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Frequently Asked Questions

At TorHoerman Law, we operate our firm on a contingency basis – we don’t get paid unless we win. Essentially, you will not pay a dime if we don’t win your case. We firmly believe in fighting for the rights of those injured unjustly.

This is entirely dependent on each individual case as the circumstances will be different for each client. However, it is important to note that most cases do settle out of court due to the extensive resources required to prepare a trial.

This is also dependent on the specific individual and person, but the sooner you reach out to our legal team, the sooner your case will be resolved.

Trucking Accidents in Edwardsville, IL

According to the Illinois Department of Transportation, there were over 11,000 accidents involving semi-trucks in the state in 2019. 116 people were killed in tractor-trailer involved accidents in 2019.

Madison County specifically experiences a number of semi-truck accidents, especially on the county’s many interstate highways. On Interstate 255, particularly by IL-143, accidents are common and rise to a fever pitch during periods of construction. 

A number of fatal accidents have also occurred along Interstate 270 and Interstate 55. A 20-year-old woman was killed on I-70 in September 2021 when her car collided with a tractor-trailer merging across lanes to enter a construction zone. Two semi-trucks were involved in a crash that killed a 34-year-old Missouri man on Interstate 270 in September 2021. These are just a few recent examples of devastating accidents that have occurred on these roadways throughout the years. 

The Illinois Department of Transportation (IDOT) has taken steps to alert motorists of construction zones, with marquee signs placed miles ahead of the affected area and rumble strips laid even closer to work areas.

 

What are the Trucking Laws in Edwardsville, Illinois?

Each state has specific laws for trucking companies, drivers, and semi-trucks. These laws are subject to change, so it is important for all drivers to be aware of the latest and most updated legal regulations.

Trucks are required to undergo safety inspections every 12 months. All motor vehicles, regardless of type, must have liability insurance. Without it, “no person shall operate, register, or maintain registration of the motor vehicle. 

Further, all truck drivers are required to hold a current Illinois’ Commercial Driver’s License (CDL), requiring an individual to pass a written and knowledge skill test. There is one “exemption from the CDL written knowledge test for qualified current or former military personnel who participated in military heavy-vehicle programs.”

Since 1986 when the Motor Vehicle Safety Act was passed, minimum standards for the licensing of drivers of commercial motor vehicles have been in effect. The goal is to ensure the commercial truck drivers are equipped with the best and most up to date knowledge and skills needed to safely navigate the roads and highways in Illinois.

 

Common Causes of Truck Accidents in Edwardsville

These are the most common causes of truck accidents nationally, but are also applicable to Edwardsville and the surrounding areas:

While inclement weather makes conditions more difficult for all drivers, snow and ice can make operating tractor-trailer vehicles complicated and dangerous.

Overworked and inattentive truck drivers often cause accidents because they are not alert and are more likely to make mistakes.

Driving under the influence of drugs or alcohol is illegal for all drivers, but that does not mean truck drivers are immune from making poor decisions. Just like drivers of personal vehicles, driving a semi-truck under the influence is dangerous for everyone on the road, arguably more so than consumer vehicles.

Trucking accidents often occur during heavy traffic. Semi-truck drivers must drive with extra caution in order to react to stopped drivers, merging vehicles, or obstacles in the road causing sudden breaks in the flow of traffic.

Operating any vehicle at night poses a risk due to reduced visibility and likelihood of exhaustion. According to a nationwide survey, 32% of drivers say they have difficulty seeing all or most of the time while driving in the dark.

If a trucking company or trucking mechanic fails to properly maintain the vehicle and its equipment, that failure to maintain can cause an accident, without the truck driver doing anything wrong.

Underride is an extremely dangerous type of accident that happens when a car loses control and slides under a semi-truck.

Just like cars, a defect in the equipment or truck itself is dangerous to the truck driver and other vehicles on the road. If this type of accident happens, victims may have grounds to sue a truck or product manufacturer in a product liability case.

Strict guidelines are set by IDOT that determine the weight, length, size, width, and height limits of a load, as well as specific methods of securing the load. If found to be over the limit, fines can be implemented, ranging anywhere from $73 to upwards of $4,000+ depending on how overweight the truck is.

When a large semi-truck and its trailer skids, the result is the trailer swinging out and stopping at a 90-degree angle. These types of accidents occur most often in slippery conditions, and if the truck is traveling at a high enough speed, it may flip over.

Other Truck Accident Risks

Semi-trucks are responsible for hauling goods and materials of all sorts across the country. From simple gifts and items, to hazardous and industrial products and everything in between, semi-trucks are a crucial part of the American supply chain and economy. But with this responsibility of transporting a wide variety of items across the country on the same road citizens travel comes the inherent risk of accidents that can spill a truck’s cargo across busy roadways.

Cargo Falling from Trucks or Being Spilled During Accidents

Whether a load secured to the bed of an open tractor trailer or packed into a closed box trailer, items on the back of a semi-truck can become unsecured and fall onto roadways, endangering drivers. Unsecured loads that break away from semi-trucks can cause terrible accidents and block roadways for hours as they’re cleaned up.

Hazardous Waste or Dangerous Materials Spilling from Trucks in Accidents or Due to Improper Safety Precautions

Dangerous or hazardous material carried by trucks can be spilled during accidents or if the load is improperly secured. Hazardous materials, including toxic chemicals, flammable liquids or gases, and toxic farming products, can cause further damage to those in accidents, create extremely unsafe conditions for drivers navigating through post-accident roadways, cause long-term damage to the local environment, and lead to the closure of roadways. 

Semi-trucks carry a variety of products, liquids, chemicals, gases, and much more. Toxic arming materials are often transported by semi-trucks in the Midwest, posing an extreme risk to people exposed to a large amount in an uncontained spill.

Common Truck Accident Injuries

Trucking accidents can lead to serious injuries and even death. Serious injuries can take a very long time to recover from and result in a decreased quality of life. These injuries are the most common in trucking accidents:

  • Traumatic brain injuries
  • Concussions
  • Spinal cord injuries
  • Back and neck injuries
  • Broken Bones
  • Internal organ injuries
  • Lacerations

Who is at Fault for Accident?

Pinpointing who is at fault in a trucking accident is difficult as there may be more than one party liable. The driver of the truck, the company the driver is employed by, the company tasked with providing maintenance to the truck, the manufacturer of the truck, the government entity responsible for maintaining highways, or other government entities all could be liable in certain instances.

Determining liability requires an extensive amount of investigation by the Edwardsville truck accident lawyer hired to represent you. After your lawsuit has been filed, your legal team will begin discovery, the investigation portion of the lawsuit. Your legal team will review the police report, witness reports, any video and pictures taken, consult with an expert, and review any other necessary evidence.

In some cases, you, the driver, maybe partially at fault. If both you and the truck driver are at fault, this does not prevent you from receiving compensation for your injuries, but there are certain stipulations to be aware of. Your legal team will determine how much at fault you were, and using the principle of comparative negligence, decide how much compensation you deserve on a percentage basis.

 

Example: If you ran a red light, but the truck driver was also making an illegal turn. Let’s say you were 40% at fault while the truck driver was 60% at fault because of the illegal turn he or she made. At the end of the lawsuit when compensation is awarded, most likely by the defendant’s insurance companies, you will be qualified to earn that amount minus 40%.

 

Hiring an Edwardsville Truck Accident Lawyer

If you or a loved one has suffered injury, property damage, financial losses, or other losses resulting from a truck accident, you may benefit from hiring a personal injury lawyer to represent you as your Edwardsville truck accident lawyer.

Your attorney will work to build a strong case to show that you incurred losses as a result of the negligent actions of a truck driver. They will use the evidence gathered in order to prove this argument and gain you compensation for those losses.

The civil litigation process can be long and complex. An Edwardsville truck accident lawyer will be able to navigate this process for you, so that you can focus on the most important thing – recovering from your accident.

The choice of an attorney is an important one and should be taken with much consideration.

You should feel comfortable vetting any potential candidates. Ask your potential Edwardsville truck accident lawyer any questions that you deem necessary for making a selection. Some good questions to ask include:

  • What is their experience litigating truck accident cases?
  • What is their experience with the Edwardsville & Madison County judicial systems?
  • Do they have the resources necessary to litigate your case?
  • How can they guarantee commitment to your case?

 

TorHoerman Law, Edwardsville Truck Accident Law Firm

At TorHoerman Law, our experienced team of Edwardsville truck accident lawyers is here to help you by providing their legal services. While our office is based in Edwardsville, IL, we serve clients in all 50 states.

We have a team of award winning Edwardsville truck accident lawyers, including some of the best lawyers in Illinois.

We our a local firm comprised of staff and attorneys who are Edwardsville & Madison County residents. We know the area and we know the courts.

We guarantee our commitment to your case by offering our services on a contingency fee basis, meaning that we do not charge legal fees to our clients until after they have been awarded compensation for their losses. No compensation? Then we foot the bill.

Do you have questions or need legal advice? Contact Edwardsville injury attorneys today for a no-obligation, free consultation.

 

Barmeier, Elizabeth. “Illinois Woman Killed after Striking Tractor-Trailer on I-70 Saturday”. FOX 2, 25 Sept. 2021, https://fox2now.com/news/illinois/illinois-woman-killed-after-striking-tractor-trailer-on-i-70-saturday/. 

“Illinois Commercial Driver’s License Study Guide.” Cyber Drive Illinois, Illinois Secretary of State, www.cyberdriveillinois.com/publications/pdf_publications/dsd_cdl10.pdf.

“Illinois Oversize and Overweight Fines and Penalties.” Oversize/Overweight by State, Oversize.io, oversize.io/regulations/oversize-overweight-fines-by-state/illinois.

“Northbound I-55 Reopens after Multi-Car Crash in Illinois.” KMOV.com, 22 Aug. 2018, www.kmov.com/news/northbound-i–reopens-after-multi-car-crash-in-illinois/article_674a5f7b-55d5-55bf-8f5c-6b3efac834e8.html.

Overland Man Killed in I-270 Crash in Madison County.” KMOV.com, 15 Sept. 2021, https://www.kmov.com/news/overland-man-killed-in-i-270-crash-in-madison-county/article_9bd611fe-1624-11ec-92f8-0fa1bfe1d5a5.html.

Edwardsville, IL
(618) 223-5657
Cities We Serve

Alhambra, Alton, Bethalto, Collinsville, East Alton, Edwardsville, Godfrey, Glen Carbon, Granite City, Hamel, Hartford, Highland, Livingston, Madison, Marine, Maryville, New Douglas, Pontoon Beach, Roxana, South Roxana, St. Jacob, Troy, Venice, Wood River, Worden, Alorton, Belleville, Brooklyn, Cahokia, Caseyville, Centreville, Dupo, East Carondelet, East St. Louis, Fairmont City, Fairview Heights, Fayetteville, Freeburg, Lebanon, Marissa, Mascoutah, Millstadt, New Athens, O’Fallon, Sauget, Shiloh, Smithton, St. Libory, Swansea, Washington Park, Columbia, Hecker, Valmeyer, Waterloo, Grafton, Jerseyville, Aviston, Beckemeyer, Breese, Carlyle, Centralia, Germantown, New Baden, Trenton, Staunton

Counties We Serve

Madison, St. Clair, Bond, Calhoun, Clinton, Jersey, Macoupin, Monroe

More than $4 Billion Awarded
in verdicts & negotiated settlements

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$1.5
MILLION

CAR ACCIDENT

PERSONAL INJURY

$650
MILLION

PRADAXA INJURY LAWSUIT

PHARMACEUTICAL PRODUCT

$4
MILLION

TRAUMATIC BRAIN INJURY AT DAYCARE

PERSONAL INJURY

$2.4
BILLION

ACTOS INJURY LAWSUIT

PHARMACEUTICAL PRODUCT

$300
THOUSAND

SLIP AND FALL

PERSONAL INJURY

$1.5
BILLION

SYNGENTA CORN LAWSUIT

CHEMICAL EXPOSURE

$20
MILLION

TOXIC TORT INJURY

CHEMICAL EXPOSURE

$103.8
MILLION

COX-2 INHIBITORS INJURY

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TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.

They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

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