You may be eligible to sue a trucking company if you can demonstrate with clear and compelling evidence that you were injured due to an accident resulting from a trucker’s or trucking company’s negligent actions. Compensatory damages are available for harm caused by a truck accident. Punitive damages may also be available in rare instances. You may collect wrongful death damages if the accident killed a family member.
Seeking legal assistance can make you more likely to win a truck accident lawsuit and obtain full compensation. It can also allow you to commence the legal process and healing journey with knowledge of what to anticipate after a truck accident and how to sue a trucking company.
Find out if you can sue a trucking company after an accident from our truck accident lawyers at Chute, O’Malley, Knobloch, and Turcy, LLC. Call us now at 630-412-4747.
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Trucking Accidents and Liability
Trucking accidents often result in catastrophic consequences, including debilitating injuries, fatalities, and substantial property damages. As of August 22, 2024, Illinois has already recorded 79 truck accident fatalities. The number will be most likely higher by the end of 2024.
Identifying the liable parties following a truck accident in Naperville, Illinois, can be an arduous task. This is because multiple parties may have contributed to the crash. Truck accident insurance investigations focus on determining the conditions that led to the accident to identify the liable party.
The following parties can assume liability after your truck accident:
The Truck Driver
Truck accident liability often falls on the driver. Truck drivers have a legal obligation to exercise a high level of caution when driving their vehicles. They must strictly adhere to traffic statutes and federal trucking regulations. You can pursue damages for injuries and other losses incurred in an accident caused by a negligent driver.
Negligent actions that can cause liability to lie on the truck driver include distracted driving, driving under the influence of drugs, alcohol, or some prescription medicines, and fatigued driving. Truck driver liability can also arise in an accident caused by going over posted speed limits and aggressive driving.
The Trucking Company
The trucking company may also be liable for trucking accidents. Trucking companies have a legal responsibility to make sure that their vehicles are in good condition and that the drivers are competent, well-trained, and adequately supervised.
Trucking company liability may arise in an accident caused by an impaired driver who has several prior DUI convictions. This type of case indicates that the company was negligent in hiring a driver with a history of substance abuse.
A trucking company can be liable if it promotes or enables dangerous driving behaviors, directly or indirectly. One example is when the company pushes its drivers to meet difficult delivery deadlines or operate past the permitted hours.
The legal concept of vicarious liability means the trucking company may still bear liability for its driver’s actions even if the company did not directly cause an accident through its negligent actions. This legal doctrine applies when a driver’s negligence happens within the context of employment.
The Cargo Loader or Shipper
The party or entity in charge of loading cargo into the truck may be partially liable in some truck accidents. A serious accident can occur when a large truck suddenly loses balance or tips over because of an incorrectly loaded or fastened cargo. Liability may lie on the cargo loader or shipper in such an accident.
Negligence in cargo loading may result in liability if the loader surpasses the weight limits, does not load and secure the cargo correctly, or fails to follow procedures for loading hazardous materials. Loading documentation and lading bills are some documents that may contain details of a liable cargo loader or shipper.
The Truck or Parts Manufacturer
The truck or parts manufacturer may assume liability in a truck accident caused by a fault or failure in the vehicle or its parts. Some commonly defective truck parts include the braking system, the steering, ball joints, and tires.
Manufacturers must design, make, and sell safe products. You have a right to seek financial compensation from a manufacturer if a defect in the truck or its part contributed to your accident and resulting injuries.
Government Agencies and Private Contractors
You may hold the local or state road authority liable if your injuries stemmed from a truck accident caused by poor road conditions. These conditions include poor pavement conditions, potholes, and insufficient signage.
You may also hold a private contractor accountable if the truck accident that injured you was caused by unsafe road conditions created by that contractor.
What Are the Legal Requirements for Filing a Lawsuit Against a Trucking Company in Illinois?
You must demonstrate negligence to successfully sue a trucking company in Illinois. The elements of negligence you need to demonstrate include:
- The trucking company had a legal obligation to ensure your safety
- The company did not honor that obligation
- The company’s actions directly caused your accident
- The accident directly caused your injuries, economic losses, and non-economic losses
Another legal requirement you must meet is the statute of limitations for your case. Illinois gives you two years from when you were injured in a truck accident to sue the trucking company and any other liable party. The court will not hear your case if you file past this deadline, unless you are eligible for an exception to the filing deadline.
What Are the Stages of a Truck Accident Lawsuit in Illinois?
A truck accident lawsuit begins with filing a complaint. Then, settlement negotiations take place. If negotiations are unsuccessful, the case goes to trial.
Filing a Complaint
A lawsuit against a trucking company in Illinois begins when you file a complaint at the circuit court where the accident happened or the county where the trucking company operates. You must also complete and submit a summons, civil cover sheet, and other relevant documents.
The complaint must describe your claim, the legal theories supporting your arguments, and the type and amount of damages you are pursuing.
The complaint officially notifies the trucking company that you have started an injury claim against it and offers a chance to reply. So, you must deliver a copy of the complaint, summons, and other relevant documents to the trucking company’s owner or manager.
Pre-trial Settlement Negotiations
Settlement talks between your lawyer and the trucking company’s lawyer may happen after you file the complaint. The goal is to settle the matter without moving to trial.
Discovery Phase
The lawsuit will move to the discovery phase if the pre-trial negotiations are unsuccessful. During this phase, your lawyer will obtain evidence and information from the defense team to strengthen your case. The trucking company’s legal team will also obtain evidence from you and your attorney.
Common discovery methods include depositions, interrogatories, and independent medical examinations. Other options for discovering evidence and information to support your case include requests for productions and admissions.
Pre-Trial Motions
Most truck accidents go through a phase of pre-trial motions before trial. These motions ask the court to rule on legal matters before the case proceeds to trial.
Mediation
Some cases may enter a mediation phase before proceeding to trial. This phase involves a neutral third party overseeing negotiations between your lawyer and the defendant’s lawyer to help them arrive at an agreement.
Trial Proceedings
The case will move to trial if efforts to resolve it through negotiation and mediation fail. Lawyers for both the plaintiff and defendant will present their cases in court. The judge or jury will then examine the strength and legitimacy of the evidence and arguments presented to decide whether the defendant is legally responsible for the truck accident. If so, the judge or jury will award compensation to the plaintiff and order the defendant to comply with the order.
Your truck accident claim timeline will depend on the stage at which a resolution is reached. Cases that go to trial take longer than those that resolve before and immediately after a lawsuit is filed.
What Compensation Is Available for a Truck Accident?
The consequences of a truck accident are not limited to just physical injuries. They affect virtually every aspect of your life. You may develop mental distress and experience financial constraints because of costly medical bills and loss of wages or income. Catastrophic crashes may leave you with long-term disabilities, which can hurt the quality of your life.
Fortunately, you can recover damages and losses suffered by initiating a claim or lawsuit against a trucking company and other responsible parties. Compensatory damages are available if you can prove liability against the negligent party through an insurance or lawsuit process. These damages compensate you for economic and non-economic losses resulting from the crash.
Economic Damages
This category compensates you for losses that have an actual monetary value. Recoverable economic damages include:
- Medical Bills – They constitute costs accrued in treating and caring for your truck accident injuries. They include payments to your doctor, hospital, medical device store, drug store, and physical therapist. Your total medical bills should account for the cost of care or treatment you may require in the future.
- Home Modification Costs – Costs of adjusting your home to accommodate your injuries are also part of your recoverable damages. A serious spine injury, for instance, may require you to modify your kitchen and bathroom to ensure easier mobility.
- Lost Wages: You may take a break from work to get medical attention and heal from your truck accident injuries. Lost wages or income damages will cover all the money you lost because of missing work for a long duration. This category of damages should account for reduced capacity to work or loss of earning potential if your injuries allow you to work in a limited capacity or render you unable to work permanently.
Non-Economic Damages
This category includes non-financial losses. In other words, they are real losses that do not have an actual monetary value. Recoverable non-economic damages include physical discomfort and anguish, emotional distress, and psychological trauma resulting from the accident, injuries, and aggressive treatment procedures. They also constitute compensation for your reduced quality of life caused by loss of enjoyment of life, disfigurement, and permanent disability.
Punitive Damages
You may obtain punitive damages following a successful truck accident lawsuit. The goal of these damages is to penalize negligent parties for their careless actions. Courts rarely award these damages.
Your case must meet legal requirements to be eligible for a punitive damages award. You may get punitive damages if the liable party was grossly negligent or acted with deliberate intent to harm you.
Wrongful Death Damages
These damages are available if you lose a family member in a truck accident caused by another party’s or entity’s negligence. The value of these damages depends on the deceased person’s age, earning capacity, and medical costs accrued before death.
Although no amount of compensation can return you to your pre-injury life or replace a deceased loved one, pursuing and receiving compensation can help reduce financial strain. Truck accident lawyers can determine how much compensation you are entitled to and use effective legal strategies to ensure a successful financial recovery.
Still wondering if you can sue a trucking company after an accident? Truck accident lawyers at Chute, O’Malley, Knobloch, and Turcy, LLC can guide you on your legal rights and help you pursue justice and decent compensation from a liable trucking company. Contact us to schedule a free consultation.