Trucking Accident Lawsuit FAQ's: Damages, When to Get Lawyers, & More

Trucking accidents, unfortunately, happen almost every day and can cause serious damage. They are complex legal situations, especially when dealing with damages. Luckily, we at Ginzkey & Molchin, LLC are here to help. 

Read on to learn more about when to get a personal injury lawyer, types of damages, and ways to recover those damages. All this information is key to working through the aftermath of a trucking accident. 

We’re here to offer assistance and advice for whatever you may need, just give us a call at (309) 821-9707

Truck drivers in the State of Illinois have a very demanding job. Many spend countless hours going back and forth between destinations only to turn around the next day and do it again. Driving a commercial truck is no easy task which is why truckers are required to undergo the extensive training that they do. While most truckers are qualified to operate a commercial truck, there are times when accidents happen.

Sometimes, it is a trucker’s negligence that serves as a factor in the crash while other times, they may occur as a result of a driver being inexperienced.

If you or a loved one were involved in a trucking accident and suffered serious or catastrophic injuries, the Bloomington, IL truck accident lawyers at Ginzkey & Molchin, LLC are here to help you and your family get through this difficult time. While you spend your time recovering from the injuries you suffered, our dedicated and dependable lawyers will be working diligently to help you recover the compensation you deserve for the various damages you suffered.

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Damages is a legal term that is used to describe the money a victim receives from a liable party that serves as a form of relief for their losses. Some of the damages that are most often awarded in truck accident cases include:

  • Pain and suffering. Depending on the type of injury you suffered, you might be experiencing chronic pain, mental anguish, or another mental health condition that has impacted your ability to live your life to the fullest. Because a truck driver’s behavior or actions were what caused this pain and suffering to arise, you can seek compensation for it.
  • Medical bills. If you suffered a catastrophic injury such as a traumatic brain injury (TBI) or spinal cord injury, chances are, you don’t have enough insurance coverage that will pay for the medical expenses you have accrued as a result of the truck accident. Because medical care can be expensive and you may need additional care in the future, the law permits victims like yourself to pursue the negligent party for compensation that will help pay for some or all of the medical bills that are associated with your injury.
  • Lost wages. Many truck accident victims find themselves out of work and unable to return due to the injuries they suffered in a collision. Because most cannot afford to carry on without a steady income coming in, you are given the option of requesting that the liable party who hit you pay you what you would have earned had you been able to work. 

 It typically starts with a victim identifying who the liable party is. Now, because truck accident cases are unique as there are usually several parties involved, it is always best that you hire a commercial truck accident lawyer in Bloomington, IL who can determine this for you. Some of the factors that are used to determine liability include:

  • Whether the truck driver was engaging in negligent or reckless behavior at the time of the accident. This might include speeding, texting while driving, following too closely, improper lane change, etc.
  • If the accident occurred as a result of a vehicle malfunction. This can be due to a lack of maintenance or a defective part.
  • If the load being transported was heavier than what state and federal regulations allow.
  • If the truck driver was in violation of one or more state or federal regulations.

For example, if the trucker crashed into your vehicle after he/she fell asleep at the wheel, our Bloomington, IL commercial truck accident attorneys will determine if they were in violation of the hours-of-service rules they are required to abide by. In the event they were, we would need to find out if the trucker’s employer coerced them into driving for a period that violated FMCSA’s regulations or if it was the driver who decided on his her/her own to continue driving. This, in turn, would also help us in determining who you could pursue damages.

The fact is, there are state and federal safety regulations that require drivers of commercial trucks to meet certain minimum standards when operating on Illinois roadways. When a truck driver, trucking company, or any other party fails to follow these state and federal safety regulations, they can be held accountable for compensating a victim and their family for the losses they have caused them to incur. Although money can’t mend a permanent disability or repair the damage that has already been done, it can make getting over this hurdle easier to do.

When a victim is awarded the damages they are actually entitled to, they can use that money to pay for things like medical care, medical equipment, therapy, living expenses, transportation costs if you now need to depend on others to get you where you need to go, and more. Life can be extremely tough after a commercial truck accident but struggling to afford the medical care you need or your day to day expenses only makes it harder on you and your loved ones.

Contact Ginzkey & Molchin, LLC

Therefore, if you would like to find out what your case might be worth and what you need to do to recover this amount, contact the Ginzkey & Molchin, LLC, a Bloomington, IL truck accident law firm. If you were involved in a truck accident in Pekin, Champaign, Lincoln, Peoria or another city in Illinois, our firm can also assist with your case as well. If you would like to request a free consultation with one of our experienced truck accident lawyers in Bloomington, contact us at 309-821-9707. 

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