Who can be held liable in a truck accident? Liability for a truck accident in Illinois can fall on the truck driver, trucking company, or other parties, depending on the cause. These claims can be complex due to multiple liable parties. Truck accidents can cause serious harm to victims and their families. In Illinois, if someone is injured in a truck accident due to another’s negligence, they can seek legal recourse to obtain financial compensation.
Contact the Lloyd Miller Law Group at (773) 838-8100 for assistance with your truck accident claim.
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Primary Parties Who Can Be Held Liable in a Truck Accident
Liability refers to the legal responsibility to compensate for injuries caused. There are various types of damages you can sue for in a truck accident lawsuit. The liable party is usually a truck driver or a trucking company. In some instances, liability may be shared among several parties. Liable parties in trucking accidents include:
Truck Driver
Truck drivers are personally responsible for their actions on the road. If a driver’s negligence causes an accident, they are liable for damages. For example, you may be able to sue a drunk driver. However, pursuing direct compensation from a driver may be ineffective if they lack the financial means to pay.
Trucking Company
Most truck drivers are employed by trucking companies, which own the trucks and set their routes and schedules. Victims can seek compensation from the driver’s insurance and the trucking company under vicarious liability if an accident occurs due to a truck driver’s negligence. This principle holds employers accountable for their employees’ actions. Additionally, a trucking company may be liable if its negligence, such as faulty hiring practices or inadequate maintenance, contributes to the accident.
While trucking companies can be held liable for their drivers’ actions, this may not apply if the driver operates independently or was not on duty during the accident.
Truck Manufacturer
A truck’s components can malfunction due to manufacturing defects. A truck accident lawyer can hold manufacturers accountable if a faulty part causes an accident or worsens injuries. However, it often takes an investigation to identify a defective part as a factor in the crash.
Cargo Shipper or Loader
When considering liability in a truck accident, attention often centers on the driver and their employer. However, cargo loading and weight distribution can play a significant role. The shipping companies, not drivers, typically load and secure the cargo. Improperly loaded cargo can lead to loss of control and accidents, resulting in serious injuries or fatalities. If an investigation by a car accident lawyer finds that cargo mismanagement contributed to an accident, the shipping company may be held liable for the damages.
Maintenance or Repair Company
Trucks are equipped with parts that experience significant wear and tear from shipping demands, making routine inspections and maintenance essential for safety. Trucking companies often hire maintenance firms to manage these tasks. If a maintenance company neglects proper inspections or repairs, they can be held liable for accidents caused by issues like worn brakes, tire ruptures, steering problems, or malfunctioning lights. For example, you may wonder, is a tire blowout an at fault accident? The answer depends on whether it was caused by lack of maintenance.
Third Parties
Other parties can also be liable for a truck accident, including negligent drivers and those responsible for road maintenance. If another driver is at fault in your accident, you may have legal grounds to seek damages. It’s important to contact a truck accident lawyer promptly to establish who the liable party is in your case.
How Is Liability Determined in Truck Accidents?
Establishing liability in truck accidents is often one of the most intricate elements of a truck accident case in Illinois. Given the chance of severe injuries and substantial damages, it’s crucial to understand how liability is determined.
The Role of Negligence
Liability in truck accidents, like many vehicle collisions, typically hinges on negligence. If you can prove the four elements of negligence in truck accidents, you will be able to establish liability:
Duty of Care
The defendant was required to adhere to specific behavioral standards to ensure the safety of others. All truck drivers and trucking companies, due to the nature of operating hazardous vehicles, have a responsibility to exercise care towards others.
Breach of Duty
The defendant did not satisfy the duty of care.
Causation
The accident was caused by the defendant’s failure to fulfill their duty.
Damages
You experienced real losses or injuries due to the accident.
Driver Negligence
The National Safety Council (NSC) reports that commercial truck accidents have surged nearly 50% over the past decade.
The Federal Motor Carrier Safety Administration (FMCSA) has identified several prevalent reasons for general liability for truckers. These reasons include:
- Fatigued Driving: Operating an 80,000-pound vehicle requires maximum vigilance. Accidents can occur when tired drivers fall asleep or drift from their lanes. Ignoring rest regulations demonstrates a lack of safety concern.
- Distracted Driving: Engaging in activities like eating, texting, or adjusting the radio can lead drivers to become overly focused on distractions, causing delayed reactions. Inattention is responsible for thousands of accidents each year.
- Impaired Driving: Substances such as alcohol and drugs significantly impair reaction times. Truck drivers under the influence frequently cause devastating accidents. This breach of ethics and legal standards is unacceptable.
- Speeding and Aggressive Driving: Racing down highways to meet delivery targets disregards speed limits. Abrupt lane changes in heavy traffic raises the chances of accidents. Practicing patience is key to preventing collisions.
- Neglecting Maintenance Issues: Not addressing problems like loose steering, malfunctioning brakes, worn tires, or broken lights is irresponsible. These mechanical failures can lead to breakdowns and crashes.
- Logbook Violations: Ignoring service hour limits results in fatigued drivers. Pushing delivery deadlines dangerously affects the safety of everyone on the road.
Trucking Company Negligence
Trucking companies must ensure their fleet operates safely, but sometimes, they ignore federal guidelines and proper protocols. This negligence can involve hiring drivers with DUIs, encouraging violations of hours-of-service regulations, neglecting routine maintenance, or failing to inspect cargo placement.
Proper loading and securing of cargo are crucial to prevent accidents. If loaders fail to secure cargo adequately, they may be held accountable for any resulting incidents.
Laws and Regulations in Illinois Regarding Truck Accidents
The trucking industry is strictly regulated to protect truck drivers and other road users. In Illinois and across the U.S., these rules are a complex mix of federal and state laws governing commercial truck operations and driver conduct.
Federal Regulations
Hours of Service (HOS) Regulations
The Federal Motor Carrier Safety Administration (FMCSA) enforces hours of service (HOS) regulations to limit truck drivers’ duty and driving hours, aiming to prevent fatigue-related accidents. Property-carrying drivers must take a 30-minute break after 8 hours of driving and have at least 10 consecutive hours off-duty. They cannot drive more than 14 hours after their off-duty period, and are limited to 60 hours in 7 days or 70 hours in 8 days, with the period resetting after at least 34 hours off. Companies must monitor drivers’ hours, as encouraging HOS violations can lead to liability for accidents caused by fatigue.
Commercial Driver’s License (CDL) Standards
Truck drivers must have a commercial driver’s license (CDL) and any specific endorsements for the type of commercial motor vehicle (CMV) they operate. They must also be medically and physically fit for the job. If a trucking company hires a driver without these qualifications, they can be liable for any accidents.
Drug and Alcohol Testing
The FMCSA mandates trucking companies to perform drug and alcohol testing on drivers during hiring, after accidents, and randomly throughout their employment to reduce impaired driving risks. A company may be liable for accidents if it neglects these testing requirements or allows a driver who failed a drug test to continue driving.
Vehicle Maintenance and Inspection Requirements
The FMCSA mandates that all commercial vehicles undergo regular inspections, maintenance, and repairs to ensure their safe operation.
Cargo Securement Rules
Trucking companies must properly secure cargo to avoid accidents caused by unbalanced or fallen loads. This involves distributing cargo evenly across axles and using suitable tie-downs.
State Regulations
Along with federal regulations, Illinois has its own rules that complement the federal guidelines.
Weight and Size Limits
Illinois limits the weight and size of trucks driving within the state to safeguard roads and bridges and maintain safety.
Route Restrictions
Certain roads in Illinois might impose truck traffic limitations due to weight restrictions, low clearance bridges, or other safety issues.
Permit Requirements
For specific types of cargo, routes, or oversized shipments, trucks may be required to secure special permits from the state of Illinois.
State-Operated Truck Inspections
Illinois has established truck inspection locations along key highways to verify adherence to state and federal regulations.
Establishing liability in a truck accident involves a detailed investigation and review of the situation. Contact us at Lloyd Miller Law to seek compensation for your losses.
