The nation depends on commercial trucks as key links in the supply chain. Large commercial trucks, box trucks, and buses bring necessary goods and services into and out of states like Illinois. While Illinois residents rely on commercial vehicles, these large trucks and buses far outweigh standard family cars, leaving motorists vulnerable to severe or catastrophic injuries in a crash. All car accident claims can become complex, but an accident involving a commercial vehicle presents unique challenges. Contact our auto accident lawyer in Chicago for a free consultation.

Understanding Liability In Illinois Car vs. Truck Accident Claims

One complicated aspect of accident claims involving commercial trucks is determining the correct liable party. While a negligent driver is most commonly liable in a car accident claim, many different entities are involved in keeping a commercial vehicle well-maintained, safely loaded, and driven by a qualified driver. Trucking and busing companies must follow Federal Motor Carrier Safety Administration (FMCSA) regulations. 

Proving liability in car accidents involving commercial vehicles requires an investigation to determine the cause of the accident and the responsible party or multiple liable parties. Proving liability requires evidence demonstrating the following:

  • The at-fault party owed a duty of care to the injury victim, such as a truck driver’s duty to follow hours-of-service limits, or a trucking company’s duty to properly maintain its trucks
  • They breached their duty of care through negligence
  • The breach of duty directly caused the accident and injury
  • The injury victim suffered damages from the injury

Trucking companies have powerful insurance companies that assign adjusters to investigate commercial vehicle accident claims. Unfortunately, these insurance companies are not on the injury victim’s side. Instead, their goal is to minimize their policyholder’s liability, often by disputing or undervaluing claims.

They may even assign an undue portion of fault to the injury victim to reduce what they must pay on the claim under the modified comparative negligence system. An assertive accident attorney represents the injury victim’s best interests by conducting an independent investigation.

Who May Be At Fault In a Commercial Vehicle Car Accident Claim?

Depending on the circumstances of the accident, one or more of the following parties could be at fault or share fault in a commercial vehicle accident case:

  • The truck driver
  • The trucking company
  • A negligent truck maintenance company
  • A negligent freight loading company
  • The manufacturer of a defective truck part or tire

In some cases, other entities not involved in the commercial vehicle industry could be found at fault or partly at fault for the accident. For example, if a third-party driver caused the crash, or if a negligent road maintenance agency failed to repair a dangerous pothole or other condition.

Recovering Damages In a Car Accident Involving a Commercial Vehicle

Commercial vehicle companies often carry far more extensive insurance coverage than the minimum required insurance carried by most Illinois drivers. An experienced commercial truck accident lawyer in Chicago first compiles evidence of the at-fault party’s liability, and then carefully calculates an injury victim’s damages, like total medical expenses, total income loss, diminished earning ability due to disability, and compensation for pain and suffering. Then, they submit their findings to the appropriate insurer and negotiate for the largest possible settlement.

When an injury victim has legal representation in a commercial vehicle accident claim, most cases end with a settlement; however, about 4% of claims require litigation if an insurer disputes or undervalues the claim.

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