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Steps in settling a truck accident claim in Illinois

Truck accidents can be the most complicated and frustrating cases that injured victims in Illinois can face when it comes to settling with the other parties. Trucking companies are notorious when it comes to resolving accident claims, and they are especially difficult when the accident involves multiple vehicles. This usually results in cases taking a significant amount of time to settle when they are forced through the court system. However, many injury claims are still settled out of court before any court hearing is scheduled when fault is obvious.

Pretrial negotiations

The official accident report issued by the police will have a major impact on what the insurance company decides in any motor vehicle accidents involving trucks. When the truck driver is obviously at fault based on the report, insurance claims adjusters might make a settlement offer in short order. When fault is questionable, a lawsuit could follow.

Discovery hearing

The jury will evaluate the actions of all parties involved and will then assign a comparative negligence fault percentage to each. It is not always the truck driver who is at fault, as many truck accidents are caused by defective parts or improper cargo loading. Illinois follows the modified comparative negligence principle when it comes to motor vehicle accidents, and those assigned a fault percentage of 50% or greater are denied any financial recovery for their injuries.

Many drivers who are involved in a two-vehicle truck accident with equally shared fault are denied financial compensation for their injuries.

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