You may have to prove that the trucking company was specifically negligent and caused the accident, not merely that the truck driver was negligent and that their employer is at fault under vicarious liability. This can be a challenge, and you may need a lawyer’s help.
Vehicle maintenance and repair logs, truck black box data, driver qualification and hiring records, and hours of service logs are just some of the evidence we can use to establish the trucking company’s negligence. Trucking companies may be negligent for hiring inexperienced drivers, failing to service or inspect vehicles, and encouraging truckers to continue driving despite fatigue.
Call the Rhatigan Law Offices today at (312) 598-0014 for a free case assessment from our Chicago, IL truck accident lawyers.
What Evidence Helps Prove a Trucking Company Was Negligent in Illinois?
After an accident, our lawyers can seek evidence that speaks to the trucking company’s negligence rather than only the individual truck driver’s.
Truck Maintenance and Service Logs
Trucking companies are responsible for ensuring that the trucks they own and operate are in good working order and safe to operate on the road at the required speeds and for the required duration. Our attorneys may obtain vehicle maintenance and repair logs for the specific truck involved in your accident to determine whether or not the trucking company complied with inspection requirements.
Ignoring known vehicle defects may even constitute gross negligence or recklessness and warrant punitive damages in Illinois.
Truck Black Box Data
Most commercial trucks have event data recorders, also known as “black boxes.” These devices store information from the moments leading up to a collision. Black box data may tell us whether the truck driver lost steering control, tried to apply the brakes but the brakes failed, or if another vehicle-specific issue caused the accident.
When combined with vehicle maintenance logs and other evidence, our lawyer may use black box data to help prove that a negligent trucking company failed to perform the proper daily checks and general maintenance required of it by its duty of care.
Driver Qualification and Hiring Records
If a truck driver lacked the necessary qualifications when they applied for a position at a trucking company, and the trucking company hired them anyway, that is considered negligence on the trucking company’s part. After filing a lawsuit, we can request and obtain files from the trucker’s hiring process to determine whether they were qualified or had a known history of accidents in other trucking positions before being hired by their current employer.
Pre-employment screening program reports from the Federal Motor Carrier Safety Administration are important in the hiring process and provide information about a driver’s past 5 years of accidents and 3 years of roadside inspections. Employers should review these reports during the hiring process.
Hours of Service Logs
Truckers are required to log their hours of service to ensure they comply with federal limits on driving commercial trucks for too many consecutive hours without sleep. These logs can tell us whether a driver failed to track their hours properly or drove for too many consecutive hours without sleep at the time of the accident.
Trucking companies are negligent when they encourage truck drivers to drive longer than allowed without sleep to meet tight delivery deadlines, or when they ignore incomplete or inaccurate driving logs.
What’s Required to Prove a Trucking Company Was Negligent in Illinois?
Our lawyers must establish certain facts to prove that a trucking company was negligent and should be held liable for your damages from a truck accident.
For a defendant to be negligent, they must have owed the plaintiff a duty of care. Trucking companies owe other drivers on the road a duty to ensure trucks are safe to drive and that the truckers driving them are qualified.
We can prove a trucking company was negligent by showing exactly how it breached the duty of care it owed you and other drivers on the road, such as by neglecting inspections and maintenance, hiring an unqualified driver, incentivizing drivers to work longer hours without sleep, and improperly loading cargo onto trucks.
Why Do You Need a Lawyer to Prove a Trucking Company Was Negligent in Illinois?
Trucking companies are often large, powerful businesses with teams of attorneys ready to defend them against accident lawsuits. You need a lawyer who can stand up to a large trucking company and demand the compensation you deserve.
Send Spoliation Letters
Our Joliet, IL truck accident lawyers know how to write and send spoliation letters to trucking companies so that they know not to destroy important evidence we may need for your case, such as vehicle inspection records or driver qualification files.
Writing and sending these letters as soon as possible is crucial in preserving internal records as evidence for a truck accident case.
Involve Expert Witnesses
We can strengthen your compensation claim and our assertions of a trucking company’s negligence with the support of expert witnesses. Vehicular experts may be able to testify about the likely speed of a truck at the time of impact, why brakes or steering controls failed, and other important information that indicates negligence and liability.
Litigate the Case in Court
You may also need a lawyer to litigate the case in court if it comes to that. Although most plaintiffs settle injury claims with trucking companies, settlement is not required. In fact, we may encourage you to go to court if the trucking company’s conduct warrants punitive damages, which are only available in trials. We can guide you through the entire process of a lawsuit, from filing the case and navigating the discovery phase to potentially settling or going to court.
Reach Out About Your Illinois Truck Accident Today
You can call Rhatigan Law Offices at (312) 598-0014 for a free case discussion with our Rockford, IL truck accident lawyers.
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