Truck Accident Liability in Illinois

Truck accident liability in Illinois is determined by state and federal regulations, as well as the truck driver’s relationship with the trucking company.

If you’ve been in a truck crash along dangerous corridors like the Dan Ryan Expressway or Michigan Avenue, our personal injury law firm can determine liability and negotiate for fair compensation. Contact us today for a free consultation about liability in truck accidents.

Why Truck Accident Liability Is More Complex Than Other Accidents

Commercial truck accident cases are different than the typical car accident case. These lawsuits can be very complex due to the interplay of state and federal laws.

Liability in a Chicago accident depends on proving negligence from multiple parties, such as the truck driver, trucking companies, manufacturers, and cargo loaders. Each party may carry its own insurance policies, and each insurer will attempt to limit its liability.

Illinois uses fault-based liability in truck accidents. As such, the plaintiff must prove that the defendant owed them a duty of care, breached the duty, caused the accident, and that the accident resulted in damages. This becomes more complex for parties that weren’t directly involved in the crash, like cargo loading companies or repair companies.

While standard car accidents may have multiple vehicles involved, there are not typically layers of liability, which makes the legal process straightforward. Additionally, truck accidents often result in severe injuries, leading to higher medical bills and lost wages. These more serious damages mean more negotiation.

Who Can Be Held Liable in a Truck Accident?

Truck accident cases typically involve multiple parties, including the truck driver, the trucking company, and other third parties such as vehicle manufacturers or maintenance companies.

Reckless Driving

In most truck accidents, the truck driver is the first party to be held liable for negligence. Common forms of driver negligence include speeding, distracted driving, fatigue, or drunk driving.

The Illinois Vehicle Code (625 ILCS 5/) provides additional points of liability in truck accidents, such as failure to yield or improper lane changes. Accident reconstructionists can analyze vehicle damage and vehicle black box data to identify the driver’s actions before the crash.

Driver Fatigue and Hours-of-Service Violations

Federal Motor Carrier Safety Regulations (FMCSA) regulations can provide a valuable framework for identifying negligence in truck accidents. One commonly cited federal regulation is hours of service, which mandates regular breaks for drivers (49 CFR Part 395). If the trucking company failed to track driver hours or encouraged them to skip mandatory breaks, this could be negligence.

Mechanical Failures and Vehicle Maintenance Liability

In some cases, truck manufacturers are held liable in a truck accident using the Product Liability Act (735 ILCS 5/2-621) for issues like brake malfunctions, tire blowouts, or broken gear shifts.

Faulty maintenance can make commercial vehicle maintenance companies liable. For example, if worn brakes caused the driver to rear-end you, this could suggest poor truck maintenance. The maintenance company would then be held liable for contributory negligence.

Finally, commercial trucking companies use cargo loaders to ensure that loads are properly balanced, which prevents rollovers. Accident reports can explain whether improper cargo loading contributed to the crash.

The Legal Standard for Liability in Illinois Truck Accident Cases

Liability in truck accidents is determined by negligence, which requires proving duty of care, breach of duty, causation, and damages.

Trucking Company Liability Under Illinois Law

The Illinois Supreme Court case McQueen v. Lavonta M. Green showed that companies can be both directly and vicariously liable for the actions of their employees. Direct negligence would include negligent training, hiring, or supervision, as well as negligent maintenance.

Vicarious liability in truck accidents is established through respondeat superior, a legal concept meaning “let the master answer.” This means that the truck driver’s negligence is also the company’s negligence, even if they weren’t aware of the act.

How Federal and State Oversight Impact Liability in the Trucking Industry

The trucking industry is regulated by both federal and state law. The Federal Motor Carrier Safety Act establishes minimum standards for large trucks. However, it notes that if state law is stricter than federal law, then trucking companies must adhere to the state regulations instead (49 CFR 390.9).

In other words, a trucking company cannot use the FMCSA as a defense against liability if Illinois standards are higher.

Comparative Liability for Serious Injuries in Truck Accidents

Illinois uses a modified comparative negligence rule. A plaintiff can recover damages only if their fault is determined to be 50% or less, with awards reduced by the percentage of blame (735 ILCS 5/2-1116).

A truck accident lawyer can sue multiple parties, and all entities would then be jointly and severally liable for the damages (735 ILCS 5/2-1117). This means that all parties are collectively responsible for the damages, but the plaintiff can collect the full payment from any entity responsible for at least 25% of the blame allocated to the defendants. That party would then have to seek repayment from the other liable parties.

Why Early Liability Analysis Matters for a Truck Accident Lawsuit

An attorney must determine the potentially liable parties as soon as possible. This enables them to preserve evidence and prevent the responsible parties from shifting blame, either to another defendant or to the victim.

For example, in a collision involving improperly loaded cargo, the loading company may insist that the truck owner was responsible for checking the load before leaving. Our lawyers would then review contracts to determine whether this was part of the agreement.

How an Experienced Truck Accident Attorney Can Help

Our Chicago truck accident attorneys will gather evidence to establish liability, such as driver logs, safety records, and maintenance records. We will identify the applicable safety standards and determine whether regulatory violations were involved, as this can shift legal responsibility.

Through our professional network, we will locate experts in vehicle maintenance and FMCSA regulations who can provide testimony.

If there are multiple liable parties, we will coordinate with each responsible entity to negotiate a fair settlement. These complex insurance disputes require expertise to navigate, which is why it is crucial to work with a law firm that has experience handling similar cases.

FAQs

How long do truck accident victims have to take legal action in Illinois?

The Illinois statute of limitations for a personal injury claim is typically two years (735 ILCS 5/13-202). If the truck accident victim is a minor, the statute of limitations is tolled, or paused, until they turn 18 (735 ILCS 5/13-211).

If the accident resulted in fatal injuries, family members of deceased victims have two years to file for wrongful death damages (740 ILCS 180/).

What evidence is needed to prove liability in a truck accident case?

Evidence to prove liability in truck accidents includes:

• Police reports
• Accident scene photos
• Maintenance records
• Surveillance footage
• Witness testimony
• Employment records
• Expert testimony, like medical professionals
• Medical records
• Vehicle black box data
• Cell phone records
• Vehicle inspection reports

With over 100 years of combined legal experience in handling these claims, our team will smoothly coordinate evidence collection and document management. This ensures you have a strong case that clearly demonstrates how each factor contributed to the accident and your subsequent injuries.

Book a Free Consultation Today

A traffic accident attorney in Chicago is essential to proving liability and ensuring that you are not unfairly blamed for a truck crash. We will secure strong evidence, consult with expert witnesses, and handle all negotiations so that you can focus on your recovery.

As members of the American Association for Justice, our attorneys are highly experienced in these complex claims. We have a 98% success rate and have been welcomed into the Million Dollar Advocates Forum, an elite group of attorneys who have secured multi-million dollar settlements.

We work on a contingency fee basis: no fees unless we win. Contact us today for a free, no-obligation consultation about the legal process.