Semi-truck accidents can be major disasters, and multiple people may be badly hurt. Determining fault for such accidents is important, but numerous parties may bear the blame. If you were hurt, call a lawyer who can help you sue those responsible for damages.
Injured plaintiffs are often quick to place blame on negligent truck drivers. While negligent truck drivers indeed cause many accidents, they may only be the tip of the legal iceberg. Often, the truck driver’s employer, the trucking company, is also legally responsible. They may be held vicariously liable just for employing the negligent trucker, or directly liable for any number of other reasons. Still, other drivers involved in the accident and even third parties not directly involved at all may bear blame for the crash.
Ask our Chicago, IL truck accident attorneys for a free, private legal analysis by calling the Rhatigan Law Offices at (312) 598-0014.
Suing People or Entities Responsible for a Semi-Truck Accident?
Several people or entities may be held responsible for a semi-truck accident, and your lawyer can help you investigate to determine who is at fault.
The Truck Driver
Often, the truck driver involved in the accident is directly responsible. Common acts of negligence include speeding, driving while overly tired, distracted driving, and ordinary traffic code violations. We may need to wait for the police to complete a formal investigation into the accident before our Cicero, IL truck accident lawyers can determine whether the truck driver is responsible.
The Trucking Company
If the truck driver is found responsible for the accident, their employer, the trucking company, may be held vicariously liable. Under the legal theory of respondeat superior, an employer may be held vicariously liable for injuries caused by employees who acted negligently while in furtherance of their normal duties.
Trucking companies can also be directly liable for things they did, such as negligent vehicle upkeep.
Other Drivers
Truck accidents often involve multiple drivers. While some of these drivers are victims of the crash, others may play a role in causing it. For example, another driver might have negligently cut off the trucker while the trucker was speeding, causing the trucker to veer into other lanes of traffic. In that case, both the trucker and the other driver may be held responsible.
Again, we may need to review police reports about the accident before determining which drivers are responsible for the crash.
Third Parties You May Sue for a Semi-Truck Accident in Illinois
Sometimes, parties not directly involved in the accident may still be held responsible.
Manufacturers
Truck drivers and trucking companies rely on manufacturers to produce vehicles and vehicle parts. Semi-trucks are built for almost constant use and must be able to operate safely across long distances. If manufacturers produce a faulty truck, or newly installed vehicle parts are faulty, these manufacturers may be held responsible.
Cargo Loaders
Many trucking companies do not load cargo into the trucks themselves. Instead, they focus on transporting cargo, while other companies may be in charge of loading the cargo into the truck.
Cargo must be loaded in a way that maintains safety on the road, especially if cargo is heavy. Semi-truck trailers are very long, and if they are off balance because cargo is loaded improperly, an accident may occur, and the cargo loaders may be held responsible.
Maintenance Providers
Trucks require regular maintenance. When parts of the truck break down or wear out, they must be repaired or replaced. These mechanics generally work in house at trucking companies, but they may rely on third-party shops, which could put the third-party shop at fault.
How Do You Prove Liability for Semi-Truck Accidents?
Proving liability for a semi-truck accident requires proof by a preponderance of the evidence. To meet this burden, we must have the strongest evidence possible.
Security Cameras
Video footage of the accident may come from security cameras in the area. Private home sor businesses may have had cameras pointed toward the accident, or the truck itself may have had cameras. Whatever the case may be, we should obtain copies of the footage as soon as possible before it is inadvertently deleted.
Event Data Recorders
Many semi-trucks have event data recorders, also called black box devices, that record a myriad of data points while the truck is being operated. Data about speed, braking, rest periods, acceleration, and a whole host of other details may be preserved, and it may shed light on how the accident happened.
Business Records
When suing a trucking company, we will likely need copies of various business records to support your claims. Records about the truck driver, including how they were hired, whether they received safety training, and their driving history, may be obtained. We may also obtain records regarding the safety and maintenance of the truck. We may obtain these records during the discovery phase of the case.
What Should You Do if You Are Unsure Who is Liable for a Semi-Truck Accident?
If you are unsure about who caused the accident, your attorney can help you investigate. The police are likely already investigating the accident, and their report may help us determine who is responsible.
How Long After a Semi-Truck Accident Can You File a Lawsuit?
In Illinois, truck accident victims have 2 years from the date of the accident to file a personal injury claim, barring special conditions. If you do not file the case on time, you may be barred from ever bringing your claims.
Can More Than One Person Be Held Liable for a Semi-Truck Crash?
Yes. It is normal for multiple drivers or parties to be responsible for a semi-truck accident, not just the truck driver. The truck driver’s employer and third parties like manufacturers of truck parts, may share partial fault.
Can the Police Determine Liability for a Semi-Truck Accident?
The police may investigate an accident and write a formal report about their findings. Often, these findings may be used to assess possible criminal charges against negligent drivers. They can also lead us to evidence we can use to prove civil claims, but the police themselves are not in charge of determining civil liability.
Ask Our Illinois Truck Accident Lawyers for Help Now
Ask our Aurora, IL truck accident attorneys for a free, private legal analysis by calling the Rhatigan Law Offices at (312) 598-0014.
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