When a truck accident happens, figuring out who is at fault is one of the most important steps. Determining liability helps decide who pays for the damages, medical bills, and other losses caused by the crash. Without identifying who is responsible, it can be hard for victims to get the compensation they deserve.
Truck accidents often cause serious injuries or even deaths. These cases are more complex and costly than regular car accidents. That’s why knowing who is at fault is critical—not just for justice, but also for financial recovery.
If the right person or company is held liable, insurance claims can be handled properly, and victims can get support to recover. But if no one is clearly responsible, victims might be left with heavy medical bills and lost income.
Why Truck Accident Liability is Complex
Truck accidents are different from regular car accidents because more people and companies can be involved. It’s not just the truck driver—sometimes the trucking company, cargo loaders, or even the vehicle manufacturer can be partly responsible.
There are also strict federal and state rules that govern how trucks should be operated and maintained. If any of these rules are broken, it can affect who is legally responsible. For example, federal laws limit how many hours a truck driver can work without rest.
Because of all these layers—different people involved and various laws in play—truck accident cases are often more complicated. It takes a detailed investigation to figure out who did something wrong and how it led to the accident.
Key Factors That Determine Liability
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Driver Negligence
This means the truck driver made a mistake or acted carelessly on the road. For example, they might have been speeding, texting while driving, too tired, or under the influence of drugs or alcohol. If the accident happened because of the driver’s bad choices, they can be held responsible. -
Trucking Company Negligence
Sometimes the trucking company is at fault. Maybe they didn’t fix the truck properly, forced the driver to work long hours without rest, or didn’t train the driver well. In those cases, the company can be held liable for the crash. -
Equipment Failure or Mechanical Issues
If something on the truck broke down—like the brakes or tires—and that caused the crash, the fault may lie with whoever was responsible for maintaining the truck. This could be the company, a mechanic, or a manufacturer. -
Weather and Road Conditions
Poor weather like snow, ice, or rain can cause accidents. But even then, drivers are expected to slow down and drive safely. If the driver didn’t adjust to the weather, they might still be at fault. -
Cargo Loading Errors
Trucks need to carry loads in a very balanced and secure way. If cargo shifts during the drive because it wasn’t loaded right, the truck can tip or lose control. In such cases, the people or company who loaded the truck may be responsible.
Evidence Used to Prove Fault
To figure out who is at fault, lawyers and investigators gather different types of evidence. A police report is often the first document used—it contains official details about what happened and who might be at fault.
Witness statements are also important. People who saw the accident can describe what they saw, which helps confirm who was doing what at the time of the crash.
Technology also plays a big role. Trucks often have black box data or dashcam footage, which shows speed, braking, and more. Experts might also do an accident reconstruction, using data and pictures to recreate the crash. Lastly, logbooks and maintenance records can show if the driver took rest breaks or if the truck was properly maintained.
Illinois Comparative Negligence Law
Illinois follows something called modified comparative negligence. This means that more than one person can be partially at fault for an accident, and the blame is shared based on percentage.
If you are found to be less than 50% at fault, you can still get compensation—but the amount will be reduced based on your share of the blame. For example, if you are 20% at fault, your compensation will be reduced by 20%.
But if you are 50% or more at fault, you might not be able to collect anything at all. That’s why it’s important to have strong evidence to prove who is truly responsible and how much blame each party deserves.
Multiple Liable Parties: Who Can Be Sued?
1. The Truck Driver
If the driver made a mistake—like driving too fast, texting, or falling asleep—they can be blamed and sued for the accident.
2. The Trucking Company
The company that owns the truck might also be responsible. This happens if they didn’t take care of the vehicle, didn’t follow safety rules, or hired an unqualified driver.
3. The Truck Manufacturer
If a part of the truck was faulty—like bad brakes, tires, or steering—the company that made the truck or its parts could be held liable.
4. The Cargo Loading Company
Sometimes the truck is loaded by a third-party company. If they packed the truck incorrectly or didn’t secure the cargo properly, they could be at fault for causing the crash.
5. Maintenance Contractors
If a separate company was hired to take care of the truck’s maintenance and they didn’t do their job properly, they could be held responsible for any mechanical failure that led to the accident
Role of a Chicago Truck Accident Attorney
A skilled truck accident lawyer does a lot more than just go to court. First, they help investigate the accident by collecting evidence, talking to witnesses, and reviewing reports.
They also gather important documents, such as maintenance records, logbooks, and camera footage. This helps build a strong case and show exactly who is responsible for the crash.
Next, attorneys negotiate with insurance companies. Insurers often try to pay less, but a lawyer fights to make sure victims get fair compensation. If a fair settlement isn’t possible, the lawyer can represent you in court and fight for your rights before a judge or jury.
What to Do After a Truck Accident in Chicago
Right after a truck accident, your safety is the top priority. If you’re able, call 911, move to a safe spot, and get medical help. Even if you feel okay, injuries sometimes show up later, so it’s best to get checked.
Try to document everything—take photos of the accident scene, vehicle damage, license plates, and your injuries. Get names and contact information from witnesses and other drivers.
Most importantly, contact a Chicago truck accident lawyer as soon as possible. The sooner they can start working on your case, the better the chances of getting full compensation. Time matters when it comes to collecting evidence and filing claims.
Speak to a Chicago Truck Accident Attorney Now
If you or someone you love has been injured in a truck accident, don’t wait to get help. Phillips Law Offices has experienced truck accident attorneys who understand the complex laws and know how to fight for your rights.
Our lawyers can guide you through every step—investigating the crash, collecting evidence, handling insurance companies, and taking your case to court if needed. You don’t have to face this difficult time alone.
A good lawyer can make a big difference in how much compensation you receive and how quickly you recover. Contact Phillips Law Offices today for a free consultation at (312) 598-0917 and find out how we can help you get justice and peace of mind.
Interesting Reads:
How Negligence Is Established in a Truck Accident?
What happens when a truck driver has an accident?
How to Prove Fault in a Chicago Truck Accident Case
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