In our guide on hiring the right lawyer to handle your Illinois truck injury case, we created a comprehensive list of the things that are important for you to know if you are in a trucking accident in Illinois. We are following up on this guide with more answers to your frequently asked questions.
Whether you drive a commercial truck or are involved in an accident with a commercial vehicle, it’s importing to understand how these types of accidents happen. Each day, there are thousands of commercial trucks that travel our roads to transport goods from city to city and state to state. These trucks are much larger and heavier in size compared to a standard sedan, and are on the road for a significant amount of time. The ability to transport the amount of goods that they do also means that these trucks can be much more dangerous if the driver is careless. In an attempt to make the roads safer, there are several governing bodies that regulate commercial transportation.
In this Article
In January 2000, the Department of Transportation established the Federal Motor Carrier Safety Administration (“FMCSA”), Its primary purpose is to prevent commercial motor vehicle related fatalities and injuries. It accomplishes this by working with enforcement agencies of all levels to target high risk carriers, improving safety information systems and technologies, and to create regulations that promote general safety awareness.
The Administration helps to develop the standards for commercial motor vehicle drivers, collects data, and conducts research on the safety of vehicular operations. They also help support and implement a uniform set of safety regulations and guidelines. More information on the FMCSA’s responsibilities can be found at fmcsa.dot.gov. Further, the Code of Federal Regulations prohibits employers from coercing a driver to violate the commercial regulations. 49 CFR Parts 386 and 390. Coercions can include, but are not limited to, demanding a schedule be met that would be impossible without violating hours of service restrictions or other safety regulations.
Commercial trucking companies are just like every other company out there: they have deadlines to meet and costs they are looking to cut. In an attempt to meet business goals, it may be tempting for some of these carriers to cut corners or coerce their agents to drive longer than is safe or recommended. Common behaviors that are both violations and dangerous are:
Violations of FMCA’s rules may result in fines being imposed on the driver and trucking company. More importantly, these violations may result in accidents where there are severe injuries or death.
The FMCA reports accidents involving commercial vehicles are responsible for about 5,000 deaths a year. This is due to the plain fact that accidents with a commercial vehicle can be much more devastating than an accident with another passenger vehicle.
To put it into perspective, an average four door sedan weighs approximately 3,300 pounds. The Department of Transportation breaks commercial vehicles into eight different classes. Class 1 can weigh up to 6,000 pounds, nearly twice that of our regular four door sedan. Class 8 vehicles are anything 33,000 pounds and above.
Semi-trucks with a full trailer can weigh approximately 80,000 pounds. When an 80,000 semi truck makes contact with your 3,000 sedan at the speed limit of 55 miles per hour or faster, the results can be devastating. Not only will your car likely be totaled, but the risk of traumatic brain injuries, broken bones, or death are significantly increased. A natural extension of more severe injuries are greater medical bills incurred and the possibility of missing extensive time from work.
The FMCA works with agencies on a local and federal level to enact rules and regulations that help make the roads safer for everyone. However, just because there is a law in place, it does not mean everyone will listen and risk is automatically eliminated. Some commercial companies will break these rules to meet deadlines or to save money, or there is a moment of carelessness that leads to devastating results.
Going through the claim process with a commercial carrier is much different than dealing with a private insurance carrier. Commercial carriers often have bigger policies and use aggressive defensive tactics to try to minimize your case’s value. The Kryder Law Group is a leading Illinois law firm focusing on personal injury cases with commercial companies that do business all across the country. The Kryder Law Group’s attorneys will deal directly with the commercial insurance carrier so that you have the peace of mind that your attorneys are working to maximize the compensation you deserve. The firm has already helped thousands of Illinois clients recover the benefits they deserve. Call us to discuss your case or legal matter.