June 2, 2021
Fault is a central theme to unraveling any Illinois truck accident case. While the first notion that many will have will be that the accident is the truck driver’s fault, the truth is that many times other motorists actually contribute significantly to the mishap. One of the ways in which this happens is when standard passenger vehicle operators travel in a blind spot for a truck driver. Truck drivers are actually the best drivers on the road from a licensing perspective, but even with their professional capabilities, accidents still happen when they have to deal with vehicles they cannot see.
Shared fault is common
Truck accidents involving tailing vehicles where the truck operator can not see them can easily result in the tailing driver being found at fault. This is determined most often by the vehicular control law regarding forward movement of their vehicle. Driving in a competitive situation on an open highway with an 18-wheeler in close proximity often requires changing driving behavior and moving away when possible.
How comparative negligence applies to the case outcome
Accident reconstruction is difficult in many truck accidents because it only takes a moment’s notice before a collision occurs. Illinois modified comparative negligence law requires all injured drivers have 50% or less fault in order to receive financial compensation for their injuries. The total damage amount is then reduced by the assigned negligence percentage. This is the area of representation where Illinois attorneys who handle truck accidents work most aggressively for their clients.
It is never a good driving decision to travel in close proximity to an 18-wheeler, and especially when it is so close that the truck operator could possibly not see you. Always attempt to maintain distance from a big-rig when in transit on the highways.
