Legal Analysis of I-80 Utica, Illinois Semi Truck Accident
Post Date: August 16th, 2010
The News Tribune of North Central Illinois recently reported about a multi-car collision that occurred on I-80. The crash took place this past Tuesday, August 10, 2010 at approximately 2:30 p.m. It occurred just one and a half miles east of Utica.
As with almost all interstate accidents involving a tractor trailer, an accident reconstruction is pending. However, the early reports are that a semi-tractor trailer driven by Rex Davis of Montpelier, Ohio overtook a vehicle driven by Thomas Bolin. Also in the car, driven by Mr. Bolin, was fourteen-year-old Corren Bolin.
The reports are that the Bolins were stopped in traffic due to an earlier collision. In that earlier crash, Kevin Haeffener lost control of his semi-tractor trailer truck driving eastbound on I-80. In doing so, he hit a truck that was broken down on the right shoulder. This caused Haeffener’s tractor trailer to overturn, thereby throwing his cargo all over the road. This had traffic backed up for some time. Apparently, this is what the Bolins were stopped for when they were struck from behind by the tractor trailer driven by Rex Davis.
This incident shows the care that must be taken by drivers of semi trucks at all times. The owner of the towing company is quoted as saying that half of the Bolin’s car was still under the semi when they arrived. The Bolins were taken to St. Francois Medical Center in Peoria for severe injuries.
From a common sense standpoint, I see no reason why Mr. Davis should not have seen the stopped traffic. Under the law, all drivers have a duty to operate their cars with the “highest degree of care”. However, it is my opinion as an Illinois truck accident lawyer, that drivers of semi truck should be held to an even higher duty. Given the sheer size and hours they log on the road, they create a much bigger danger to the community.
Our firm has an emphasis on handling tractor trailer accidents and because of this, I am curious as to whether anyone has downloaded the black box data off of Mr. Davis’ truck. What many people don’t realize is that a tractor trailer, just like an airplane, has a electronic control module, “black box”, which records all of the trucks actions in the minutes before the collision. Thus, if we were able to see that data, we would know exactly how fast Mr. Davis had been traveling before the wreck, whether he was a habitual speeder, and whether he ever hit the brakes before the accident. This type of information is what we generally rely on to support a claim for punitive damages.
As an Illinois tractor trailer accident attorney, I know that these things do not just happen by sheer accident. Rather, often times, truck drivers are a ticking time bomb that the truck company should recognize. Thus, when we handle a tractor trailer collision, we often sue not only the truck driver but also the truck company and obtain all of the previous documents pertaining to the truck driver. This includes their training and history, maintenance of the truck, past records including what their past company thought of them. This type of information sheds light on the bigger picture of why this collision happened. What we often see is that it is not just one negligent truck driver, but rather systemic failure of the truck company itself to police its own employees. When truck companies are going to make a profit by sending out these types of drivers over the road and putting the community at danger, they too need to be held responsible for the harm that is caused.
Joshua P. Myers is president and owner of Myers Injury Law, LLC. He is also founding partner of Schultz & Myers, LLC, a personal injury law firm. His practice focuses specifically on severe, catastrophic injuries with an emphasis on tractor trailer accidents. As an Illinois semi truck injury lawyer, his firm handles cases throughout all of Illinois and Missouri. He can be reached toll free through 888-SUE-TRKS (783-8757) or via email at jm@joshmyerslaw.com. All cases are handled on a contingency basis meaning thatUti there is no money required to retain his firm, rather all fees are taken as a percentage of the recovery if and when that occurs. The firm makes a guarantee to all of their clients that if they are unable to recover on their behalf, no fees are owed.
Posted in IL Truck Accidents, Illinois Truck Accidents, Utica | 4 Comments »
