Potential Liable Parties in an Illinois Truck Accident

 Posted on June 16, 2023 in Personal Injury

While every accident claim has the potential to be complex, those involving commercial trucks can be especially difficult to process due to the potential of multiple liable parties. Liability refers to legal responsibility for the accident and resulting damages. When a person sustains injuries in a truck accident caused by someone else, Illinois law allows them to pursue legal action against those who are deemed liable for the accident in order to recover financial compensation for the losses their injuries have caused them. The following are some of the most common at-fault parties in a truck accident.

Truck Driver

The truck driver is often the first party to be assessed for liability. Some of the more common behaviors or actions truck drivers engage in that result in crashes include distracted driving, speeding, driving under the influence of alcohol or drugs, fatigue, or violation of traffic laws.

Trucking Company

Under the legal doctrine of “respondeat superior,” the trucking company that employs the driver can also be held responsible for the accident. Under this doctrine, an employer is legally responsible for the conduct of its employees. If the company failed to properly train and supervise the driver, conducted inadequate background checks, or violated regulations related to hours of service, maintenance, or loading of the truck, they may share liability for the accident.

Truck Manufacturer

If the accident was caused by a defective part or mechanical failure, the manufacturer of the truck or its components could be held liable. Design defects, manufacturing errors, or failure to provide adequate warnings about potential hazards are typical issues when the manufacturer is found to be liable.

Shipping or Loading Company

If improper loading or securing of cargo caused the accident, the shipping or loading company may be liable. Overloaded or unbalanced cargo can lead to instability, shifting loads, or loss of control, resulting in a truck accident.

Maintenance Provider

If a third-party maintenance provider was responsible for servicing the truck and their negligence or improper repairs contributed to the accident, they may share liability. Failure to address maintenance issues, faulty repairs, or inadequate inspections can all be factors in determining liability.

Contact a Rolling Meadows Truck Accident Lawyer

Determining liability in a truck accident requires a thorough investigation and analysis of the circumstances. Insurance companies, legal professionals, and accident reconstruction experts are typically involved in the process to assess the actions and responsibilities of each party involved. It is important to consult with an Arlington Heights truck accident attorney experienced in these cases to protect your rights and pursue the appropriate compensation for your damages. Call Newland & Newland, LLP at 847-797-8000 to schedule a free consultation and find out how we can help.