When a delivery truck driver causes an accident in Chicago, the truck driver or the delivery company is generally the party liable for the accident. Whether the driver is an employee of the delivery company and what the driver was doing when the crash happened will affect who you can hold liable in a Chicago delivery truck accident. Depending on circumstances, other third parties, such as the owner of the vehicle, the vehicle’s manufacturer, and cargo loaders, may also be liable.
If you were injured in an accident with a delivery truck in Illinois, the truck accident attorneys at Lloyd Miller Law can help. Call 773-838-8100 for a free consultation about your case.
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When Is a Delivery Company Responsible for a Truck Crash in Chicago?
If a driver is an employee of a delivery company and causes an accident while performing his or her job duties in Chicago, the company may be held liable under vicarious liability. Under the legal principle of vicarious liability, an employer can be held liable for its employee’s negligent actions even if the company isn’t directly at fault. This liability applies only if the employee was acting within the scope of his or her work at the time of the accident. Therefore, you would file a claim against the delivery company, and the company’s insurance would cover damages arising from the accident caused by the driver’s negligence.
A delivery company could also face direct liability for a truck accident due to its hiring or operational policies and practices.
For example, truck accidents and the tired trucker are a common issue in the delivery industry. Driver fatigue is a common cause of truck accidents in Chicago and nationwide. The Federal Motor Carrier Safety Administration (FMCSA) has implemented HOS (Hours of Service) regulations to help prevent fatigue-related truck crashes. The regulations limit driving time and total on-duty time and specify rest break requirements.
Often, fatigue comes from the pressure drivers get from employers to meet tight delivery deadlines. The company could be liable for a truck accident resulting from fatigue if it allowed unsafe practices like skipping rest breaks and driving beyond the safe limits, overscheduled the driver, or created unsafe work conditions that pushed or encouraged drivers to violate HOS regulations.
Inadequate training and inexperience are also factors that cause personal injury in truck accidents. If the driver who caused the accident was inexperienced or had a poor driving record, the driver’s employer could be held liable for negligent hiring or supervision.
Some delivery companies contract with other companies to own and operate delivery trucks. The truck could be owned by an entity different from the one that employs the driver. In such situations, the truck owners could also bear liability in case of an accident, for example, if the accident resulted from mechanical issues or poor maintenance.
Can You Hold a Driver Personally Liable for a Delivery Truck Accident?
You can hold a driver personally liable in a Chicago delivery truck accident. Liability can be shared between the driver and the delivery company.
An employer can only be vicariously liable if the accident occurred while the driver was performing his or her job-related responsibilities and duties. Delivery truck accident liability may not apply to the company if the driver wasn’t on duty or was using the vehicle for personal reasons. The driver may be personally liable for the accident.
Some delivery companies classify drivers as independent contractors. Since these drivers are not employees, the companies can’t be held vicariously liable for the drivers’ actions. Consequently, you’d have to file a claim or lawsuit directly against the driver.
How drivers are classified impacts liability in accidents and the compensation you may receive. Some companies misclassify drivers as independent contractors to avoid liability. Victims and lawyers have increasingly challenged the classification of drivers as independent contractors due to the significant control some delivery companies exercise over the drivers. It takes skilled and experienced truck and car accident attorneys to challenge a delivery company’s structure successfully and hold the company partially liable when an accident happens.
How a Chicago Truck Accident Lawyer Can Help Prove Liability
In 2023, there were 11,980 semi-trucks and 9,144 single-unit trucks involved in accidents in Illinois. Multiple parties may share liability in truck accidents, making these cases more complicated. The involvement of several parties who may be liable for your injuries is part of what makes truck accident lawsuits different from car accident cases. Thorough investigations are necessary to determine who is at fault in a delivery truck crash.
A Chicago truck accident lawyer will conduct a detailed investigation into your crash to determine liability. A proficient lawyer will know the type of evidence needed to support a claim and how to find it. That involves gathering and analyzing police reports, truck maintenance records, dashcam videos, traffic camera footage, crash scene photos, eyewitness accounts, driver logs, employment records, driving history, company records, GPS data, and black box data. Your lawyer may also work with experts like accident reconstruction specialists to establish the accident timeline. Your lawyer will use all the information gathered to build a strong case on your behalf and pursue all the responsible parties.
Time matters a lot in truck accident cases. You generally have just two years from the accident date to file a lawsuit. Securing evidence and building a truck accident case is a time-consuming process. Trucking and insurance companies usually act quickly to protect their best interests following truck accidents. Valuable evidence, like footage from dash cams and surveillance cameras, black box data, driver logs, GPS data, and maintenance records, must be requested promptly and preserved to prevent them from being altered or lost. Therefore, the earlier you get a truck accident attorney involved in your case, the stronger the case the attorney can build on your behalf.
If you or a loved one has been a victim of a delivery truck accident, the skilled truck accident lawyers at Lloyd Miller Law can help. Our team has more than 75 years of combined experience assisting Illinois accident victims in identifying the liable parties and securing full compensation. Contact us for a free consultation about your case.
