Determining who’s financially responsible after a truck accident isn’t always straightforward. In Illinois, liability often hinges on what the truck driver was doing at the time of the crash, and whether they were acting within the scope of their job duties.
When the Trucking Company Is Liable
If the driver was performing work-related tasks, such as transporting goods or making deliveries, the trucking company is usually held responsible. Under Illinois law, employers can be held liable for the actions of their employees when they’re acting on behalf of the business. This is called vicarious liability.
That means if a trucker causes a crash while hauling freight, following a delivery schedule, or even violating safety regulations while on duty (like driving while fatigued or improperly loading cargo), the employer may be on the hook for damages. Common damages can include medical bills, lost wages, vehicle repairs, and pain and suffering.
When the Driver May Be Personally Liable
Not every crash falls solely on the employer. If the driver was using the truck for personal reasons, like running errands or operating the vehicle during unauthorized off-hours, the company may argue that the driver was acting outside the scope of employment.
In these cases, responsibility may shift to the driver personally or sometimes to a third party. For example, if faulty brakes contributed to the accident, a repair company or parts manufacturer could be at fault. Depending on the facts, liability might also be shared between the driver and the company.
Illinois follows a modified comparative negligence system which can make liability even more nuanced, especially when other parties aside from either driver are involved. Truck accident investigations are critical — they reveal who was responsible, what went wrong, and who should be held accountable.
Determining Liability in a Truck Accident Requires Experience and Local Expertise
In truck accident cases, the odds are often stacked against victims from the start. Trucking companies and insurers act quickly to protect their interests, sometimes sending investigators to the scene within hours. While you’re recovering, they may already be building a case to minimize or deny your claim.
That’s why timing, strategy, and legal experience matter. At the Illinois Hammer, we have decades of legal experience of dealing with liability nuances in cases across Illinois.
Unlike typical car accidents, truck crashes involve more than just two drivers. Liability can stretch across a network of people and entities: the driver, the trucking company, a shipping contractor, a vehicle maintenance provider, or even the manufacturer of a faulty part. Due to multiple large commercial parties potentially involved in truck accidents and damages potentially being greater, oftentimes, the ceiling for your potential compensation after a truck accident is much higher.
And then there’s other added layers that can impact liability, like the evidence. Common evidence can include black box data, driver logs, employment records, inspection reports — much of which is controlled by the other side and can be lost or altered if not preserved quickly.
At The Illinois Hammer Injury Law Firm, we understand how high the stakes are. We act immediately to secure critical evidence, cut through red tape, and expose any safety violations or negligence that contributed to the crash. Our goal isn’t just to build a strong case — it’s to level the playing field so you’re not taken advantage of during a vulnerable time.
Let Us Hammer Out The Details of Liability After A Truck Accident
If you or a loved one has been injured in a truck accident, don’t leave your case in the hands of the insurance company. Contact us for a free consultation. We’ll help you identify liable parties and fight for the full compensation you deserve.
