Estes Express Lines is one of the largest shipping and trucking companies in the U.S., specializing in smaller parcels and deliveries under a whole truckload. Based out of Richmond, VA, Estes operates in Illinois and may be involved in all kinds of trucking accidents in our state.
To sue any trucking company, including Estes, your lawyers have to do a full investigation to see whether that trucking company is responsible and in what capacity. We cannot pick a target for our lawsuit, then find the facts later. This means getting your medical records, vehicle damage reports, and testimony and photos from the accident. Then, we can bring a claim against their insurance and take them to court, if needed.
For help with your potential case, call Rhatigan Law Offices’ Chicago, IL truck accident lawyers at (312) 598-0014 today.
Grounds to Sue Estes Express Lines for a Truck Accident
Claims are often brought against trucking companies in two ways: directly or vicariously.
Direct Liability
Trucking companies are responsible for their own actions that cause a crash. Estes Express Lines owns tractor-trailers and other vehicles, and it hires thousands of drivers, which could result in these kinds of mistakes:
- Negligent hiring of drivers they should have known were dangerous
- Negligent retention of dangerous drivers after a history of accidents or violations
- Negligent maintenance or inspection of vehicles
- Hours of service violations
- Other regulatory and equipment violations.
In these cases, we need to prove that they were responsible for the crash by breaching some legal duty.
Vicarious Liability
Instead of being held responsible for something it did directly, the company can also be held responsible for something its employee did. This often means holding a trucking company like Estes responsible for a crash its driver caused while on duty.
This requires showing three elements:
- The driver was an employee, not an independent contractor (i.e., the trucking company had control over the worker).
- The driver was working within the scope of their duty when they caused the crash.
- The driver was responsible for the crash, usually through negligence (a breach of a legal duty that causes the crash).
This means that the trucking company doesn’t need to be at fault directly, but they are held vicariously responsible in place of their driver.
How to Bring a Lawsuit Against Estes Express Lines
Trucking accident lawyers usually follow these steps to initiate the claim and get your case into court:
Investigations
We start by investigating, rather than jumping to the conclusion that Estes was responsible. Our Illinois truck accident lawyers can look at the evidence you gathered at the scene, request driver logs and any video or photos they have, look at police reports, investigate the damage reports, and determine who we think is responsible.
Building the Case
From there, we formulate our case by putting together our view of how the accident happened, who was responsible, and what damages you suffered.
This is all presented to the court in a filing called a complaint. However, we usually try to take cases through insurance before filing a lawsuit.
Insurance Claims
If we can file an insurance claim for your case against the trucker’s insurance and Estes’ insurance, then we may be able to settle the case. If they are willing to pay full damages, and you are willing to accept the settlement, we can end the case much sooner than if it went to trial.
However, insurance settlements are often low, and only through negotiations can we arrive at a settlement that actually covers your damages.
Filing the Lawsuit
If insurance will not pay the full value, we can file our complaint in court. We also serve the defense with a copy of the complaint to start the proceedings.
Pre-Trial Hearings
There are many filings and hearings that take place early on in a case. These handle legal issues, like whether our filings are sufficient and whether certain evidence can be used or excluded.
Discovery
During the discovery stage, we exchange evidence and depositions with the defense. No one goes into trial with missing information, and both sides get the chance to collect all relevant info.
Usually, after this stage, all the cards are on the table, and everyone knows their chances of winning at trial. If the case does not settle by this point, it often goes to trial.
Trial
At trial, we put on our case by presenting evidence and arguments. The defense can cross-examine, and then the roles are reversed when the defense puts on its case. At the end, the jury decides fault and damages.
FAQs for Suing Estes Express Lines in Illinois
Can You Sue Estes in Illinois if They’re from Virginia?
Lawsuits against businesses can often be filed in the place where the business is headquartered, but you can usually sue them in places they operate, too. In any case, trucking accidents are usually handled where the crash happened.
This means you are usually able to sue Estes in Illinois for a crash that happened in Illinois, even though they are from Virginia.
How Do You Know if Estes is Responsible?
If the driver was working as an employee for Estes when they caused the crash, then Estes can often be held responsible in their place. Estes can also be liable if its truck had maintenance issues, if they negligently hired a dangerous driver, or if they otherwise caused the accident directly.
Can Other Drivers Be Responsible?
Sometimes trucking accidents are not the trucking company’s fault at all, and another driver might be responsible. This is why we investigate first: to find the parties that are truly at fault for the crash.
What if You Were Partially Liable?
You may still be able to sue a truck driver or trucking company like Estes Express Lines after crash if you were partially responsible. The court can assign a percentage of partial blame to each party that shares responsibility for the crash, and they still pay their share of the damages.
If you had a percentage of fault, you lose that percentage of total damages. You are only blocked from recovering if the jury finds you were more than 50% at fault.
Call Our Truck Accident Lawyers in Illinois Today
For your free case evaluation, call the Aurora, IL truck accident attorneys at Rhatigan Law Offices at (312) 598-0014.
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