Illinois Trucking Accident Lawyers

Injury Attorneys for Crashes Involving Semis in the Chicago Area

Semi-trucks and other large commercial vehicles are a common sight on Illinois highways, but the dangers they pose to other motorists cannot be overstated. Due to their size and weight, accidents involving large trucks often result in devastating injuries or fatalities. If you or a loved one has been involved in a trucking accident, the experienced attorneys at John J. Malm & Associates are here to help you seek justice and fair compensation for your losses.

We are dedicated to holding negligent trucking companies and drivers accountable for their actions, using our decades of experience to guide families through complex litigation. Trucking accidents are not just typical car accidents—they involve federal regulations, trucking company policies, and insurance companies with significant resources. Our team is skilled in navigating these challenges to ensure that your rights are protected.

“Trucking accidents can turn lives upside down in an instant. With our firm’s decades of experience, we are committed to fighting for the justice and compensation our clients deserve. We understand the complexities of these cases, and we’re here to stand by your side every step of the way.” – John J. Malm

Common Causes of Trucking Accidents in Illinois

Truck accidents in Illinois can happen for a variety of reasons. While some accidents may be caused by weather or road conditions, many are the result of negligence on the part of truck drivers or trucking companies. According to the Federal Motor Carrier Safety Administration (FMCSA), the majority of fatal truck accidents are caused by driver-related factors, with 87% of accidents involving human error.

1. Driver Fatigue

One of the most common causes of trucking accidents is driver fatigue. Truck drivers are often pushed to their physical limits by long hours behind the wheel, despite federal regulations limiting driving hours. Under FMCSA Hours of Service (HOS) regulations, drivers are required to rest for at least 10 consecutive hours before beginning another shift, and they must not exceed 11 hours of driving within a 14-hour workday. Unfortunately, many drivers exceed these limits, resulting in dangerous fatigue behind the wheel.

2. Distracted Driving

Distracted driving is another leading cause of trucking accidents. The use of mobile devices, onboard navigation systems, and other distractions can significantly impair a truck driver’s ability to react to changing traffic conditions. Illinois law prohibits all drivers from using a handheld mobile device while driving, and commercial drivers are held to even stricter standards under federal regulations. The National Highway Traffic Safety Administration (NHTSA) reports that 3,142 people were killed in the U.S. in 2020 due to distracted driving, many of which involved commercial trucks.

3. Speeding and Reckless Driving

Speeding is a significant factor in many trucking accidents. Due to their massive size and weight, trucks require a longer distance to stop compared to smaller vehicles. When a truck driver is speeding or driving recklessly, their ability to avoid collisions is greatly reduced. According to Illinois Department of Transportation, speeding was a factor in 32% of all fatal crashes involving large trucks in 2021.

4. Improper Truck Maintenance

Trucking companies are responsible for ensuring that their vehicles are regularly inspected and maintained. However, cost-cutting measures often lead to improper or inadequate maintenance, resulting in mechanical failures such as brake failure, tire blowouts, or steering issues. Under FMCSA regulations, trucks must undergo regular inspections, and failure to meet these standards can result in serious accidents.

5. Drunk and Drugged Driving

A truck driver being impaired on drugs or alcohol is another leading cause of semi-truck accidents. Federal law dictates how much alcohol a commercial driver can have and when they can drink alcohol before driving a semi-truck. These federal regulations are stricter than Illinois law, given the severity of injuries that can occur when a commercial driver is drunk.

Federal and State Regulations Governing Trucking

Trucking accidents are particularly complex because they involve both federal and state regulations. These laws are designed to promote safety on the roads, but when trucking companies fail to comply, accidents can occur.

FMCSA Regulations

The Federal Motor Carrier Safety Administration (FMCSA) sets strict guidelines for the trucking industry, including:

• Hours of Service (HOS): Limits on how long a driver can operate a truck without rest. Violations of these rules can result in dangerous fatigue.
• Drug and Alcohol Testing: Truck drivers are required to submit to regular drug and alcohol testing to ensure they are not impaired while operating a vehicle.
• Truck Maintenance and Inspection: Regular inspections of trucks are required to prevent mechanical failures that could lead to accidents.

Illinois State Laws

In addition to federal regulations, Illinois law imposes strict rules on the operation of commercial trucks. These include:

• Weight Limits: Trucks must comply with state weight restrictions, as overweight trucks can cause significant damage to roads and lead to accidents. Violating weight limits can result in fines and legal liability.
• Distracted Driving: Illinois prohibits the use of handheld devices by truck drivers, and violations can lead to significant penalties, including liability for accidents.

Who Is Liable in a Trucking Accident?

Determining liability in a trucking accident is often complex and involves multiple parties. Depending on the circumstances of the accident, the following parties may be held responsible:

1. The Truck Driver: If the truck driver was negligent—whether due to fatigue, distraction, speeding, or intoxication—they can be held liable for damages.
2. The Trucking Company: Trucking companies are responsible for ensuring their drivers follow all federal and state regulations. They may be held liable if they pressure drivers to meet unrealistic deadlines or fail to properly maintain their fleet.
3. The Truck Broker: In some cases, the truck broker, who tells the trucking company where to pickup and drop off loads, may be liable for damages depending on the amount of control they have over the truck driver and the trucking company.
4. Truck Manufacturers: In cases where an accident is caused by a mechanical defect, the manufacturer of the truck or its components may be held liable.
5. Cargo Loaders: Improperly loaded cargo can cause a truck to become unbalanced, increasing the risk of accidents. If a cargo loader fails to properly secure a load, they may share responsibility for the crash.

Injuries Common in Trucking Accidents

Trucking accidents often result in severe, life-altering injuries or death. Common injuries in these types of accidents include:

• Traumatic Brain Injuries (TBIs)
• Spinal Cord Injuries and Paralysis
• Fractures and Broken Bones
• Internal Injuries
• Burn Injuries

Due to the severity of these injuries, victims of trucking accidents often require extensive medical treatment, long-term care, and may suffer permanent disabilities. In the most tragic cases, trucking accidents result in wrongful death.

Damages Recoverable in Trucking Accident Cases

Victims of trucking accidents are entitled to recover various forms of compensation, including:

• Medical Expenses: Costs of hospitalization, surgeries, rehabilitation, and future medical care.
• Lost Wages: Compensation for lost income due to the inability to work after the accident.
• Pain and Suffering: Non-economic damages for the physical and emotional pain caused by the accident.
• Wrongful Death: In cases of fatal accidents, families may be entitled to compensation for funeral expenses, loss of income, and loss of companionship.

Why Truck Accidents Are Different from Other Motor Vehicle Accidents

Truck accidents differ significantly from other motor vehicle accidents due to the size, weight, and legal complexities involved. A fully loaded semi-truck can weigh up to 80,000 pounds, making it much harder to maneuver or stop compared to a standard car, especially at highway speeds. This size discrepancy often leads to catastrophic collisions, which frequently result in serious injuries or fatalities for the occupants of smaller vehicles.

In addition to the physical damage, truck accident cases are governed by strict federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These rules regulate driver qualifications, hours of service, vehicle maintenance, and more. Any violation of these regulations, such as a driver exceeding the allowable hours of service source or a failure to maintain the truck properly source, can be critical evidence in establishing liability.

Truck accidents also tend to involve multiple parties beyond just the drivers. Liability may extend to the trucking company, the vehicle manufacturer, or even a third-party maintenance provider source. This makes truck accident cases much more complex than typical car accidents, requiring specialized legal strategies and knowledge.

How We Investigate Truck Accidents

At John J. Malm & Associates, we conduct detailed and thorough investigations into truck accidents to ensure our clients receive the justice they deserve. Truck accidents are inherently complex, often involving multiple parties and regulatory oversight, so a careful and comprehensive investigation is key.

Our investigation begins by collecting essential evidence at the scene, such as police reports, witness statements, and photographs source. We also preserve physical evidence like tire marks, vehicle damage, and debris patterns to help reconstruct the accident’s events.

Working with accident reconstruction experts, we analyze contributing factors such as speed, driver fatigue, and improper vehicle maintenance. Additionally, we gather electronic data from the truck, such as black box and GPS data, which provide crucial insights into the driver’s actions and whether they complied with federal regulations on rest periods and service hours source.

We also scrutinize the trucking company’s records, including driver logs and maintenance reports, to determine if they violated any FMCSA safety standards. By investigating hiring, training, and supervision practices, we ensure that all potentially negligent parties are held accountable, and our clients receive the full compensation they are entitled to for their medical expenses, pain, and suffering source.

Our Firm’s Recent Trucking Accident Settlements

At John J. Malm & Associates, we have a proven track record of securing substantial compensation for victims of devastating trucking accidents. Our experience, dedication, and relentless pursuit of justice have resulted in significant settlements that provide families with the financial support needed to move forward after tragedy. Below are some of our recent successes in representing clients involved in catastrophic truck accidents:

• $1.5 Million Truck Accident Settlement: We secured $1.5 million for the family of a child tragically killed when a propane truck failed to stop at an intersection on a rural highway in Will County, Illinois, colliding with their vehicle. Our firm held both the negligent driver and the trucking company accountable, ensuring the family received justice and compensation during their time of unimaginable loss.
• $1.6 Million Trucking Accident Settlement: Our team fought for the family of a young man who lost his life when a utility truck lost control, crossed a median, and caused a fatal collision on a divided highway. We secured a $1.6 million settlement, providing the family with needed financial relief in the wake of their profound grief.
• $718,000 Trucking Accident Settlement: After a semi-truck rear-ended multiple vehicles on I-88 in Naperville, Illinois, causing significant injuries, we recovered $718,000 for two of the victims. An investigation revealed that the driver was using his phone and was distracted as he approached stopped traffic in a construction zone. Our efforts ensured that the trucking company was held responsible for their driver’s reckless conduct, securing compensation for the victims’ medical expenses, lost wages, and suffering.
• $1,000,000 Shared Truck Accident Case Settlement: Our client sustained serious injuries when a dual axel pickup truck and trailer were operated at an excessive speed and lost control, crossing over the median and into oncoming traffic on I-80 in Grundy County, Illinois. In a complex case involving multiple vehicles, injured parties, and a fatality, we helped our client secure a pro-rata share of a $1,000,000 settlement recovery. This compensation helped with our client’s medical expenses, pain and suffering, and other damages resulting from the accident.
• $900,000 Truck Accident Settlement: We represented the family of a semi-truck driver who was tragically killed in a multi-vehicle accident caused by two vehicles that suddenly and carelessly merged onto a highway. The abrupt maneuver forced the semi-truck to swerve and roll over, resulting in the driver’s death. Our firm secured a $900,000 settlement for the family, providing financial support necessary to help them cope with the loss.

Contact the Illinois Trucking Accident Attorneys at John J. Malm & Associates

If you or a loved one has been injured in a trucking accident, you need experienced legal representation to navigate the complexities of your case. At John J. Malm & Associates, our team of Naperville trucking crash attorneys brings decades of experience in fighting for the rights of trucking accident victims. We understand the challenges you are facing, and we are committed to holding negligent truck drivers, trucking companies, and other responsible parties accountable. Contact our office today for a free consultation to discuss your case and learn more about your legal options.