Truck Accident Liability in Chicago

Many factors make Chicago truck crashes more complicated than typical car accidents: More severe injuries, overlapping state and federal regulations for the trucking industry, and multiple potentially responsible parties. If you’ve been hurt in a truck collision in Chicago, you need an experienced truck accident attorney who can conduct a thorough investigation, identify all responsible parties, and hold each accountable for their negligence. Without legal support, you might not recover the full and fair compensation you deserve.

The attorneys of Salvi, Schostok & Pritchard have been helping injured people for over 40 years and know how to prove liability in a truck accident in Chicago. Our skilled lawyers have recovered over $2.5 billion for our clients, including over 350 settlements or verdicts of $1 million or more – a testament to our deep understanding of personal injury law and our ability to win complex cases. Call now or complete our contact form to begin a free consultation with a truck accident lawyer in Chicago.

Who May Be Responsible for Causing a Truck Accident?

Liability for a Chicago truck crash usually comes down to negligence. Negligence is a legal term of art that means someone failed to act with reasonable care and caused harm to another person.

Anyone whose negligence or other legal fault contributes to a truck crash could be liable for the consequences. For example, a truck driver who speeds through a construction zone or drives while drowsy is acting negligently. If a driver rear-ends a car and causes severe injuries, they may be legally responsible. The trucking company could also be liable for negligently engaging in unsafe hiring or supervising practices. Furthermore, the company might be vicariously liable for the truck driver’s actions under a legal theory called respondeat superior, which holds employers responsible for the on-the-job actions of their employees. And, thanks to rules from the Federal Motor Carrier Safety Administration, trucking companies can even be liable if the negligent driver is classified as an independent contractor.

Other parties could also be liable, depending on the circumstances. These could include cargo owners and loaders, shipping agents, mechanics, truck manufacturers, component manufacturers, and other third parties. An experienced personal injury lawyer from Salvi, Schostok & Pritchard can investigate your truck accident claim to identify all parties that could be held liable for your injuries.

What Factors Impact Liability in Truck Accidents?

Several factors can influence who is responsible for a truck collision. These include the cause of the crash, the truck’s condition, the driver’s actions, and whether any companies involved violated federal or state safety rules. Investigators and truck accident lawyers must carefully review all the evidence from every angle to get a complete picture of how the crash happened and who is responsible.

Gathering Evidence to Determine Liability After a Truck Accident in Chicago

Determining fault for a truck crash can be difficult without legal assistance. To prove liability for a truck crash, you must support your legal claim with compelling evidence. Some types of evidence your legal team might use include:

Black box data – The truck’s event data recorder can show its speed, braking patterns, and hours of operation in the hours and moments leading up to the crash. This information can help investigators determine whether the truck driver involved was speeding, failed to brake, or violated rest rules.
Driver logs – These records track the time the driver spent on the road. If the logs show the driver exceeded legal driving hours, it can indicate driver fatigue or pressure from a trucking company to break safety regulations.
Maintenance and inspection records – These documents may reveal whether the truck was properly maintained. Missing or delayed repairs can show that the trucking company ignored safety issues.
Dashcam or surveillance footage – Video from the truck or nearby traffic cameras can provide a visual account of the crash and the driver’s actions, including careless actions like unsafe lane changes or merges.
Witness statements – Testimony from drivers, passengers, or bystanders who saw the crash can support or contradict the truck driver’s version of events.
Photos of the accident scene – Photographs can help show the presence (or lack thereof) of skid marks that may indicate distracted driving, the damage to all involved vehicles, and tire tread or other indications of mechanical issues.

Our lawyers have extensive experience handling truck accident cases and know what type of evidence is needed to prove liability.

What If Multiple Parties Caused the Truck Accident?

When proving liability in a Chicago truck crash, it is essential to examine everyone responsible for preventing crashes and how they may have contributed to the collision. Truck drivers are the first parties to look at, but in many cases, it’s not just the truck driver who is responsible. Other potentially liable parties may include:

Trucking Companies – Trucking companies are responsible for hiring qualified drivers, enforcing safety policies, and keeping their fleets in good condition. If they fail to screen drivers properly, push commercial truck drivers to break hours-of-service rules, or ignore vehicle maintenance, they could be liable for a truck collision.
Freight Brokers and Shippers – These companies coordinate shipments and hire carriers to transport goods. If they choose an unqualified or unsafe trucking company to cut costs, they can be liable for putting drivers in danger and causing a crash.
Truck Maintenance Providers – Mechanics and maintenance companies must inspect, repair, and service trucks quickly and properly. If they overlook worn brakes, fail to fix a steering issue, or use a defective truck part, they may be responsible for any crashes that follow.
Parts Manufacturers – Companies that design or produce truck parts must ensure their products are safe. If a defective tire, brake system, or steering component causes a crash, the manufacturer may be liable under Illinois’s product liability laws.
Truck Manufacturers – Truck manufacturers are responsible for ensuring that every component is safe and works properly. If a truck accident occurs due to a defective truck, its manufacturer may be liable.
Truck Cargo Loaders – Loading teams must secure cargo so it does not shift or spill during transit. If a cargo loading company overloaded the truck or failed to balance the load correctly, it can lead to rollovers or lost cargo on the road.
Outsourcing Contractors – Some trucking companies outsource tasks such as hiring, safety training, or equipment checks to outside contractors. If these contractors cut corners or fail to follow safety regulations, they may share responsibility for a crash.

Other motorists could also be responsible for accidents involving commercial trucks.

Illinois has a modified joint and several liability law, which states that any party responsible for an accident can be held fully liable for an injured party’s medical expenses, regardless of their share of fault. Furthermore, any party found to be at least 25 percent at fault can be held fully liable for the injured party’s compensation, medical and otherwise. This rule protects accident victims from having to hold multiple parties individually liable for their share of the accident.

For example, let’s suppose the driver of another passenger vehicle who carries $50,000 per person in liability insurance and a truck driver with $750,000 of liability insurance are both 50 percent to blame for a truck accident. In this case, the truck accident victim could file suit against the truck driver (and their more robust insurance policy) for the full value of their claim.

Note that parties found to be less than 25 percent at fault for an accident are liable only for their share of the victim’s non-medical expenses, such as lost wages and property damage.

Contact a Chicago Truck Accident Attorney

Hurt in a truck crash in Chicago? You need experienced legal advocacy to pursue the full amount of compensation you deserve. Call Salvi, Schostok & Pritchard now or complete our contact form for a free consultation with a Chicago truck accident attorney.