Truck collisions are significantly more dangerous than typical car crashes. Due to the size and force generated by trucks at high speeds, they are more likely to result in serious injuries and fatalities.
When you or a loved one has suffered injuries from a distracted driving truck accident in Orland Park, you should speak to a seasoned and highly experienced tractor-trailer collision attorney as soon as possible.
Trucks are Inherently Dangerous
Trucks have certain features that can increase the risk of a distracted driving accident in Orland Park. Many truck wrecks also involve commercial trucks, potentially exposing a truck driver’s employer to liability. Some examples of commercial trucks include the following:
- Tractor trailers or eighteen-wheelers
- Package delivery trucks
- Heavy haulers
- Tow trucks
- Garbage trucks
- Construction vehicles, like cement-mixing trucks
- Tanker trucks
- Service repair trucks
A dedicated personal injury attorney could review a truck wreck case and help determine the cause of the incident.
Distracted Driving Can Prove Negligence
In addition to the inherent dangers of trucks, driver errors can also increase the risk of an accident. One of the most common driver errors that can lead to truck wrecks in Orland Park is distracted driving.
Many truck drivers spend long hours on the road, which can lead to careless behavior. Several actions can fall under the label of distracted driving, such as:
- Using a cell phone or electronic device
- Using the GPS
- Adjusting climate controls or the car stereo
- Personal grooming, such as applying makeup or combing hair
- Eating or drinking
- Reaching for an object inside the vehicle
The first element of a negligence claim is proving that the at-fault party breached a duty of care. Next, a plaintiff must show that this breach was the actual cause of their injuries. They must also have suffered damages due to this breach of care.
Drivers have a general duty to use reasonable precautions and obey state traffic laws. Evidence that a driver was distracted can help prove a breach of care in a personal injury lawsuit for negligence.
The necessary evidence to prove a truck driver was distracted will depend on the facts of the situation. Police reports, witness statements, and video footage may be available to prove that a driver was distracted.
Courts Might Limit Damages if the Plaintiff Was Also Negligent
Many car accidents result from negligence by multiple drivers. It is important to note that a person’s ability to recover damages is limited if their own negligence contributed to the incident.
The state follows the doctrine of pure comparative negligence, according to 735 Ill. Comp. Stat. § 5/2-1116. If multiple parties are potentially guilty of negligence, the court will make a ruling and assign a percentage of fault.
The plaintiff is barred from recovering damages if they contributed 50 percent or more of the negligence that led to the accident. However, if they are below this threshold, the court will reduce their compensation according to their percentage of fault. For example, a plaintiff found 30 percent at fault can only recover up to 70 percent of the damages sought.
Call an Orland Park Attorney About a Distracted Driving Truck Accident Case
You should not hesitate to contact a lawyer if you were involved in distracted driving truck accidents in Orland Park. The statute of limitations for personal injury claims is generally two years from the date of the accident.
Failure to file a claim before this deadline can result in the court dismissing your lawsuit. An attorney could help you comply with court procedural rules when pursuing compensation. Get in touch today to learn more.