One of our recent blog posts discussed the trucking accidents that continue to occur in Illinois, and it specifically covered the accident on I-88 in Aurora that killed a tollway worker and injured a state trooper. At the time, media outlets were reporting that federal agencies were launching an investigation into the accident in order to determine if any regulations were violated leading up to the incident. Now, the Chicago Tribune is reporting that the injured state trooper is filing a lawsuit as a result of the crash. The case is a useful representation of how the civil law plays a role in the aftermath of an Illinois trucking accident.The Lawsuit The Illinois state trooper, who was injured in a crash in January involving a semitrailer and a tollway worker who lost his life, filed a lawsuit on February 10th against the driver of the truck, as well as his employer. The trooper and his wife are the named plaintiffs in the suit, which was filed in Cook County. The pleading states that the trooper suffered injuries including a fractured clavicle, fractured ribs, lacerations to the head and face, and second and third degree burns as a result of the accident. The "complaint" is the name of the legal document that initiates a civil lawsuit. It is common in truck accident cases for both the driver and his employer, the trucking company, to be named as defendants. Damages The trooper and his wife are seeking damages from the driver and the company who employed him for pain and suffering, disability, and disfigurement, in addition to economic damages. The amount of damages sought will be in excess of $1 million, in addition to possible punitive damages. The state trooper has already undergone several surgeries and remains hospitalized in serious condition in the intensive care unit. Allegations The suit alleges that the driver operated the truck while fatigued, drove for more than 14 hours, failed to slow down, failed to yield to a stopped emergency vehicle, and failed to keep a proper lookout, all in violation of established safety regulations. The pleading also says that the company who employed the driver was negligent in checking the driver's report of duty status, and failed to ensure he was in compliance with safety regulations. It is alleged that the company supposedly has a history of poor compliance with safety regulations. In addition, the plaintiffs are claiming that the company failed to have a system in place to track and control their employed drivers' hours of work. If you or someone you know was injured in an accident in Illinois as the result of someone else's negligence, you may be entitled to compensation. A knowledgeable personal injury attorney can listen to the facts of your case and advise you of your rights. Contact the experienced trucking accident attorneys at Mevorah Law Offices, LLC today for a consultation.
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