Garbage trucks classify as large trucks, which can cause severe injuries when involved in collisions with passenger vehicles. Due to the sheer size of a garbage truck, injuries in these types of accidents may be life-threatening for victims, especially the victim of the passenger vehicle.
The Federal Motor Carrier Safety Administration (FMCSA) sets strict laws and regulations for any commercial vehicle operator, which typically includes garbage truck drivers. Aside from these specific commercial industry regulations, truck drivers also have the same responsibilities as all other motorists to provide other drivers on the road with a duty of care.
Some insurance policies may not fairly cover a victim’s losses, especially in the case of severe injury. Fortunately, victims in these cases may have other legal options available to them, such as personal injury lawsuits.
Pintas & Mullins Law Firm advocates for victims of car accidents, including those involving large trucks, such as garbage trucks. Call our Aurora garbage truck accident lawyers at (800) 794-0444 to discuss the circumstances of your case during a free case evaluation. We may be able to help you file a claim with the truck driver’s insurance company—or even file a personal injury lawsuit if necessary. Call to find out what legal options you may have after an accident with a garbage truck.
No-Fault State Laws
Illinois is a state that allows each driver to pursue compensation based on the percentage of liability in the accident. These state laws can make it harder for victims of car accidents to pursue fair compensation, but if they suffered severe injuries that meet certain criteria, an Aurora garbage truck accident lawyer may be able to sue the responsible party on your behalf for personal injury.
Truck drivers may commit several different actions or behaviors that directly violate the FMCSA regulations surrounding their industry. On top of applying for a commercial motor vehicle license—also known as a commercial driver’s license, or CDL—they must possess proper training and certification to operate the large size of the trucks that they drive. They must also follow strict guidelines that dictate how they behave on the road and in their line of work in general.
Hours of Service and Driver Fatigue
Garbage truck drivers may have long routes to complete during any given pay period, which can result in them pushing themselves beyond their limits for rest and sleep. If a truck driver does not obtain a regular amount of rest and sleep on a daily basis, the fatigue resulting from the lack of rest can impair a truck driver’s reaction time or judgment on the road. The FMCSA sets regulations for how long a truck driver can stay on the road and how long they have to rest before shifts, according to the Hours of Service section under the Code of Federal Regulations.
Along with requirements that ensure truck drivers receive enough rest between shifts, commercial vehicle motorists must also follow guidelines to make sure their trucks remain safe to operate on the road. The FMCSA requires inspections, maintenance, and repairs in its guidelines for commercial motor vehicle license carriers. If a repair company failed to properly perform its job on a truck under its care, the repair company may also bear liability for the injuries you sustain in an accident involving that truck.
Other General Driving Requirements
Aside from observing the hours of services, other general safety requirements also extend to driver fatigue, intoxication, and distracted driving, for example. These general guidelines resemble the same restrictions placed on passenger car motorists because all drivers have to follow protocols to keep themselves and other drivers safe. If truck drivers have a history of drinking and driving or distracted driving, that may help provide evidence to prove their liability in your accident.
For a free legal consultation with a Garbage Truck Accidents Lawyer serving Aurora, call (800) 794-0444
Illinois Statute of Limitations
According to Illinois law, you have two years from the date of your accident to file a personal injury claim with the court. Keep in mind that negotiations with insurance companies may take longer than you initially expect. Usually, lawyers attempt to settle with insurance companies before pursuing a personal injury lawsuit, but if negotiations do not yield a favorable result, they may file a personal injury lawsuit.
Do not let your opportunity to take legal action against a negligent truck driver expire. The sooner you act, the sooner your Aurora garbage truck accident lawyer may help you make a claim with an insurance company or file a personal injury lawsuit.
Aurora Garbage Truck Accidents Lawyer Near Me (800) 794-0444
Potential Compensation After a Truck Accident
After an accident with a truck, your potential compensation may include awards for both economic and non-economic losses. Potential compensation from personal injury lawsuits or claims may extend to:
- Any medical expenses you incur from your injuries, including treatments, medicines, and rehabilitative therapy.
- Transportation to and from the hospital, as well as the cost of the emergency room visit.
- Pain and suffering.
- Lost wages from being out of work following your injuries.
In the tragic event of a death, you may also qualify to collect compensation from a wrongful death claim. Compensation from these types of claims or lawsuits may extend to costs of funeral expenses and loss of consortium, for example.
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You Can Call Pintas & Mullins Law Firm for Help
You have a right to legal representation when filing a claim with an insurance company or a lawsuit with the court. Pintas & Mullins Law Firm can advocate for truck accident victims and wants to hear about your case to see if we may help you. For your free consultation, call our team at (800) 794-0444.