What Are The Steps To Settle A Truck Accident Case?

Experienced Illinois Truck Accident Attorneys Explain How Victims Achieve Justice After a Truck Crash

Semi-truck accidents are among the most devastating and complex types of motor vehicle collisions. Due to the sheer size and weight of commercial trucks, these crashes often result in severe injuries, significant property damage, and even fatalities. According to the Federal Motor Carrier Safety Administration (FMCSA), there were over 500,000 truck-related accidents in the U.S. in a recent year, with 4,842 fatalities and 107,000 injuries.

In this blog, we’ll walk through a typical semi-truck accident case, using a fictional example to illustrate the steps involved—from the moment of the accident to investigation, settlement negotiations, or trial.

The Incident: A Fictional Case

Tom, a 38-year-old software engineer, is driving home from work on Interstate 88 near Naperville. While traveling in the right lane, a semi-truck attempts to merge but fails to check its blind spot. The truck sideswipes Tom’s car, forcing it into the median barrier. The impact causes Tom’s vehicle to spin out and come to a stop in the middle of the highway.

Emergency responders arrive, and Tom is rushed to the hospital with multiple injuries, including a fractured arm, a concussion, and significant back pain. His car is totaled.

Step 1: Reporting the Accident

The police arrive at the scene and file a detailed accident report, which includes:

• Statements from Tom, the truck driver, and witnesses.
• Photos of the vehicles and skid marks on the highway.
• Observations that the truck driver’s mirrors were improperly adjusted, contributing to the blind spot.

The police cite the truck driver for unsafe lane change, providing a strong foundation for Tom’s claim.

Step 2: Seeking Immediate Medical Treatment

Tom’s immediate priority is his health. At the hospital, doctors:

• Stabilize his fractured arm and place it in a cast.
• Conduct imaging scans to check for internal injuries and spinal damage.
• Monitor him for symptoms of a traumatic brain injury (TBI) due to the concussion.

Tom’s medical records become critical evidence in his claim, as they document the severity of his injuries and the treatment he received.

Step 3: Consulting an Illinois Trucking Accident Attorney

Tom consults an experienced Naperville truck accident attorney to understand his legal options. During the consultation, the attorney:

• Reviews Tom’s medical records, the police report, and witness statements.
• Explains the complexities of semi-truck accident cases, including the involvement of multiple parties such as the trucking company and their insurers.
• Advises Tom on pursuing compensation for his medical bills, lost wages, and pain and suffering.

Tom hires the attorney, confident that they will fight for his rights and guide him through the process.

Step 4: Investigating the Case

Semi-truck accidents require a detailed investigation due to the involvement of commercial drivers, large companies, and federal regulations. Tom’s attorney conducts a comprehensive investigation, including:

• Obtaining the Truck’s Black Box Data: Analyzing speed, braking patterns, and other data from the truck’s electronic logging device (ELD).
• Reviewing Driver Logs: Ensuring the truck driver complied with FMCSA regulations on hours of service and rest breaks.
• Inspecting the Truck: Checking for maintenance issues, such as improperly adjusted mirrors or defective brakes.
• Interviewing Witnesses: Gathering statements from other drivers who saw the crash.
• Collaborating with Experts: Working with accident reconstruction specialists to recreate the collision and determine fault.

The investigation reveals that the truck driver had exceeded the legal hours of service and was fatigued at the time of the accident, further strengthening Tom’s case.

Step 5: Filing a Claim with the Trucking Company’s Insurance Company

Tom’s attorney files a claim with the trucking company’s insurance company, seeking compensation for:

• Medical Expenses: Covering emergency care, surgeries, physical therapy, and ongoing treatments.
• Lost Wages: Accounting for the time Tom missed from work during his recovery.
• Pain and Suffering: Reflecting the physical pain and emotional trauma caused by the crash.

The trucking company’s insurance carrier assigns an adjuster to the case. However, as is common in semi-truck cases, they initially offer a low settlement, arguing that Tom’s injuries were exaggerated.

Step 6: Negotiating a Settlement

Tom’s attorney pushes back against the insurance company’s tactics, presenting compelling evidence, including:

• The truck’s black box data showing the driver’s unsafe speed and braking patterns.
• Maintenance records proving the trucking company failed to properly service the vehicle.
• Medical records and expert testimony detailing Tom’s injuries and long-term impact on his life.

After weeks of negotiations, the trucking company’s insurer agrees to settle for $850,000, covering Tom’s economic and non-economic damages. Most semi-truck accident cases resolve at this stage, avoiding the need for trial.

Step 7: Preparing for Trial (If Necessary)

If the insurance company refuses to offer a fair settlement, Tom’s case may proceed to litigation. In that scenario:

• Tom’s attorney would file a lawsuit against the trucking company and the driver.
• Both sides would exchange evidence during discovery, including depositions of the truck driver, the trucking company’s safety officer, and other key witnesses.
• Experts in trucking safety and accident reconstruction would testify to establish fault and damages.

At trial, the attorney would argue that the trucking company’s negligence in enforcing safety standards directly caused Tom’s injuries.

Step 8: Resolution

Most truck accident claims settle out of court, as in Tom’s case. However, if the case goes to trial, a judge or jury determines liability and awards damages. If Tom’s case had gone to trial, his attorney’s preparation and evidence would likely have resulted in a substantial verdict.

Key Legal Concepts in Semi-Truck Accident Cases

Vicarious Liability

Under Illinois law, trucking companies can be held vicariously liable for their drivers’ negligence if the driver was acting within the scope of their employment. In Tom’s case, the trucking company is responsible for the driver’s unsafe lane change.

Federal Regulations

Truck drivers and companies are subject to FMCSA regulations, which govern:

• Hours of service.
• Vehicle maintenance and inspections.
• Driver training and qualifications.

Violations of these regulations can establish negligence and strengthen a victim’s claim.

The Role of Insurance in Semi-Truck Accident Cases

Insurance plays a significant role in truck accident cases due to the high stakes involved. Most trucking companies carry substantial liability coverage, often exceeding $1 million. However:

• Multiple Policies May Apply: Policies may cover the truck driver, the trucking company, or third-party maintenance contractors. Additionally, some trucking companies self-insure up to a certain amount, before additional insurance coverage applies.
• Defending the Company: Insurers often mount aggressive defenses to minimize payouts.

An experienced Illinois semi-truck injury attorney can navigate these complexities to ensure fair compensation for victims.

Why Accountability Matters

Semi-truck accidents often result in catastrophic injuries or fatalities, and holding negligent drivers and trucking companies accountable is critical for justice and public safety.

“Commercial trucking companies must prioritize safety on our roads. When negligence causes harm, victims deserve justice—not just for their recovery, but to ensure safer practices for everyone.” – John J. Malm, Naperville truck crash lawyer

How John J. Malm & Associates Can Help with your Illinois Truck Accident Case

At John J. Malm & Associates, we understand the devastating impact semi-truck accidents can have on victims and their families. With offices in Naperville and St. Charles, our award-winning team of Illinois semi-truck accident lawyers has recovered millions for personal injury clients across Illinois. With over 90 years of combined litigation experience, we are dedicated to holding trucking companies accountable and helping victims secure the compensation they deserve.

Why Choose Us?

• Proven Results: Millions recovered for personal injury and truck accident clients.
• Experienced Team: Decades of experience handling complex truck accident cases.
• Personalized Attention: Tailored strategies and one-on-one support for every client.
• No Fees Unless We Win: You don’t pay unless we recover compensation for you.

Contact us to schedule your free consultation. Let us help you navigate the legal process and secure the justice and compensation you deserve. Your recovery starts here.