Yes — but it depends on the details of the case. In Illinois, you can sue if a truck driver who caused your accident was an independent contractor. However, holding the trucking company liable depends on whether that company had a meaningful level of control over the driver’s work.
Why Independent Contractor Status Doesn’t Automatically Shield a Company
Many trucking companies classify drivers as independent contractors to limit their legal liability. But under Illinois law, that label isn’t the final word. A company may still be held responsible if it played a direct role in:
- Hiring or failing to vet the driver
- Assigning routes or schedules
- Controlling safety procedures, equipment, or training
- Overseeing day-to-day job expectations
In short, if the company controlled key aspects of the driver’s job, it may still be liable for any resulting accidents — even if the driver wasn’t technically an employee.
When the Driver May Be Held Solely Liable
On the other hand, if there is no evidence of company control, and the driver was truly operating independently, then the driver may bear full legal responsibility. For example, if the driver chose their own route, set their own hours, maintained their own truck, and operated outside of company oversight, then a claim may need to be brought directly against the driver (and possibly their own insurance or business entity).
This is why these cases can be so complex — and why it’s critical to work with an attorney who knows how to investigate deeply.
We Leave No Stone Unturned
At Illinois Hammer, our legal team doesn’t just look at who was behind the wheel — we examine:
- Who owned the truck
- Who hired and trained the driver
- Who controlled routes, loads, and scheduling
- Whether state or federal trucking laws were violated
We also determine whether other parties, like maintenance contractors or cargo loaders, contributed to the crash. All of these details can impact your claim and the outcome of your case.
Talk to an Illinois Truck Accident Lawyer Today
If you’ve been injured in a truck accident involving an independent contractor, don’t assume the company is off the hook. You may still have legal options — but every case is different, and success often comes down to what the evidence shows about company control and negligence.
We offer free consultations and work on a no-win, no-fee basis. Let us review your case and help you understand your next steps with clarity and confidence.
