Commercial trucks transport cargo through the United States. It is crucial that the cargo is secured correctly for transport. Shifting and lost cargo can cause truck accidents that result in catastrophic injuries and fatalities. If you are injured because of an unsecured load truck accident, you could be entitled to compensation for your injuries.
At Hale & Monico, our lawyers have decades of experience handling personal injury claims. They are fierce trial lawyers and skilled negotiators. Our law firm has won millions for our clients in trial verdicts and negotiated settlements. Our lawyers are known for their reputation of taking cases to trial if necessary to obtain justice for our clients.
Contact Hale & Monico to schedule a free consultation with a Chicago truck accident attorney. You do not have to fight this battle alone.
How Hale & Monico Can Help You With an Unsecured Load Truck Accident Claim in Illinois
Truck accidents can result in life-altering injuries. In addition to the medical bills and lost wages, truck accident victims sustain permanent disabilities and impairments. A party’s failure to properly secure a truckload could have devastating consequences for innocent victims.
Trucking companies and their insurance providers have unlimited resources to fight claims. They work hard to avoid responsibility for your damages. Hiring an experienced accident attorney is crucial to protect your right to fair compensation.
When you hire our award-winning Chicago personal injury attorneys, you can trust we will:
- Investigate the truck accident to determine what caused the crash
- Identify the parties responsible for the accident
- Gather evidence proving fault and liability, including working with leading accident reconstructionists, trucking specialists, and other experts
- Assess how much your truck accident claim is worth after documenting and analyzing your damages
- Aggressively defend you against accusations of contributory fault
- Negotiate insurance settlements based on the value of your damages
- Take your case to trial and advocate for your rights before a jury if settlement is not possible
Our attorneys at Hale & Monico have top ratings from numerous legal organizations, including Illinois Super Lawyers. We have received awards and recognition for our legal services from the Chicago Daily Law Bulletin, Expertise.com, the Million Dollar Advocates Forum, Leading Lawyers, and many others. Our law firm and attorneys have been featured on several national outlets, including The New York Times, Variety, and Time.
Call Hale & Monico to schedule a free case evaluation with our Chicago truck accident attorneys.
Common Causes of Unsecured Load Truck Accidents in Chicago, IL
Fully loaded commercial trucks can weigh 80,000 pounds, but some exceptions allow commercial trucks to carry more weight. That weight must be secured adequately to prevent the cargo from shifting or falling off during transport. Oversized loads add to the complexity of securing the load.
The FMCSA has cargo securement rules that trucking companies, loaders, and shippers must follow. The rules dictate how companies must use cargo securement devices to prevent cargo from shifting or falling from commercial motor vehicles.
Unfortunately, negligence, failure to follow cargo securement rules, and other circumstances can lead to an unsecured load truck accident. Common causes of unsecured load truck accidents include:
- Using the incorrect types of securement devices for the cargo
- Exceeding the trailer’s weight limit
- Incorrectly arranging the cargo on the trailer
- Defective cargo securement devices
- Worn and damaged straps, stakes, and tie-downs
- Using trucks that do not have the correct equipment to secure the cargo
- Shifting cargo can cause jackknife and rollover accidents
- Unsecured cargo spills into the road, causing other vehicles to crash
Accident victims have the burden of proof in an unsecured load truck accident. Our legal team works to secure evidence proving that an inadequately secured load caused the truck accident. We will identify who was responsible for securing the load and why they failed to meet the standard of care required given the circumstances. These elements are critical pieces of the case to prove a party is liable for your damages.
Who Is Liable for Damages Caused by a Chicago Unsecured Load Truck Accident?
One or more parties may be liable for damages caused by a truck accident. Failing to secure cargo adequately can be grounds to hold a party liable for damages. The parties who could be responsible for an unsecured load truck accident include:
- Truck drivers
- Trucking companies
- Loaders and shippers
- Manufacturers of defective equipment
- Vehicle manufacturers
- Maintenance and repair shops
Third parties could contribute to the cause of truck accidents. For example, another motorist may be partially to blame for causing the truck crash. If so, that driver could share liability for damages.
If the accident victim is partially to blame, their damages could be reduced under the Illinois modified comparative negligence statute. The law bars damages entirely if the victim’s fault is 51% or higher.
Damages Available for an Unsecured Load Truck Accident in Illinois
Illinois personal injury laws provide compensatory damages for accident victims. The compensation you may receive for a truck accident case includes economic and non-economic damages. Examples of damages for a truck accident claim include:
- Past and future medical bills and expenses
- Impairments and disabilities
- Rehabilitative therapy and care
- Scarring and disability
- Lost wages and benefits
- Pain and suffering
- Diminished earning capacity
- Emotional distress and mental anguish
- Out-of-pocket expenses
- Loss of quality of life and enjoyment of life
The amount you receive for a truck accident claim depends on numerous factors. The type and severity of your injuries impact how much your case is worth. Catastrophic injuries and permanent impairments increase the value of medical care, lost income, pain, suffering, and other damages.
The strength of the evidence proving liability, the parties involved in the case, and other factors can increase or decrease how much you receive. Hiring an experienced truck accident lawyer can also be a factor in the outcome of your case. You have a better chance of obtaining a favorable outcome when you have the resources, skills, and experience of a personal injury law firm on your side.
Schedule a Free Consultation With Our Chicago Truck Accident Attorneys
Unsecured load truck accidents can cause life-altering injuries and conditions. You deserve to receive a settlement or jury verdict that compensates you fully for all injuries and losses. Call Hale & Monico to schedule a free consultation with our Chicago truck accident attorneys to discuss your legal options to recover money for your damages.