Who is Responsible For a Truck Accident?
Truck accidents aren’t like other types of traffic accidents. Since trucks are driven commercially, they tend to be a lot more complicated. Many times, one or more parties can share responsibility for an accident involving a tractor-trailer, 18-wheeler, or semi-truck.
Potentially liable parties often include:
Truck Drivers
Truck drivers assume a heightened responsibility to operate a large commercial rig with care. Unfortunately, many truck drivers don’t take this duty seriously enough and make mistakes or rash decisions at the wheel.
Truck drivers can be liable for a truck accident when their negligence contributes to an accident.
Negligence can include:
- Speeding
- Distracted driving
- Drug and alcohol use
- Drowsy driving
- Unsafe passing
- Illegal turns
- Wide turns
- Failing to signal
- Blind spot errors
- Unsecured and/or improperly balanced cargo loads
- Failing to conduct necessary pre- and post-trip inspections
Negligence can involve violations of state and local traffic laws, as well as violations of critical FMCSA trucking regulations, such as driving in excess of hours of service limitations.
Trucking Companies
Trucking services can be liable for their own negligence or, in many cases, vicariously liable for a driver’s mistakes.
Trucking services are required to hire competent and qualified drivers, conduct regular inspections of its vehicles, ensure cargo is loaded and secured properly, and follow other safety regulations established by the state of Illinois and the Federal Motor Carrier Safety Administration (FMCSA). If a trucking service mistakenly or intentionally violates a safety regulation and that causes an accident, the service can be liable for resulting injuries or wrongful deaths.
Trucking companies can also be responsible when an employee’s negligence causes a truck accident.
Truck Manufacturers
Sometimes truck accidents are caused by auto defects – problems inherent in a truck or its components. When a truck defect affecting the tires, brakes, electrical system, or another part of the rig contributes to a collision, the truck manufacturer can be strictly liable for damages.
Other Drivers on the Road
Liability is shared by anyone who causes an accident with a large truck, including other motorists on the road. If the driver of a passenger vehicle, a motorcyclist, a bus driver, or another vehicle’s operator is negligent, they can bear responsibility for the consequences of the truck accident.
In fact, liability can even extend to crash victims themselves if they contributed to a truck accident in part.
Under Illinois’ modified comparative fault law, liability is proportionate to fault and has a direct impact on a plaintiff’s ability to recover damages. Compensation can only be awarded when shared fault is equal to or less than half.
Trust Our Chicago Truck Accident Attorneys to Help You Demand Accountability
Liability can only be established once the underlying cause(s) of a truck accident are understood. Determining the cause will require an in-depth, thorough investigation into the facts and circumstances of the truck crash.
Don’t let the trucking company call the shots or influence how liability is interpreted. Instead, call Taxman, Pollock, Murray & Bekkerman, LLC and put a resourceful, knowledgeable, and experienced legal team in your corner.
Our Chicago truck accident attorneys will carefully evaluate your case, determine who’s at fault, and stop at nothing until liable parties take steps to make you whole.
We’ve won over $750 million for our clients. Now, we’re ready to fight for your best interests, too. Contact our Chicago law office today to get started with a free consultation.