Tractor Trailer Crosses Median on Illinois Road, Killing One

WSIL 3 reported on April 2 that the driver of a 2015 Volvo truck tractor struck and killed the driver of a 2015 Toyota Camry. The driver of the truck tractor was a 24-year old male, and the driver of the Camry was a 29-year old female. The accident happened on I-57 at milepost 67. Traffic was changed as emergency crews worked to clean up the highway. The truck driver was from Texas, and the woman who died was from Arkansas.

Where and how this case could be tried

Even though both drivers in the truck crash were from out of state, an Illinois truck accident lawyer would be able to bring the wrongful death claim on behalf of the woman’s family in Illinois state court. The case could also be brought in Illinois federal court because there is a diversity of jurisdiction.

In Illinois, the personal representative for the victim’s estate brings the wrongful death action against all responsible parties. If the woman had a will, then the executor named in the will would be the personal representative. Otherwise, her spouse or a parent could be appointed the personal representative.

The claim is brought on behalf of the spouse and any next of kin. Next of kin includes parents and minor children. Damages include the sorrow and suffering of the beneficiaries, the loss of companionship the woman would have provided, and the loss of guidance and support—including financial support—she would have given her loved ones.

Why the accident might have happened

Truck tractor drivers do not cross a median for any casual reason. Some of the reasons the truck driver may have jumped across the median are:

• He was distracted.
• He was driving under the influence of alcohol.
• He was speeding.
• He lost control of the truck because he was fatigued from too much driving.

If the driver was unduly pressured by a trucking company to get any shipping loads delivered at unreasonable schedules, the trucking company could be held liable too. If he was served alcohol by a vendor, the bar, restaurant, or other responsible vendor could be held accountable if the liquor caused the driver to be intoxicated at the time of the accident.

At Gainsberg Injury and Accident Lawyers, our Chicago truck accident attorneys handle the most difficult cases. Our lawyers work to determine why an accident happened and who is responsible. To understand your rights and to get a strong advocate on your side, please call 312-600-9585, or use our contact form to schedule a consultation. Our dedicated attorneys are committed to pursuing justice on your behalf.