Establishing Liability in Illinois Truck Accidents

Proving Negligence in an Illinois Truck Accident

When you have suffered critical injuries in a truck accident, your attorney will be responsible for showing that the liable party owed you a duty of care.

For example, all motorists have a duty of care to other drivers and passengers sharing the roadways in Illinois. This means all drivers must use ordinary and reasonable care to prevent harm to their passengers and other motorists.

The liable party in your case must have somehow breached their duty of care, ultimately causing your injuries and damages.

Who Is at Fault in A Truck Accident?

Multiple parties could be responsible for causing your truck accident injuries. Your lawyer will carefully investigate the cause of your collision to determine who is at fault and how your accident occurred. Some parties who are commonly named in Illinois truck accident insurance and civil claims include:

Trucking Companies

Trucking companies can be held accountable for accident victim’s damages and injuries in a variety of circumstances.

For example, if a truck driver is responsible for causing your accident, the trucking company could be held accountable if they knowingly hired an unskilled truck driver or forced the truck driver to work beyond the maximum number of hours allowed based on the Federal Motor Carrier Safety Administration (FMCSA) regulations.

Trucking companies could also be held accountable when they fail to make necessary repairs to trucks and truck equipment or set unrealistic standards for their truckers. Any time truck companies cut corners to further their financial interests, they could be held accountable for any damages victims sustain.

Truck Drivers

Truck drivers are commonly held accountable for causing trucking accidents. When truckers operate the tractor-trailer under the influence of drugs or alcohol, drive distracted, or are otherwise in violation of local, state, or federal traffic laws, they can be named in truck accident lawsuits.

They can also be responsible if they violate FMCSA regulations, do not make necessary repairs to their big rig, follow safety inspection protocols, or are otherwise negligent in their care, safety, or operation of the 18-wheeler.

Cargo Loaders

Many truck accidents involve lost loads and unsecured cargo within the tractor-trailer. Cargo loaders who failed to use necessary safety equipment, load cargo correctly, or report safety concerns to their supervisors could be named in a truck accident lawsuit or insurance claim.

Parts Manufacturers

When truck parts are defective or malfunction, the manufacturers of these parts can be responsible for compensating injury victims for their damages.

If parts have not been recalled, truck dealerships cut corners in building tractor trailers, or parts manufacturers are otherwise in violation of local, state, or federal laws, they can be named in your truck accident lawsuit. However, parts designers, distributors, retailers, suppliers, and other third parties could also share fault.

Evidence in a Truck Accident Case

Various evidence could be used to prove liability and negligence in a truck accident case in Illinois. Some examples include:

• Vehicle maintenance records
• Reports from accident reconstructionists
• Witness statements
• Testimony from expert witnesses
• Black box data
• Chemical blood alcohol test results
• The truckers cell phone records

Your Truck Accident Lawyer Can Help You Pursue Compensation

When you are struggling to heal from your injuries, the last thing you want to deal with is a difficult lawsuit.

Fortunately, when you have our Illinois truck accident lawyers on your side, you can heal from your injuries while we work on the legal details of your case. Here is what to expect after you hire us to get the most out of your claim:

1. We begin by investigating how your truck accident occurred
2. We gather evidence needed to prove fault and negligence for your truck accident damages
3. We review your damages in detail to determine the value of your truck accident claim
4. We prepare to file your truck accident insurance and civil claims
5. We negotiate with the insurance company on your behalf
6. We bring your case to trial if insurance does not cover your damages entirely

Contact an Illinois Truck Accident Lawyer for Help Today

When you’ve suffered injuries in a commercial truck accident, having an experienced attorney on your side who can gather the evidence needed to prove liability and negligence is paramount. Reach out to a reputable Illinois truck accident lawyer at Staver Accident Injury Lawyers, P.C., for a no-cost, risk-free consultation today.

Find out more about who could be responsible for your damages when you complete our quick contact form or call our office at (312) 236-2900 to get started on your insurance and civil claims.