Rockford Truck Accident Attorney

Rockford Truck Accident Attorney

In only a moment, one tortfeasor (negligent driver) can permanently alter many lives. These vehicle collision victims have immediate concerns, such as medical care and alternative transportation. Serious injuries usually have long-term physical and emotional effects, as well. All this time, the insurance company calls constantly seeking a settlement. The added stress makes it even more difficult to fully recover from serious injury.

Clark Frost Zucchi is more than aggressive and experienced attorneys. They also guide you with compassion and understand your pain and suffering. Even better, Clark Frost Zucchi has a plan to help you get better. As the entire legal team works together to execute this plan, the lines of communication between attorney and client are always open. So, you are never in the dark.

Establishing Liability in Illinois Truck Wrecks

Much like criminal records in criminal cases, driving records are inadmissible in civil cases to show that a person was a “bad driver.” However, they may be admissible to show that a driver was negligent on a particular occasion.

When it comes to large truck operators, obtaining driving records is sometimes a problem. Even if the wreck occurred in Illinois, the tortfeasor (negligent driver) often has licenses in several different states. It is difficult to cull through all these records and present their contents in a compelling way. Furthermore, some truck drivers are not entirely forthcoming about their license status in different states.

Fortunately, government bureaucrats now do much of this legwork. The Federal Motor Carrier Safety Administration recently began using Behavior Analysis & Safety Improvement Categories to measure driver safety. To compile the BASIC score, the FMCSA looks at data from across state lines, including:

• Crash history,
• Unsafe driving incidents,
• HOS (hours of service) noncompliance,
• Vehicle maintenance records,
• Alcohol/substance use,
• Driver medical fitness, and
• Hazardous substance transportation requirements.

The FMCSA synthesizes this information as well. Typically, this synthesis is a score between 1 and 100. Therefore, it is very easy for Cook County jurors to understand the issues involved.

Third Party Liability in Rockford Truck Crashes

Many Illinois large truck crashes cause catastrophic injuries, such as wrongful death. Third party liability gives victims additional sources of recovery, so they may obtain fair compensation for their injuries.

Respondeat superior (“let the master answer”) is one of the most common vicarious liability theories in Illinois. Employers are responsible for the negligent acts of their employees if:

• Employee: The tortfeasor must be an employee. That word is very broadly defined as anyone who performs any service for the employer. So, in this context, an “employee” could be a regular employee, owner-operator, independent contractor, or even an unpaid volunteer.
• Course of Employment: Similarly, any action which benefits the employer in any way is within the scope of employment. Such actions could include driving an empty truck back to the warehouse.

Other employer liability theories in Rockford include negligent entrustment, negligent hiring, and negligent supervision.

In Illinois truck accidents, the recoverable damages typically encompass restitution for both financial losses, such as medical costs, and non-financial losses, like the emotional toll. When several parties share responsibility, judges typically distribute the compensation based on their percentage of fault.

Contact an Aggressive Rockford Attorney

Large trucks often cause serious injuries. For a free consultation with an experienced personal injury attorney in Rockford, contact Clark Frost Zucchi. Home and hospital visits are available.