If you’ve been injured in a workplace vehicle accident due to someone else’s negligence, who isn’t your employer or coworker, you may be eligible for third-party claims. While filing a workers’ compensation claim is typically your first step, it often falls short of covering all your losses, such as pain, suffering, and future income. This is where a personal injury lawsuit becomes crucial, allowing you to pursue full compensation from the responsible parties.
If you’ve sustained injuries in a work-related vehicle accident, contact Chute, O’Malley, Knobloch & Turcy, LLC in Naperville, IL, at 312-775-0042 to explore your options for seeking compensation.
When Workplace Vehicle Accidents Lead to Third-Party Liability
In Illinois, if you’re involved in a work-related vehicle accident while performing job duties, like driving to job sites or making deliveries, you may sustain injuries and can pursue a third-party liability claim in addition to your workers’ compensation. To prove their liability, you must show that the other party was negligent by breaching their duty of care, causing your injuries. Scenarios that could lead to a third-party claim include:
- Collisions with other motorists: If you’re driving a company vehicle and another driver runs a red light or is distracted by their phone, resulting in an accident, that driver is considered the third party. This situation is one of the most common examples of a third-party claim.
- Defective equipment: If a mechanic in Naperville fails to maintain a vehicle properly, or if a defective component leads to the accident, the maintenance service or the manufacturer of the part could be deemed the third party.
- Unsafe properties or construction areas: If your company vehicle gets into an accident due to poorly maintained roads, hazards in construction zones that aren’t marked, or dangers on a property not owned by your employer, the municipal entity or property owner might be identified as the third party.
How to Determine Whether a Third Party Is Responsible for Your Injuries
To determine whether a third party is accountable for a workplace injury in Illinois, you must demonstrate four key elements of negligence: the existence of a duty of care owed to you, a breach of that duty, a direct link between the breach and your injury, and the resulting damages. In the case of a workplace vehicle accident, this might involve showing that a driver violated a traffic law, a vehicle manufacturer was responsible for a defect, or a property owner neglected to ensure safety.
The Four Elements of Negligence
Duty of Care
You must prove that the third party had a duty to act reasonably. Drivers are expected to follow traffic laws, while manufacturers must ensure their products are safe.
Breach of Duty
Demonstrate that the third party failed to fulfill their duty of care, which could involve negligent behaviors like speeding or selling unsafe products.
Causation
You need to show that the breach of duty directly led to the accident and your resulting injuries.
Damages
Illustrate the actual harm you suffered, such as medical expenses, lost wages, and other non-economic damages. These can include the hidden costs of a car accident that often go overlooked.
Filing Third-Party Claims After a Work-Related Vehicle Accident
In Illinois, to file a third-party claim after a work-related vehicle accident, you must prove the third party was at fault. You can then submit a claim to their insurance. You have a 2-year deadline to file a personal injury lawsuit.
Start Medical Treatment
Following a car accident, get medical help right away. Doing so creates a documented connection between the accident and your injuries, and can help defend against accusations of negligence due to delayed treatment.
Identify the Third Party
Various parties may be involved in an accident. Another driver’s negligence might be the cause, or a defect in your vehicle could implicate the manufacturer or seller. If the accident happened on someone else’s property, the owner might be liable. In a job site with multiple contractors, another contractor’s actions could also affect fault determination.
Gather Evidence
Collect essential documents for your case, such as doctor’s reports, police reports, accident scene photos, medical expense records, property damage estimates, and evidence of lost wages. These will aid in negotiations with insurance adjusters. Also, report the accident to the other driver’s insurance and possibly your own,
Contact a Lawyer
You aren’t required to hire a workplace accident attorney to file an injury claim, but bringing one on board can help you avoid mistakes that could impact your case. Moreover, individuals who partner with a workers’ compensation lawyer tend to receive larger settlements, handle the legal process more smoothly, and have a better chance of successful claims. In 2023, attorney representation for auto liability bodily injury claims in the U.S. was at 47.7%, emphasizing the challenges of these cases.
File the Claim
To start a personal injury claim, contact the responsible party’s insurer and inform your own insurer. If you’re uncertain, a personal injury lawyer can help. The process typically begins with a demand letter outlining your case and the compensation you seek, including your injuries, medical costs, lost wages, and other damages. The responsible party’s insurer may also request that you attend an independent medical exam as part of their evaluation. After the letter, you may receive a response from the responsible party or their insurer, which could be an acceptance, rejection, or counteroffer. If negotiations fail, you can file a lawsuit, though many claims settle beforehand.
If you’re dealing with a third-party claim or a workplace vehicle accident, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for attorneys who can help you navigate the legal process and pursue the maximum compensation.
Frequently Asked Questions
What is a third-party claim after a workplace vehicle accident?
A third-party claim is a personal injury lawsuit against someone other than your employer or direct coworker. It’s separate from your workers’ compensation claim and lets you recover damages like pain and suffering not covered by workers’ comp.
How do I know if someone other than my employer is liable for my injuries?
Liability is based on identifying who caused the accident through negligence. If it was another driver, a vehicle manufacturer, a product vendor, or a property owner, they may be held liable for your injuries.
Can I pursue both workers’ compensation and a third-party lawsuit?
In Illinois, you can file a workers’ compensation claim against your employer and a third-party personal injury lawsuit against the at-fault party. This dual approach helps ensure you receive full financial and non-economic damages.
