Illinois Product Liability Law May Help Victims of Chicagoland Semi-Truck Crashes
There is a consensus among federal studies, industrial organizations, and safety agencies that fatal large truck crashes are an extreme danger to everyone on the roadways of this country. The risk of dying in an accident involving a big rig, semi-truck, 18-wheeler, or tractor-trailer is unacceptably high not only for the trucker and rig occupants, but for drivers, passengers, and pedestrians involved in the truck accident. Read: National Center for Statistics and Analysis. (2022, May). Early estimates of motor vehicle traffic fatalities and fatality rate by sub-categories in 2021 (Crash•Stats Brief Statistical Summary. Report No. DOT HS 813 298). National Highway Traffic Safety Administration.
Research confirms the number of fatal large truck crashes in this country has increased a jaw-dropping 52% since 2010. The Truck Safety Coalition warns it is the “…HIGHEST number of truck fatalities ever…” recorded since records started to be kept on commercial truck accidents.
See, Shocking New Fatal Crash Statistics: 52% Jump in Deadly Commercial Truck Crashes; and Truck Driver Fatalities on the Rise: Fatigue, Speed, and the Trucking Industry.
After any catastrophic semi-truck crash, there will be a number of investigations into the event to learn the reasons for why it happened. Law enforcement; insurance adjusters; employers; federal inspectors; as well as advocates for the accident victims will all work to find answers for why someone had to die or be permanently disabled or impaired as a result of a tragic truck accident.
Sometimes, these investigations will reveal that weather conditions contributed to the crash, or that a driver made a mistake (either the trucker or another driver on the roadway). However, it is important for all truck crash victims and their loved ones to know that all too often, there will be components involved in the semi-truck itself or in one of the other motor vehicles involved in the crash that horrifically failed in some way.
For the commercial vehicle, the following mechanisms, equipment, parts, or machinery on the big rig or semi have been known to be defective in their manufacture or flawed in their maintenance or repair, with fatal accidents resulting from their failures.
Truck Brakes
Any large commercial truck on our roads can weigh in excess of 40 tons fully loaded. Accordingly, each state has its own truck size and weight limit laws to protect infrastructure as well as traffic from these behemoths. The State of Illinois, for instance, has a limit of 80,000 lbs. gross weight absent a specific legal exception. See, Illinois Vehicle Code (625 ILCS 5/15 – 301) and the 92 Illinois Administrative Code 554, Sub-chapter F, along with the Compilation of Existing State Truck Size and Weight Limit Laws provided by the U.S. Department of Transportation.
Understandably, truck brakes are extremely important for truck crash safety. Semi-truck brakes are complex, the parts working together as a system, to enable the trucker to bring that huge vehicle with its heavy load to a full stop even when traveling at highway speeds.
If any portion of the truck braking system is flawed, faulty, defective, or inadequate, there can be a failure in performance. The rig may not slow as fast as it should. The truck driver may not be able to stop or slow at all in a complete braking system failure.
Truck Tires
Any large truck on our roads carrying significant weight in cargo loads needs tires designed for the purpose. Furthermore, there will be a number of tires on these rigs, hence their nickname of “18-wheeler.” As a general rule, there are ten wheels on the tractor and another eight wheels on the trailer. Bigger trucks may have even more. Read, “Why is a Semi Truck Called an 18 Wheeler,” written by Max Ryder and published by The Truck How on February 15, 2024.
Anytime there is a separation of the tread in one of these tires, much less a full blowout, there is a great risk of a fatal truck accident. The tire failure can cause the trucker to be unable to control the rig in order to stop it, or to turn it. Rollovers are also possible when there has been a tire failure.
Other Truck Components That Can Fail With Deadly Results
In addition to failures of braking systems or wheel assemblies are commercial vehicle components that involve either (1) the steering system; (2) lighting equipment (think taillights or headlights); or the (3) truck suspension system. Even something as simple as a failing trailer hitch can result in a horrific and lethal accident.
Any defect or failure of these semi-truck parts or machinery is extremely dangerous, no matter the speed that the rig is being driven. This is especially true in the bad winter weather conditions we are infamous for here in Chicagoland.
Liability for Defective or Failing Truck Parts, Components, Equipment, or Machinery
Advocates for truck crash victims and their loved ones will investigate all aspects of the accident, often with the assistance of accident reconstruction experts who will use their expertise to analyze the facts and prepare a written report of their conclusions (this can be used at trial). For more, read Black Box Data in Serious or Deadly Semi-Truck Crashes.
If the investigation reveals that a truck part, system, piece of equipment, or machinery part caused the truck accident, then a legal analysis begins to discern all those who may have liability under the law for the crash and its aftermath. These claims will proceed under state product liability law.
In these cases, not only the manufacturer of the failing product may be liable but others that include designers, distributors, and resellers. The trucking company may be liable as well if the carrier is shown to have knowledge of the truck defect and failed to fix it or pull the rig off the road for repair.
Civil injury claims may be based upon a variety of arguments, such as:
- Flaw in the design itself
- Defect in the manufacturing process
- Damage during transport or distribution
- Failure to warn (or defective warning label).
For more, read: When Tools Are to Blame for Serious Work Accidents: Who’s Responsible? Product Liability and Accident Injuries and Warning Labels: How Many Have Legal Liability for the Victim’s Harm?
Claims for Justice: Product Liability Damages in Semi-Truck Crashes
Under Illinois law, truck crash victims and their loved ones may be able to seek justice from several parties where damages are defined to include things like: (1) medical expenses; (2) future health care treatment costs; (3) rehabilitation costs; (4) lost wages; (5) lost future earning capacity; (6) pain and suffering; (7) loss of consortium; and more.
The danger of a serious or deadly semi-truck crash is particularly high here in our local Chicago area. Too many people are being hurt or killed in commercial truck accidents in Chicagoland. It is shocking to know that 2024 statistics confirm that multiple semi-truck crash fatalities are being reported each week on Chicago roadways.
See: Why Are There So Many Serious or Fatal Semi-Truck Accidents in Chicagoland?
These are complex cases, where the law is complicated and the factual investigations demand significant investments in both time and expense. Truck crash victims and their loved ones are well-served to seek out the support of legal representation by a personal injury lawyer with experience in semi-truck crash cases. See, What To Do After a Serious Semi-Truck Crash: The First 48 Hours and What To Do After Serious Semi-Truck Crash: Weeks and Months Following the Accident.
An experienced semi-truck crash attorney not only brings years of legal expertise to the matter, but is able to get investigative experts on board fast (black box data can be erased in as little as 30 days after the crash). The truck accident lawyer will also have built a reputation for success in these types of claims with companies and their insurance defense counsel, helping the accident victims to successful negotiations of settlement or, if need be, taking the matter to trial before a jury.
To learn more about the benefits of legal representation in Illinois accident matters, read:
- Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases
- How To Choose the Right Personal Injury Lawyer for You and Your Family
- Questions To Ask When Choosing A Personal Injury Lawyer In Illinois Or Indiana
- What To Look For in a Personal Injury Lawyer in Indiana or Illinois.
Semi-truck crashes are a real threat to everyone in our country and especially in the Chicagoland area. It is a travesty of justice to realize how often these tragedies are the result of a failed product, part, or piece of machinery on the truck. Please be careful out there!
