Truck Rollover Accidents

Tractor-Trailer Crash Lawyers Based in the Schaumburg and Wheaton Areas

If you or someone close to you has been injured in a truck rollover accident, you need to reach out to a skilled Wheaton or Schaumburg truck accident attorney who can help pursue a claim on your behalf. At Therman Law Offices, our team understands how to navigate complex truck crash cases. We will examine the facts of your case and help you pursue the compensation that you need to deal with your injuries and losses. We will try to settle your case appropriately within a reasonable time frame so that you can move on with your life. In the event that a settlement cannot be reached, however, we are ready to vigorously advocate for you in the courtroom.

Taking Legal Action After a Truck Rollover Accident

A truck rollover accident takes place when a commercial vehicle turns on its side or roof. While rollover accidents could take place in any vehicle, they are more likely to occur in vehicles with a higher center of gravity, such as trucks or SUVs. Unfortunately, rollover accidents are quite common. According to the National Highway Traffic Safety Administration (NHTSA), about 11,000 deadly rollover accidents take place each year in the United States. In fact, rollover accidents account for more than half of all single-vehicle auto accident deaths. Thus, rollovers can significantly increase the risk of death or long-term injury.

Driver negligence is the most common cause of truck rollover accidents. The following conduct can form the basis of a negligence claim:

• Excessive speeding;
• Driving under the influence of alcohol or drugs;
• Tailgating;
• Unsafe lane changes;
• Failure to maintain the truck;
• Distracted driving;
• Inexperience; or
• Drowsy driving.

If you have been injured by a truck driver’s negligence, an injury attorney will likely be able to help you obtain compensation for your harm. Under Illinois law, negligence takes place when a truck driver causes a rollover accident that results in injuries, death, or property damage by failing to use the level of care that a reasonably prudent truck driver would have used in the same situation. In other words, the law asks: was the truck driver’s failure to use reasonable care a direct and proximate cause of your injuries and losses? If the answer is yes, the truck driver will be deemed negligent.

You should be aware that Illinois adheres to the doctrine of modified comparative negligence, in which fault is relatively apportioned among all parties to an accident. As a result, if the truck driver ran a stop sign, but you were excessively speeding at the time of the accident, you probably would be considered partially at fault for the accident. The jury would decide which degree of fault should be assigned to each party, depending on the specifics of the case. For instance, the truck driver may be deemed 80 percent at fault, while you are deemed 20 percent at fault. If that happens, your total damages award would be reduced by 20 percent (i.e., if your total award was $100,000, you would go home with $80,000). There is one exception to this rule. If a plaintiff’s fault is deemed to be 50 percent or more, he or she will be barred from recovering any damages at all.

Each truck accident case is unique, and the damages in a case will depend on the losses suffered in that particular accident. Typically, however, a truck accident victim will be able to recover medical expenses, rehabilitation costs, pain and suffering, property damage, lost wages and benefits, disability, and any other losses incurred due to the accident.