Improper Loading and Maintenance Lead to Illinois Truck Accidents

 Posted on September 25, 2020 in Car Accident

Commercial semi-trucks account for over 100 fatal crashes and 2,000 crashes causing injury in Illinois each year, and the majority of the victims are the occupants of other vehicles. Many of these accidents are caused by an error on the part of the driver, perhaps related to driver fatigue, speeding, or drunk driving. However, a substantial number are also caused by improper loading or maintenance before the truck even takes to the road. If you are injured in one of these accidents, it is important that you understand all possible options for compensation.

Trucking Industry Regulations for Maintenance and Loading

The Federal Motor Carrier Safety Administration (FMCSA) issues regulations for interstate truck drivers and trucking companies throughout the United States to ensure safe vehicle operation. Regarding maintenance, the FMCSA requires regular inspections of trucks and trucking equipment to identify any necessary repairs, as well as detailed record-keeping of repairs and maintenance. Any truck determined to be unsafe for the road must not be driven until it has been adequately repaired.

Regarding cargo loading, trucking companies must ensure a safe weight distribution throughout the truck, as well as the proper securement of any cargo that may shift in transit. The securement devices used must be sufficient to withstand the regular forces of acceleration and deceleration, and specific devices must be used for certain types of cargo that can roll.

What To Do After an Illinois Truck Accident

If you have been injured in an accident with a semi-truck, you should seek medical attention and hire an attorney to help you start collecting evidence of the other party’s negligence. It is often not immediately clear that an accident was caused by improper loading or maintenance, so focusing on the truck driver is a good starting point. Photos and videos of the accident scene can help to document the immediate circumstances leading to the accident, as can testimony from eyewitnesses.

With the help of an attorney, you can then work to uncover additional evidence from trucking company records that may indicate violations of FMCSA regulations. Depending on what you find, the trucking company, maintenance crew, and loading crew may also bear partial responsibility. Naming all potentially negligent parties in your lawsuit can often lead to higher compensation totals to cover the extent of your damages.

Contact a Rolling Meadows Truck Accident Attorney

When you have been injured in a truck accident, you need a lawyer who can both thoroughly investigate the case to identify all liable parties and stand up to them in settlement negotiations or a trial. The attorneys at Newland & Newland LLP are here to help you get the compensation you need in order to recover from your injuries as much as possible. Contact a Palatine personal injury lawyer today at 847-797-8000 for a free consultation.

Sources:

http://www.idot.illinois.gov/Assets/uploads/files/Transportation-System/Resources/Safety/Crash-Reports/crash-facts/2018%20Crash%20Facts.pdf 

https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules

https://www.fmcsa.dot.gov/regulations/title49/part/396