When a truck accident happens, victims or their families often wonder: Can the trucking company be held responsible for the actions of its drivers? In Illinois, the trucking company that employs the driver involved in the accident may be liable for the driver’s conduct under the legal principle known as respondeat superior.
For assistance in pursuing compensation after your trucking accident, call Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Are Trucking Companies Liable if You Were Hit by a Commercial Vehicle?
In 2021, the National Highway Traffic Safety Administration reported 5,788 fatalities and approximately 154,993 injuries from crashes involving large trucks. You should know what to expect after a truck accident. The first step is to determine fault and liability. Liability is the responsibility to compensate victims for injuries, and fault lies with the party who caused the accident.
In truck accidents, the at-fault party may not be the only one liable. Unlike typical car accidents, where you may sue just the other driver, truck accident claims can involve multiple parties, including the truck driver, their employer, the truck owner, and even those responsible for loading or maintaining the truck. Some drivers may be independent contractors, further complicating commercial vehicle accident liability.
Trucking companies can be held liable under the respondeat superior legal principle, meaning they are responsible for employees’ actions during work. However, companies often contest this by claiming the driver was an independent contractor or not working at the time of the accident. For liability to hold, the driver must be an employee acting within their employment scope.
When Are Drivers Acting Within the Scope of Employment?
For a trucking company to be held liable, the truck driver must be an employee who was performing work duties at the time of the incident for the benefit of the employer, which is referred to as acting within the scope of employment. Courts typically examine several factors:
- the driver’s intention when the accident occurred
- the context, timing, and location of the driver’s actions
- the trucking company for which the driver was employed
- actions that an employer could reasonably expect the driver to take, and
- the level of autonomy the driver generally has in executing their tasks.
For instance, if a truck driver collides with your vehicle while making a delivery, the employer will likely be responsible for the damages since the driver was within the scope of employment at that moment. Conversely, if the driver leaves work early to attend a basketball game and causes an accident near the stadium, the employer could argue that they are not liable, as the driver wasn’t acting within the scope of employment at the time of the incident.
How Insurance Coverage Works After a Commercial Vehicle Collision in Naperville
Truck accidents differ from car accidents, especially in terms of insurance coverage. In Illinois, car insurance is based on fault, meaning the responsible driver pays for damages. If the at-fault driver has insurance, it covers medical expenses, lost wages, and property damage.
All vehicles in Illinois, whether for personal or business use, must meet minimum insurance requirements, which include $25,000 per person for bodily injury, $50,000 per accident for bodily injury, $20,000 per accident for property damage, $25,000 per person for uninsured motorist coverage, and $50,000 per accident for uninsured motorist coverage. Trucking companies may choose higher liability limits depending on their vehicles and how they are used.
Federal Commercial Truck Insurance Limits
The Federal Motor Carrier Safety Administration (FMCSA) outlines the insurance requirements for interstate commercial trucks. According to FMCSA standards, commercial truck drivers must hold public liability insurance that includes coverage for bodily injury, property damage, and environmental restoration.
The minimum required insurance varies based on the truck’s weight and the type of cargo transported. For instance, trucks carrying non-hazardous freight and weighing less than 10,001 lbs need a minimum of $300,000 in coverage. Those over 10,001 lbs require at least $750,000. When it comes to oil transported by both for-hire and private carriers, the minimum limit is set at $1 million, while other hazardous materials transported by the same types of carriers must have a coverage limit of $5 million.
These federal minimum coverage requirements are considerably higher for commercial trucks compared to personal vehicles. Therefore, victims involved in accidents with trucks can often recover much more compensation than those involved with smaller cars. However, obtaining that compensation usually entails the assistance of an experienced commercial truck accident lawyer in Naperville who can effectively investigate the incident and build a strong case.
The Claims Process
Navigating the legal journey from filing a claim to securing a settlement after a truck accident in Illinois involves several important steps:
Consult with a Lawyer
Once you’ve received medical care, the next step is to connect with truck accident attorneys. They know truck accident tips, can evaluate your case, clarify your legal options, explain how liability is determined in a truck accident, and guide you through the subsequent process.
Gather Evidence
Your lawyer will carry out a comprehensive investigation of the accident. This may include collecting evidence, talking to witnesses, reviewing the trucking company’s records, and potentially engaging accident reconstruction specialists.
Initiate a Claim
With the gathered evidence, your attorney will assist in filing an insurance claim against the responsible party’s insurance provider. This claim should detail your request for compensation regarding your injuries and other associated losses.
Negotiate a Settlement
Following the claim, the next step involves negotiating with the insurance company. Your motor vehicle accident lawyer will advocate on your behalf to aim for a just settlement, which might take some time and require several negotiation attempts.
Legal Proceedings
If negotiations do not lead to a satisfactory settlement, your attorney might suggest filing a lawsuit. This will initiate a discovery phase, where both parties gather information on each other’s claims and defenses. This stage could involve depositions, interrogatories, and requests for documents.
Reach a Settlement or Go to Trial
Many cases are resolved before reaching the trial stage. If a settlement is achieved, you will receive the negotiated compensation. However, if the case goes to trial, a judge or jury will determine the outcome. If you prevail in court, the defendant will be ordered to pay a specified amount.
When to Contact a Truck Accident Lawyer in Naperville
It requires time and effort for your truck accident lawyer to ensure all parties responsible for your injuries are held accountable. Therefore, seeking legal assistance promptly after the accident is crucial to begin the process.
- Statute of Limitations: If you don’t file a lawsuit within the two-year window, you could lose the right to seek legal compensation.
- Insurance Company Tactics: Insurers may attempt to downplay your claim. Having a lawyer on your side can help you counter their strategies and work towards a reasonable settlement.
- Investigations: Truck accident cases tend to be intricate, involving various parties and regulatory issues. A lawyer can conduct a thorough investigation, identify who is at fault, and collect necessary evidence.
- Negotiating with Insurance: Your lawyer can handle negotiations with insurance providers, aiming to secure the full compensation for your injuries, lost wages, and other damages incurred.
- Preserving Evidence: Attorneys can assist in preserving vital evidence such as photos of the accident scene, vehicle damage, and statements from witnesses.
- Navigating the Court System: A lawyer can guide you through the court system, ensuring that your case is managed properly and efficiently.
Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for assistance in seeking compensation by submitting an insurance claim to the trucking company’s insurance following your accident.
