One of the biggest questions of truck accident victims is: Can I sue the truck driver and the trucking company? In many cases, you can. Truck drivers and trucking companies owe a duty of care to other road users and can be held responsible for injuries and damages if their actions cause or contribute to a crash. Nevertheless, your ability to successfully pursue legal action against the truck driver and trucking company depends on your case.
If you were injured in a trucking accident and need help determining whether to sue the truck driver and trucking company, call the Chicago truck accident lawyers with Ankin Law at 312-600-0000 today to schedule a free case evaluation.
How Is Liability Determined in Truck Accidents?
Unfortunately, truck accidents are common on Illinois roads. In 2022, there were 11,922 crashes involving semi-trucks in Illinois. It’s crucial for accident victims to understand liability, as it determines who is financially responsible for damages after a truck accident.
Truck accidents often involve multiple parties, including a semi truck driver who may be employed by a company. These accidents lead many victims to the question, “Can I sue the truck driver and the trucking company?” Determining truck accident liability is usually a complicated process, requiring thorough research into the details of a case. Here are the factors that influence whether you can hold a truck driver, trucking company, or both the driver and company liable for an accident.
Employment Relationship Between the Truck Driver and Trucking Company
If the truck driver involved in the accident is an employee or agent of the trucking company, you may be able to pursue legal action against both the driver and the company. The company that hires the truck driver can be held liable under a legal doctrine known as “respondeat superior” in Illinois. Under this doctrine, an employer can be held responsible for an employee’s actions if the employee was working within the scope of his or her employment when the accident occurred.
Therefore, you can sue a trucking company instead of or alongside its driver and hold it financially accountable for the damages arising from its driver’s actions.
Cause of the Accident
Negligence is often the cause of truck accidents. It refers to the failure to use reasonable care, leading to harm to another party. In Illinois, the negligent party can be held responsible for the accident and damages suffered by a victim. To prove negligence, you must demonstrate that the other party owed you a duty of care, the party breached that duty, the breach caused your injuries, and you suffered damages as a result.
You can sue a truck driver if the accident occurred due to his or her negligence. Examples of driver negligence that causes truck accidents include:
- Speeding
- Tailgating
- Unsafe lane changes
- Distracted driving
- Driving while drowsy or fatigued
- Failure to yield the right of way
Under Illinois law, you can sue the trucking company for an accident resulting from a truck driver’s negligent actions that occurred during the driver’s work duties.
A trucking company can also be liable for an accident due to being independently negligent. Some instances of trucking company negligence are failing to perform safety inspections, repairs, or adequate maintenance, improper training and supervision of drivers, failing to address dangerous driving complaints and suspend or terminate drivers with dangerous behaviors, and pressuring drivers to operate old, damaged, or unsafe trucks.
Non-Compliance With the Law and Industry Regulations
Adherence to the law and trucking service regulations comes into play in truck accident cases. You can sue the truck driver and trucking company if they weren’t compliant with the laws and regulations at the time of the accident. You can also sue a trucking company, in addition to the driver, if the company’s failure to abide by industry regulations contributed to the driver’s negligence that caused the accident.
For example, in many cases where a truck driver falls asleep behind the wheel and causes an accident, the trucking may have required the driver to drive longer, shorten rest periods, and falsify driving logs, breaking the hours-of-service rules. In one lawsuit filed against a truck driver and trucking company for an accident along I-88, the driver who caused the crash, who prosecutors say had fallen asleep, was found to have worked for 37 hours straight before the accident. The trucking company was accused of failing to have a system to control the hours of service of its drivers and had previous alerts for failing to comply with hours of service regulations.
A truck driver who was under the influence during an accident could have used drugs or alcohol to help him or her stay awake or cope with a trucking company’s unrealistic and unlawful driving schedules. The company may have also failed to carry out regular drug and alcohol testing as required by law, or allowed the driver to continue operating the truck despite a failed test. In these cases, the trucking company could share liability with the driver. When an inexperienced driver causes an accident, the trucking company could share responsibility for the accident for violating regulations by hiring an unqualified driver.
Trucking Laws and Regulations in Illinois
The Federal Motor Carrier Safety Administration (FMCSA) and Illinois Department of Transportation (IDOT) have rules and regulations governing the various aspects of trucking operations in Illinois.
Truck drivers in Chicago and the rest of Illinois must undergo a minimum of 160 hours of training and meet FMCSA’s medical requirements. The number of hours a truck driver can drive is also restricted. So, how many hours can a truck driver drive in a day and week? Drivers carrying cargo can’t drive more than 11 consecutive hours and must be off duty for at least 10 consecutive hours. They can’t drive after working 60 or 70 hours in 7 or 8 consecutive days, respectively. After at least 34 consecutive hours off duty, they can restart the weekly on-duty limits.
Commercial vehicles operating within Illinois must be inspected every six months at one of the state’s 250 official testing stations. Drivers must complete vehicle inspection reports after each workday. They must inspect their trucks before starting a new route or haul and sign off on the previous report. Trucking companies must conduct drug and alcohol tests before hiring a driver, after an accident, when a driver appears to be under the influence of drugs or alcohol, and randomly throughout the driver’s employment.
There are numerous trucking regulations, including size and weight limits, record keeping, and cargo loading. They can be confusing for a person without extensive legal knowledge. A truck accident lawyer has an in-depth understanding of these regulations and can carry out investigations to determine whether any violation contributed to your truck accident.
How to Sue After a Truck Accident in Chicago
Knowing what to do after a truck accident in Chicago is crucial if you plan to sue. Certain steps will boost your chances of getting the best possible outcome in your case.
Seek medical treatment as soon as possible after the accident. Prompt medical assistance protects your health, ensures documentation of your injuries, and helps link the injuries to the accident. Keep all receipts of your hospital bills. These and other medical records will be vital in proving the severity of your injuries.
Strong supporting evidence will be key to the success of your claim or lawsuit. Make sure you document the accident scene. Take pictures of all the vehicles involved, skid marks, damage to your vehicle, your visible injuries, and the road conditions at the scene. Exchange information with the other driver and get the contact details of witnesses.
Trucking companies and their insurers get involved in a truck accident immediately. Their agents will inspect and document the scene and gather evidence with the aim of avoiding or reducing the driver’s or company’s liability. If they offer a quick settlement, it’s unlikely to account for all your economic and non-economic losses. Therefore, it’s important to get a truck accident lawyer working on your case as soon as possible.
Your Chicago truck accident attorney will investigate the accident on your behalf and gather evidence to support your case. Federal laws require trucking companies to retain records regarding crash data for approximately 90 days before they can destroy them. Your attorney will help you obtain the relevant documents quickly or file an evidence preservation notice to protect the evidence.
Your truck accident lawyer may work with accident reconstruction experts, medical practitioners, vocational experts, and other professionals to build a strong case and determine your damages more accurately. Your lawyer will then help you file a claim with the insurers of the liable parties, negotiate with them for a fair settlement, and take your case to trial if needed. With over 100 years of combined experience helping accident victims receive fair compensation across Illinois and a 98% success rate, the Chicago truck accident lawyers at Ankin Law help you gain an edge against truck drivers, trucking companies, and any other liable party. Our lawyers will ensure a thorough investigation of your injuries and case and that all the liable parties are held accountable for their actions. Contact us today for a free consultation.