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Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
Read Bio
Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
If you’ve been involved in a crash with a commercial truck, you might assume the driver is automatically responsible. However, commercial truck accidents are often far more complicated than a typical car crash. You may be wondering who is actually at fault after a trucking accident and whether more than one party is to blame. In many cases, determining responsibility requires a careful investigation of events before and during the crash.
In this article, we explain how liability is determined in Illinois commercial truck accident cases. If you have questions about your situation, speaking with our attorneys may help you better understand your options.
What Does Liability Mean in a Truck Accident Case?
In a truck accident case, liability refers to legal responsibility for the harm caused by a crash. If someone’s actions contributed to the accident, they may be responsible for the damages that follow, such as medical bills, lost income, or other losses.
Most truck accident claims are based on the concept of negligence, which means someone failed to act with reasonable care. To establish negligence, several basic elements are considered:
- a duty to act safely,
- a breach of that duty,
- a connection between the breach and
- the accident, and the damages resulting from the crash.
Determining whether these elements exist often requires a closer look at the facts surrounding the accident. An experienced truck accident lawyer can work with you to uncover liabilities.
The Process of Determining Fault in an Illinois Truck Accident
If you are trying to understand who may be responsible for a truck accident, fault is usually determined through a careful, step-by-step review of what happened. Lawyers, investigators, and other professionals often look at the crash from several angles before reaching conclusions about liability.
That process generally includes:
- Investigating the crash scene to understand how the accident happened
- Collecting and reviewing available information related to the collision
- Reviewing trucking and traffic rules that may apply to the people or companies involved
- Analyzing the actions of the driver, trucking company, and others before and during the crash
- Assigning fault percentages if more than one party may have contributed
Who Can Be Liable in a Commercial Truck Accident?
- Truck Driver: A truck driver may be responsible if unsafe driving contributed to the crash. This can include behaviors such as speeding, driving while fatigued, distracted driving, or operating a vehicle while under the influence of alcohol or drugs.
- Trucking Company: In some cases, the company that owns or operates the truck may share responsibility. This may involve issues such as negligent hiring practices, inadequate driver training, unrealistic delivery schedules, or failing to properly monitor drivers.
- Cargo Loading Companies: Companies responsible for loading freight may also play a role. Improperly secured cargo or overloaded trucks can affect a vehicle’s balance and braking ability, which may increase the risk of a crash.
- Maintenance Providers: Businesses responsible for inspecting and maintaining commercial trucks may be involved if poor inspections or failure to repair mechanical problems contributed to the accident.
- Truck or Parts Manufacturers: Sometimes a defective component, such as faulty brakes, tires, or other vehicle parts, may have played a role in the crash.
Key Evidence Used to Prove Liability
Determining who may be responsible for a commercial truck accident often involves reviewing many different sources of information. Investigators and attorneys rely on available records and documentation to better understand how the crash occurred.
Common types of evidence may include:
- Police accident reports, which often contain an officer’s observations from the scene
- Eyewitness statements from people who saw the crash happen
- Surveillance footage or dashcam video that may show how the collision occurred
- Truck driver logbooks documenting driving hours and rest periods
- Electronic logging device (ELD) data, which tracks a driver’s hours of service, speed, braking, and other vehicle activity
- Maintenance records showing how the truck was inspected and serviced
- Cargo loading records that may reveal how freight was secured or distributed
- Medical documentation describing injuries related to the crash
In some situations, accident reconstruction professionals review this information to help determine how the crash happened.
Illinois Laws That Affect Truck Accident Liability
When a truck accident occurs in Illinois, certain state laws help determine how fault and compensation are handled. These rules can influence whether an injured person may recover damages and how responsibility is divided among the parties involved.
Illinois Modified Comparative Negligence
Illinois follows a rule known as modified comparative negligence under 735 ILCS 5/2-1116. This rule allows injured individuals to recover damages as long as they are 50% or less responsible for the accident. However, the amount they receive may be reduced based on their share of fault.
For example, if someone is found to be 20% responsible for a crash and the total damages are $100,000, their recovery may be reduced by 20%, leaving $80,000. But if a person is found to be more than 50% responsible, they may not be able to recover damages.
Joint and Several Liability
Illinois also recognizes a principle called joint and several liability, which can be important in truck accident cases involving multiple defendants. Under this concept, a defendant may be held fully responsible for certain damages, such as medical expenses. Other types of damages may be divided based on each party’s percentage of fault.
This matters because commercial truck accidents often involve multiple potentially responsible parties, and how liability is shared can affect how compensation is recovered.
How Federal Trucking Regulations Affect Liability
Commercial trucking companies and drivers must follow safety rules established by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover issues such as hours-of-service limits, vehicle inspections, proper maintenance, and safe cargo loading. When drivers or trucking companies fail to follow these federal safety requirements, it may suggest negligent behavior that contributed to a truck accident.
Why Determining Fault in Truck Accidents Is Often Complex
Truck accident cases are often more complicated than standard car accident claims. One reason is that multiple parties may be involved, including the driver, trucking company, maintenance providers, or cargo loaders. These cases may also involve corporate policies and business practices that affect how trucks are operated.
In addition, the trucking industry is regulated by federal safety rules that can help determine liability. Trucking companies often carry large insurance policies and may begin investigating the crash shortly after it occurs. Because of these factors, determining fault in a truck accident can require a detailed review of the circumstances surrounding the collision.
Work With an Illinois Truck Accident Lawyer
You may need to deal with trucking companies, multiple insurers, and complex regulations while trying to recover from serious injuries. Insurance companies may try to minimize what they pay, and important evidence can be lost if a case is not handled promptly. Having the right legal guidance can make a meaningful difference when determining liability and protecting your rights.
If you were injured in a commercial truck accident, it may help to speak with an attorney who can review your situation and explain your options. Call (312) 332-2872 or contact us online to learn how Levin & Perconti may be able to help.
