe injuries or deaths and could be prevented if drivers quit being in such a rush and pay more attention. Both the driver and the bus company need to account for any injury or death that results from an accident that is the fault of the driver. Injured Passengers Bus accidents affect passengers on the bus, who are thrown from their seats or sustain injuries from the impact of a collision. The bus driver is responsible for the safe delivery of passengers to their destination and any passenger who is injured has the right to pursue damages. Bus drivers who are transporting children to or from school need to be cautious and ensure the safety of every child on the bus in order to avoid litigation.
  • 28. Whenever passengers are involved, it is imperative that drivers are safe and cautious in order to avoid exposing their employers to multiple lawsuits that will harm the company financially and cost at fault drivers their jobs. Unfortunately, most bus drivers are not adequately trained to be trusted with the lives of all of the passengers that they cart around each and every day. Bus companies will not make any changes to their training programs unless they are held to account when their drivers cause accidents that injure or kill others on the road or riding the bus.
  • 29. Cement Truck Accidents Cement trucks are not like ordinary trucks and have a much higher risk of being involved in severe accidents that cancause severe injuries or death. Because of the weight displacement in the back of the vehicle, cement trucks are more prone to roll over accidents than ordinary trucks and these accidents cause much more potential damage to property and people than most other truck accidents. Cement truck drivers are more likely to be in a rush to get to their destinations and their hastiness combined with the tendency for their vehicles to roll over or lose control as a result of very minor errors make them a hazard on the road that cannot be ignored. Time Sensitive Cargo The cement carried in cement trucks is constantly rotated in order to prolong the amount of time that it will take for it to harden, but ifa driver is unable to deliver the cement on time it could dry inside of the mixer. Most of these trucks do not travel long distances from the place of pickup to the site of delivery because they have an average of about an hour and a half to deliver the cement before it hardens. This is why cement truck drivers are more likely to take risks that could put others and themselves in danger. Risk of Rollover The weight distribution of a cement truck almost invites disaster and they have been known to roll over at speeds as low as 5 MPH. Turns must be taken very carefully in order to make sure that the vehicle remains upright and if a driver is in a hurry, he or she may not slow down or make as wide of a turn as is required to transport the cement in a safe manner. Sudden maneuvers at high speeds pose the same risk; making cement trucks a potential hazardon interstates or highways. Mechanical Failures Cement trucks have more equipment on them than normal tractor trailers, which means that there are more opportunities for something to go wrong. There is a history of instability around cement trucks and it is not uncommon for components to break or malfunction both on and off of the road. If you find yourself behind a cement truck, it is a good idea to put space between your vehicle and the truck in order to allow yourself ample time to react if any part of the truck breaks and sends debris onto the road.
  • 30. Poor Maneuverability and Line of Sight The weight distribution of a cement results in a high center of gravity, which is why the trucks are so prone to rollover accidents. It is extremely difficult for the driver of a cement truck to make a quick correction and once he or she makes amove into another lane or starts a turn, he or she is often committed to that action. Many motorists do not realize this fact and believe that cement trucks drivers are able to react as quickly as any other truck driver when this simply isn’t the case. Big trucks have four very large blind spots to begin with, and cement trucks have more blind areas than a semi-tractor trailer does. When approaching a cement truck on the road, it is important to know that the driver may not be able to see you, making it important to pass the truck quickly rather than remaining in the driver’s blind spot for a long time. The practice of passing any truck on the road as quickly as safely possible will prevent many truck accidents on the road.
  • 31. Trucking Accident Injuries So many of the clients I help have either lost loved ones or suffered life changing injuries during their trucking accidents. It comes as no surprise to anyone that the nature of these accidents results in more serious harm to the body despite every advance in safety technology that we’ve seen. Trucks have the ability to completely crush vehicles under their weight, and there is very little that victims can do to reduce the severity of an impact. I’ve provided the following information about common trucking accident injuries to motorists, pedestrians and truck drivers alike so that you can understand the nature of these events and why it is important that victims are able to recover every bit of compensation they need to help with their physical recoveries and any ongoing care that is necessary. Injuries to Motorists Not enough has changed statistically since the late 1980s concerning the number of truck accidents and deaths related to truck injuries. In 1988, there were about 94,000 accidents which resulted in around 130,000 injuries. Data from 2005 shows that while the number of accidents has dropped, the number of truck crashes on the road each year is still high and far too many people are injured as a result. 78,000 incidents were reported in 2005 and 114,000 resulted in injuries of some form.
  • 32. Shattered Bones and Lacerations Accidents involving big trucks are much more devastating than accidents that involve two carsand the injuries are much more severe as a result. Shattered glass and sharp pieces of metal may cause deep lacerations that require immediate medical attention and could pose the risk of infection— which may cause gangrene or create the need to amputate the affected limb. Lacerations may also tear muscle tissue, remove portions of skin or leave unsightly scars that can only be repaired through expensive surgeries. The high impact of the accident may also result in complex fractures or shattered bones that require surgery in order to repair. When bone shatters, it usually requires internal fixation in order to set the pieces of bone back into place to promote healing. Internal fixation is the process of inserting devices such as screws, pins or plates into the bones to hold them into place. In some instances, bone grafting is required to repair bones that have been shattered so badly that healthy bone matter from another area of the body may be required in order to repair the injured area. Motorcyclists Injured by Trucks Because motorcyclists are already afforded so little protection on the road, injuries cyclists sustain when in a collision with a truck are devastating. If the motorcyclist survives, he or she usually sustains broken or shattered bones, lacerations, injuries to the spine and neck or trauma to the brain. These injuries usually require extremely expensive medical care and leave the victim unable to work for a long period of time as he or she recovers. Injuries to the Spine The high impact of a crash with a truck may do severe damage to the spine, causing any number of conditions that range from temporary or partial paralysis to full paralysis of part or all of the body. Injuries to the spine may cost the victim from $40,000 to over $170,000 each year after initial medical costs of as much as $1 million in the first year. A 25 year old who suffers from paraplegia may be required to pay $4.3 million over his or her lifetime for medical care. Pain and Suffering In these types of cases, pain and suffering is a considerable factor due to the fact that the victim usually
  • 33. needs to live with the injuries he or she sustained for a long time, if not for a lifetime. Being forced to live in pain for years or decades qualifies as pain and suffering— which the courts see as a form of damages that can be compensated through a financial judgment. The money awarded to victims for pain and suffering will allow them to live more comfortably with the effects of their injuries.
  • 34. Injuries to Pedestrians All traffic is required to yield to pedestrians on the road and to be aware of their presence even if they cross the street illegally. Any vehicle is capable of severely injuring a pedestrian, but big trucks are extremely dangerous due to drivers’ limited ability to see what is just in front of them and the large size and weight of the truck itself. Truck accidents that involve pedestrians often result in the death of the pedestrian and if a pedestrian survives, his or her injuries may require a lot of time and therapy to recover from. Causes of Accidents Involving Pedestrians Many of the accidents between trucks and pedestrians occur when the truck driver is making a turn. The pedestrian may be crossing the street at the time that the driver turns right and the driver simply fails to notice the pedestrian. The same type of incident may occur when the driver is turning left, but truck drivers have a much better line of sight when they are turning left that when they are making a right turn due to the fact that there is a blind spot on the front right side of the truck that is larger than the same spot on the left. Adverse weather conditions can affect a truck’s ability to stop and some pedestrians are hit by trucks when it is raining or snowing and the truck driver is unable to stop to avoid an accident. Nighttime conditions make it hard for drivers to see people walking near or across the road and accidents may result if the driver does not see the pedestrian crossing the road. In many instances, the driver is going too fast for the conditions to begin with and an accident might have been averted if he or she had slowed down during inclement weather conditions. Severity of Injuries to Pedestrians Trucks are capable of shattering bones and causing deep lacerations to the passengers of vehicles, so it is hard to fathom the amount of damage that a truck can do to the human body when colliding with it directly. Many accidents involving pedestrians who survive occur at lower speeds, such as when a truck turns right at a stop light and hits the pedestrian, but even at low speeds, bones can be broken and shattered and the pedestrian can incur injuries to the back, neck or head. The initial cost for care for some of these injuries is high and if surgery is required, or the injury causes paralysis, the ongoing costs can create a heavy financial burden on the victim.
  • 35.
  • 36. Children Injured in Trucking Accidents Car seats are required as an alternative to seat belts for children in every single state in the United States now due to the fact that seat belts designed for adults can cause children more harm than good. The problem with childrens’ car seats, however, is that many of them are improperly secured and cannot withstand any substantial impact such as the kind that would occur in a truck accident. Because car seats often failin accidents that involve a car and a large truck, injuries to children are often more severe and have a higher mortality rate. Defective Latches and Improperly Secured Car Seats In a study performed in the late 1990s, it was found that over 80% of car seats were improperly installed into vehicles or improperly used by parents. Several parties can be responsible for the problem— from the car manufacturer failing to provide effective mechanisms that support the installation of the seats to the company that produced the seat or the persons securing their children in them. In the event of an accident, defective latches can come undone or the harness itself can come loose, making the car seat ineffective. Five Point Harness System Since 1996, companies have moved toward production of a five point harness system that is designed to distribute the energy of an impact to the strongest parts of the body. When this type of car seat is installed and used properly, it greatly reduces the risk of death or serious injuries to children in the back seat. However, in collisions in which a truck hits a car from behind, the impact may still be substantial enough to inflict injuries to children’s neck, head and spine. The good news is that car seats do reduce the severity of injuries by 60%, but when a large truck is involved, injuries still tend to be severe.
  • 37. If the car seat is front facing, the back side of the car seat can collapse if the rear end of the car crumples under the weight of a large truck. Injuries to small children can affect their development, memory, concentration, ability and behavior for the rest of their lives. The cost of medical care can be a burden on the child’s parents and then on the child for his or her entire life. Determining Fault If your child was injured in a truck crash, an experienced truck injury lawyer will be able to review the case in order to determine if the car seat worked properly and, ifit failed to work as it was designed, whether the car seat’s failure contributed to a more severe injury. The truck driver and the company he or she represents will be held liable for their roles in the accident, but additional compensation can be sought from the manufacturer of the car or car seat if there was in fact a defect in the car seat that contributed to the child’s injuries.
  • 38. Injuries to Truck Drivers Not all truck accidents are the fault of the driver and many truck drivers may be injured in accidents or while performing their everyday duties. Whenever a truck driver is injured on the job, he or she has the same rights as any other individual and may elect someone to represent him or her in court when pursuing damages. Before filing a lawsuit, however, it is important to determine who is at fault for the injuries so that the case can be directed at the proper parties involved. Injuries to the Spine and Back A truck driver’s job is much more demanding than many people give credit for and truckers handle the roads for over ten hours at a time sometimes. This takes a toll on drivers’ spines and musculoskeletal health, which can lead to severe back injuries that put them out of work while they recover. Statistics show that truck drivers take more days off of work each year due to injuries to the back or spine than workers in any other profession. If the driver is injured while he or she is on the job, the company that employs him or her is responsible to provide compensation while the driver is off of work. Some companies are better than others at covering the needs of their injured workers and ifproper compensation is denied, the driver has the right to take the company to court in order to collect what is due. Even if a driver is collecting worker’s compensation, it is wise for him or her to speak with an experienced truck injury lawyer to determine if he or she is being treated fairly. Injuries Resulting from an Accident If a truck driver is injured in an accident, several parties may be deemed liable for the resulting medical bills and time he or she needs to take off of work. If the accident was the result of poorly maintained parts on the truck, the employer may be liable and if a defective piece of equipment caused the accident, the manufacturer may be held accountable as well. A qualified truck accident attorney will be able to evaluate the case to determine which parties are responsible before seeking damages.
  • 39. The Role of Insurance Companies If a truck driver is injured in an accident that he or she was at fault for, his or her medical bills and related costs can be covered by insurance. Truck companies are required by law to ensure that their drivers have mandatory levels of coverage so that drivers are covered if they are found liable for an accident. An injured truck driver should never feel that he or she must be forced to carry the entire burden for an accident just because it was his or her fault.
  • 40. Trucking Accident Fatalities There are roughly 80,000 truck accidents every year in the United States and over 4,500 of them involve one or multiple fatalities. The power of big trucks and their momentum at higher speeds make them capable of exacting great amounts of damage to property, vehicles and any passenger who happens to be traveling in an automobile on the opposing end of the crash. Whenever atruck driver causes an accident that takes the life of another person, both the driver and the trucking company are responsible and may have lawsuits filed against them for damages. Accidents with Multiple Deaths In 2005, there were 4,533 fatal truck crashes reported in the United States and 5,212 deaths resulted from those accidents. Of those deaths, 803 were truck drivers and the others were the drivers or passengers of the other vehicles involved. At high speeds, trucks crush other automobiles and the accidents are devastating enough to claim multiple peoples’ lives due to the powerful impact and the tendency for crushed cars to be inaccessible to emergency workers who must get the accident victims out of the wreck as soon as possible. Truck drivers are at a much lower risk of death in atruck crash than anyone else involved in the accident. The drivers are high off the ground and well protected inside the cab of the truck while vehicle passengers and motorcyclists are closer to the ground. Cars crush easily under the weight of a big truck and motorcycles offer riders almost no protection, putting the truck driver in the safest location during the accident.
  • 41. The Cost of Losing a Loved One Losing a loved one is not only a burden on the heart, but it becomes a financial burden if the person who died has been supporting a family. In wrongful death cases, the financial impact of the loss needs to be taken into consideration and damages must reflect the lost income of the deceased and the impact that loss of income has on the family. The way that the person died is important as well— the court may award additional damages to compensate for the pain and suffering that the person went through before his or her death. Who May File a Lawsuit? Every state has different statutes stating who may file a lawsuit on behalf of a loved one who has passed away. If the deceased was young, the parents may file the suit and if the deceased was married it may be the spouse. If he or she was older, his or her grown children may have the right to take up the case, but in order to determine who should file the lawsuit; the family should speak with a qualified attorney who is familiar with the statutes in the state the accident occurred in as well as where the person resided.
  • 42. How to Handle Insurance Companies Trucking accident cases tend to be much more complicated due to the involvement of multiple people and companies when attempting to determine fault and liability. Regardless of fault, however, it is certain that an insurance company will almost always inevitably cover the payout whenever a policyholder settles or is forced to provide compensation due to a judgment in favor of the victim. Due to the vested interest insurance companies have in their clients, you can be sure that even as you are receiving emergency treatment for your injuries, the trucking company liable for your injuries is contacting its insurance company and legal team. Insurance Companies Have a Head Start It is almost appalling to think that while you are focused on more important things— such as your own survival after sustaining critical injuries— lawyers representing the responsible parties are convening to build a legal defense in the event you press your claim. This is why when I tell potential clients that they need to initiate the process quickly, it isn’t a pressure tactic. I simply need the time to be able to cover lost ground and build a solid case on your behalf. It is also important to be aware of the forms of trickery insurance adjusters may use in an attempt to violate your rights or to coerce you into giving them up voluntarily. Tactics Used by Insurance Companies to Avoid Liability You will never be contacted by an insurance company following an accident because the insurance adjuster is looking out for your best interests. The communications between you and the insurance company’s representative will be recorded and the questions asked will be meant to catch you saying something that could be used against you in court. If you misremember the slightest detail and your story conflicts with a claim you originally made, it can be used to call the validity of your testimony into question. The insurance adjuster may also offer a premature settlement that provides inadequate compensation and make threats when you choose to reject the offer or mention that you are seeking legal representation.
  • 43. While there are things you can do to protect yourself in these situations, the greatest advice that I can give is to only communicate through an attorney. It is your right to do so and insurance companies try to scare people from obtaining legal representation because they know an experienced attorney will see past their trickery. If you do communicate with an insurance company, keep in mind that every word you say can be used as evidence, so keep your answers brief and don’t divulge any critical information. If you are offered a settlement, tell the adjuster that you want to have the details of the offer reviewed by an attorney before you accept. Handling insurance companies is one of the most important facets of working as a personal injury lawyer and my legal team has extensive experience working with insurance companies on a wide variety of legal matters. I would be happy to communicate with any insurance adjusters on your behalf or to prepare you before you accept any calls from an insurance company regarding your accident so that your rights remain protected.
  • 44. Why Trucking Accident Victims Need and Deserve an Experienced Advocate The world is full of sumptuous lawyers who prey on the desire of those who want to cash in. A sue happy mentality has led to greater protections for defendants, and the unfortunate effect of these protections is that it is more difficult to reclaim compensation for those who have legitimate cases. You deserve an advocate who will always be upfront, honest and realistic. These qualities also need to be accompanied by experience specific to your type of case. In order to best increase your chance of recovering the compensation you are entitled to, you need to retain an attorney that specializes in trucking law. I suggest to all of my potential clients that they shop around for an attorney before deciding who will take their case, because it is important that you are connected with a lawyer who represents your ideals, interests and needs; and has the resources needed to help you achieve your goals. I always refer to relevant judgments and settlements earned on behalf of my clients when offering proof of my team’s abilities and expertise. The attorney that you ultimately select needs to be able to offer similar examples so that you are confident in his or her ability to recover compensation on your behalf. In addition, your attorney should possess the following qualities. Î The ability to provide reasonable expectations. I never make promises to clients that I am unable to keep, such as overvaluing a case or overstating the chances of a case’s success. You should be extremely wary of any lawyer that makes outrageous claims which seem far too good to be true. I always seek compensation on behalf of clients that is fair and will allow them to cover their expenses, pain and suffering. The value of every case is dependent on the circumstances of the accident, however, and I will let you know what the assumed value of your case should really be. Î Access to a team that includes relevant experts in medicine, accident reconstruction and social work. Medical specialists are the source of valuable testimony when needing to justify the value of future medical bills, and having access to these experts also makes it easier for you to get the treatment you need and deserve. Social workers can help you throughout your recovery and transition into a different quality of living if your injuries are permanent and quality accident reconstruction experts are instrumental in building your case. When you are interviewing potential
  • 45. attorneys, it is important to understand what resources they have available because winning your case requires more than simple legal expertise— it takes a dedicated and comprehensive team. Î Experience with truck accident cases and proven results. There are some excellent attorneys in the world who are simply unqualified to handle your case. This is just due to the fact that they don’t have relevant experience handling cases like your own. When choosing the person to represent your interests, it is vital that he or she is an expert in trucking accident law or he or she may make critical errors when preparing your case and handling negotiations. Î The ability to guarantee results. Some attorneys will not touch a case unless they are certain of their ability to win the case or negotiate a settlement. Others will accept the case with the knowledge that you have a low chance of success. The way to differentiate these attorneys is to evaluate how they get paid. If they require their fees upfront, they won’t have a vested interest in the outcome and preparing lawsuits is expensive. Lawyers who work on contingency can guarantee their results and offer quality legal services regardless of whether a client can afford to cover the cost of litigation.
  • 46. I would love the opportunity to sit down with you and review your case, and I won’t be insulted if you seek a second or third opinion after speaking to me. I am sure that my legal team’s history of success will speak for itself and am happy to back up my claims with examples of recoveries I’ve made on behalf of clients with cases just like yours. While I invite you to explore your legal options and interview multiple attorneys, I must remind you that time is not on your side. Whether or not you retain my services, it is vital that you obtain an attorney quickly to give him or her ample time to prepare your case. Learn more about our truck accident practice by visiting our FAQ section here.
  • 47. Our Trucking Accident Case Results You can find examples of judgements and settlements I and my team have earned on behalf of clients just like you below. I would like to remind you that every case is valued based on unique circumstances, so I cannot provide an estimate on the value of your own case until I’ve had the opportunity to review and investigate your claim. $616,772 — Four friends were on their way home from dinner when a truck ignored a traffic light and t- boned them. The impact was so significant that rescue workers needed to remove them from their vehicle with the ‘jaws of life’. Two of the passengers were released from the hospital the following day. The other two spent approximately one week in the hospital before receiving outpatient care. $2,750,000 — Over $2.75 million was awarded to the victim in a bicyclist accident involving a truck when it was determined that the truck driver acted negligently. $750,000 — Truck loading dock accident involving a truck driver who was pinned by a forklift operator who was unloading pallets at an electronic warehouse. The driver sustained a crush injury to his leg and received two surgeries for a diagnosed case of compartment syndrome. In addition to the recovery from the company of the forklift operator, the driver also received benefits from his employer’s workers compensation carrier. $3,000,000 — Motor vehicle / trucking accident. A disabled man was crossing a street with his blind cane when a garbage truck making a right turn collided with him in the intersection. The man suffered bilateral femur fractures and de-gloving injuries, which required extensive surgeries and rehabilitation. $720,000 — After getting rear-ended by a semi-truck with a double trailer, our client thought he was ‘ok’ and went to work. After gradually increasing pain, he went to an urgent care center where he was told he ‘sprained’ his back. Three days later, and practically unable to walk, our client visited his primary care physician where he was referred to an orthopedist. An MRI was performed and showed two herniated discs in his lower back. A three level lumbar fusion was performed several weeks later. $1,400,000 — Semi truck accident. Our clients, a mother and daughter, were stopped at a red light when they were rear-ended by a semi-truck delivering food to a nearby restaurant. The driver of the truck had been driving for hours beyond what his company allowed and was in violation of NTSB laws. Both mother and daughter sustained herniated discs in their lower back. The daughter was treated with physical therapy and epidural injections while the mother required an L4/5 fusion.
  • 48. $805,500 — Truck v. bicycle collision. Our client was struck by a truck making a right turn directly into his marked bike lane. The impact with the truck and the pavement resulted in a compound clavicle fracture and rotator cuff damage that required multiple surgeries. Our client, a physical education teacher missed one year of school while he recovered from his injuries but was able to resume teaching following his physical therapy. $480,000 — Collision caused by driver fatigue. It was determined that the truck driver who struck our client had been working for far too long and he and his company were held liable for our client’s injuries. $2,850,000 — Injured trucker. Truck drivers can suffer injuries in accidents too, and our client was injured in an accident while on the job. Worker’s compensation laws require that all employers provide compensation to injured employees and we were able to recover compensation for our client’s medical expenses, lost wages and pain and suffering. If you have been injured in atrucking accident, contact me right away so that I can review your case with no risk or cost to you. In the event you cannot meet with me at one of my offices throughout the Chicago area or are more comfortable meeting elsewhere, I will be happy to travel to meet with you at the location you choose. My trucking accident law team will review your case and discuss your legal rights and options with you so that you know exactly what to expect from us and how the process works. For more information on Rosenfeld Injury Lawyers, you can visit www.rosenfeldinjurylawyers.com. I look forward to serving you.