Chicago Injury Lawyer Blog

Just this morning as I was reading the news online, I came across an article on a fatal Chicago truck crash. On Monday a fatal truck accident killed a 10-year-old Island Lake boy. His twin brother also sustained serious injuries. The 10 year old victim was Griffin Shirey. He was killed when the Lincoln driven by his father, was hit by a flatbed truck. The fatal car crash occurred at the intersection of Route 12 and Old McHenry Road in Wauconda. According to police, the driver of the Lincoln, was making a left turn onto Old McHenry Road when the truck t-boned the Lincoln. Two other vehicles were also struck by the truck.

According to police, there is no evidence distracted driving. Several witnesses did report that the truck was traveling at a high rate of speed. They also reported that he failed to stop at a red traffic signal. Currently, no charges have filed against any of the drivers involved Monday's fatal car crash. The accident scene still remains under the Sheriff's investigation. The truck driver was taken in for questioning and released. All drivers involved in the fatal auto accident submitted to a DUI test. The truck driver also provided a urine sample.

It was reported that the flatbed truck was carrying a load of roofing shingles. The question that comes to my mind, was the truck over loaded? An oververloaded truck can be a danger on any road. When a truck is overloaded, it is carrying additional weigh causing it to have greater momentum. When trucks have increased momentum and are traveling at high rates of speed it can cause problems with reaction timing. Ordinary driving maneuvers can be made more complex. Such maneuvers can be to stop suddenly or swerving to avoid a road hazard. Additional problems associated with overloading can be brake failure or difficulty and inability to steer. Inability to react in a split second can lead to a catastrophic crash.

Current truck laws dictate the maximum weight a commercial truck can carry. As you drive on the highway, one can see the Weigh stations. It is at these stations that vehicles are weighed and inspected. Typically at a Weigh stations, several inspections can occur. The commercial trucks are weighed. Cargo is inspected for illegal or falsely reported cargo. The HOS book is checked for compliance with Hours of Service laws. Even with these Weigh Stations in place, if a violation is found, the truck driver is usually issued a ticket. The truck driver is then permitted to return to the highway, carrying a dangerous weighted load. In some circumstances the driver may be detained, and an overweight vehicle permit will be issued.

The weight limit on a commercial truck is 80,000 pounds. That is 20,000 pounds per axle or 34,000 pounds per tandem axle. According to the Federal Motor Carrier Safety Administration (FMCSA) ) rules and regulations individual states are allowed to set weight limits for commercial trucks. States are also responsible for enforcing those weight limits.

In my experience as an Illinois truck accident lawyer, ineffective enforcement of these weight provisions has led to conditions that contributed to the number of truck accidents on our roadways.

Listed below are some reasons why an overloaded truck can be involved in an accident.
• Burst tires
• Traveling too slow can be a hazard to approaching vehicles especially in blind spots
• Traveling too fast
• Brake Failure
• Inability to stop
• Roll over
• Steering difficulties

As a Chicago truck accident lawyer, I realize that there may be multiple parties who share responsibility for an accident. In most instances the truck driver is responsible, but other parties can include:

• Commercial Trucking companies
• Commercial Truck loading companies
• Government Agencies

Overweight trucks on highways and roadways pose a serious danger to other drivers. Our safety depends upon the states enforcement of the existing truck weight laws. If trucking companies, truck loading companies, truck drivers continue to allow these trucks on the road, we are all in danger.

Welcome to winter Chicago. I woke Friday morning to my backyard covered in snow. It looked like a Norman Rockwell painting. The trees and streets were all lined with a brilliant white coating of snow. Even the most experienced driver can come across some dangerous conditions on the snow covered roads. It is best to drive slow and take your time to reach your destination. As a Chicago car accident lawyer, I realize that along with the beauty of a fresh snowfall come many dangers.

Although, this snowfall didn't amount to much, it still caused some hazards on the roads. When the weather is bad it is best not to drive at all, if you can avoid it. For many of us this is not a reality, so we must drive with caution. If driving in snowy conditions, make sure your car is prepared and that you know how to handle road conditions.

When driving on snowy or icy roads, it is best to follow the TIPS below from the National Safety Council:

1. Reduce your speed
2. Leave adequate space for you to stop.
3. Gently apply your brakes. This will help you to avoid skidding.
4. Keep your headlights on. This will increase your visibility to other motorists.
5. Keep your lights and windshield clean from falling snow and ice.
6. Keep the car in a low gear.
7. Never use cruise control on icy roads.
8. When traveling on bridges and overpasses use extreme caution when. These areas of roadways tend to freeze first.
9. Watch out for black ice.

This morning's snowfall that covered many of Chicago's roadways caused multiple spinouts and minor fender benders. Unfortunately, there was one fatal accident on the Eisenhower. It was reported by the Illinois State Police that a fatal truck accident occurred on the inbound Eisenhower. The truck accident occurred at Cicero Avenue exit. It involved a box truck and a pickup truck. A passenger in the pickup truck was killed. At this moment, there are no details regarding the accident. The family of the fatal accident victim may be able to file a wrongful death law suit.

A wrongful death case is a law suit lawsuit that is filed when someone's negligent behavior results in the wrongful death of another person. The law suit is brought by the victims surviving family members or the victim's estate. Under most circumstances a wrongful death claim is brought to recover damages due to the death of a family member. The damages that are awarded in a wrongful death case are to compensate the family or estate for losses resulting from the death of a family member.

Some of the damages that can be recovered in a wrongful death case are what is called direct expenses. These are expenses incurred such as funeral costs and medical bills. Other damages can be for the loss of benefits and future earnings. Additional damages can include loss of companionship and punitive damages.

Motorists were urged to drive carefully and with caution during snowfalls.

Picture this you are on a busy highway and look in the rear view mirror. You notice an 80,000 lbs. commercial truck speeding up behind you. This can be a frightening event even for the most experienced driver. Hopefully, nothing occurs from this situation except a case of shaken nerves. Unfortunately, the result from a commercial truck crash can be devastating.

It has been proven, over and over that it takes a loaded heavy commercial truck additional distance to stop than a passenger car. More often than not these large rigs are traveling at very high rates of speed. Traveling at a high rate of speed is considered normal for many truckers. Typically they are paid by the mile or the load. The faster that a load can be delivered the more money the truck company makes. Speed, then is a competitive advantage.

Acccording to Illinois truck accident lawyer David Nemeroff, the National Highway Traffic Safety Administration, submitted a petition to mandate speed limiting devices on all commercial trucks to be set at 68 mph. This petition was filed on January 3, 2011.

Truck drivers, who drive at high rates of speed, endanger the safety of motorists and pedestrians. The dangers of traveling at high rates of speed are:

• Traveling with an increased momentum can increase the force of the impact

• Traveling at a high rate of speed can cause the driver to lose control of the vehicle.
• Traveling at a high rate of speed can limit or decrease the reaction time of the driver to changing road conditions.

• Traveling at high rate of speed triples the stopping distance. It also makes it difficult to safely stop a large object.

Regardless of the reason the results from an accident can be catastrophic. Significant injuries including death can results. As a Chicago injury lawyer, I have seen the devastation from truck related injuries. They can significant injuries such as head trauma and brain injury, spinal cord injuries, and internal organ damage. These injuries can completely change the lifestyle of the truck accident victim. Some injuries can adversely affect a truck accident victim for the remainder of their lives. Even minor injuries can go undetected for many years before the symptoms manifest into serious health conditions.

If you have sustained an injury due to a truck accident in Chicago or in the state of Illinois it is in your best interest to consult with a qualified truck accident lawyer.
An experienced Chicago truck accident lawyer will promptly investigate the details of your truck accident. This includes a site visit to the accident scene. It will be necessary to take photographs of the truck accident scene. Along with interview all witnesses to the event. It will be necessary to obtain the police report and the truck driver's log book. This is all necessary to determine the cause of the truck accident and who is liable for damages. The liable parties will then be pursued for the damages.

At Nemeroff law offices, we handle all types of truck accident cases. We have obtained millions of dollars in settlements and awards for our injured clients. The truck laws that are signed today have the goal of ensuring that safety of all drivers and pedestrians on the roads. The ultimate goal is to reduce the number of truck related fatalities and catastrophic injuries on our roads.

Today while one of one of our Illinois truck accidents lawyers was reading the news online, he brought to my attention another article regarding a fatal truck accident. It made me think about what happens when a passenger car slides into the path of an oncoming 18-wheeler. The results are not pretty. It's more likely than not that collisions with these big trucks are likely to be fatal or cause catastrophic injuries.

The size and weight disparity between an 18 wheeler (big rig) and a typical passenger car means that car drivers face considerably higher risks of serious injury or death upon impact. As an Illinois truck accident attorney, I recognize that in addition to the massive size of an 18-wheeler, several other contributing factors cause and lead big rig accidents including:

• Driver fatigue is the leading cause of many truck accidents. Drivers just by the nature of their profession are on the road for very long hours. They need to combat fatigue to make time and meet very tight delivery schedules. The typical truck driver is usually paid by the mile. The federal government implemented the Hour of Service rule to limit the amount of hours that a truck driver can spend on the road. The HOS regulation is in place which is a state and federal safety law limiting the amount of road time. Many drivers tend to not report or log all their driving records to circumvent state and federal safety laws limiting their road time. Excessive hours of driving can increase the chance of driver fatigue and falling asleep at the wheel. Excessive fatigue can also decrease a driver's reaction time on the road.

• Poor and negligent truck maintenance can lead to semi truck accidents. Commercial rigs and Semi-tractor trailers require experienced and knowledgeable mechanics. These mechanics need to be specialized for routine maintenance, repairs and inspections. Due to the amount of time many drivers spend on the road these inspections get delayed or neglected.

• Truck driver training is an important continuing aspect of this industry. These drivers of this heavy machinery require Intensive training. They also have requirements for special licensing. Drug testing is mandatory for every driver before a driver is qualified to be licensed to operate an 18-wheeler.

As a Chicago truck accident and injury attorney, I understand that the results of these big rig crashes can be catastrophic. Catastrophic injuries often involve injuries such as traumatic brain injuries, spinal cord injuries, amputations, severe burns and extensive bone fractures. Injuries suffered from a catastrophic accident routinely require adaptations and modifications to the victim's lifestyle. Many victims suffer changes and alterations that impact the quality of their life. These could include changes in the victims housing and mode of transportation. Many victims require constant medical care. All these changes can add up to large sums of money.

Taking care of a catastrophic injury victim is a lifelong commitment for all involved. To be adequately compensated for these costs and future costs it is important to retain an experienced Illinois truck accident lawyer.

It's not uncommon to find yourself on the road or highway with a large commercial truck speeding up behind you? Looking in your rear view mirror and seeing a large rig coming closer and closer, can frighten even the most experienced driver. As a Chicago truck accident lawyer, I know that some of these trucks can weigh over 80,000 pounds. Imagine the damage when you combine speed and weight. Unfortunately, the result from a semitruck crash could be catastrophic. Many motorists wonder, why? What's the rush?

The majority of truck drivers are paid by the mile or by the load. The truth is the faster they can deliver the load, the more money they can make. Having these massive pieces of machinery traveling at high rates of speed puts everyone on the road at risk. We have all seen these great big rigs barreling down the highway. Imagine if one had to stop suddenly? Even the most experienced truck drivers will have some challenges trying to safely maneuver a truck to a stop at a high rate of speed. As a Chicago truck injury lawyer, it amazes me that The United States is the only 'First World' country that does not have mandated speed governors or limiter settings on heavy commercial vehicles. If we can enforce rules that reduce the speed of big rigs, we can save lives.
Many trucking companies utilize the pay-by-the-mile formula. This is an inducement drive fast and long distances.

Many feel that the mandate of electronic speed governors may stop this practice. Speed governors have been standard equipment on all tractor trailer trucks manufactured since 1992. They key is that not all have been activated. According to companies that use the speed governors, they feel that trucks are safer and more profitable. Traveling at slower speeds they can reduce fuel cost. Tires, brakes and other equipment can last longer, due to less wear and tear. The trucking companies can reduce their overall liability costs. Imagine trying to stop a fully loaded commercial truck in a split second? Studies have shown that a fully loaded semi truck takes at least three times the distance to stop than a light loaded truck. The speed of the truck is also a contributing factor. Studies have shown that it takes a fully loaded commercial 18 wheeler three times longer to stop.

Many trucking companies utilize the pay-by-the-mile formula. This is an inducement drive fast and long distances. The mandate of Electronic on-board speed governors may stop this practice. Since 1992, these devises have been standard equipment on all tractor trailer trucks. They key is that not all have been activated. According to Chicago truck accident lawyer David Nemeroff, truck drivers traveling at high rates of speed can be dangerous because due to a variety of factors. Increased momentum can increase the force of the impact between the truck and another vehicle, causing serious injuries. The speed can also cause the truck driver to lose control of the vehicle. Traveling at high rates of speed many limit the driver's reaction time. One of the most significant, being the inability to safely come to a stop.

Regardless of the reason why the driver sped, an accident with a speeding commercial truck can be catastrophic. A number of serious injuries such as traumatic brain injuries, spinal cord injuries, organ damage and paralysis can rely alter one's life.

Let's work together, toward the goal of having safer drivers in safer vehicles on safer roads, thus reducing the number of tragic deaths and catastrophic injuries on our highways.