Truck Accident Liability in Illinois

 Posted on December 00, 0000 in Truck Accidents

Motor vehicle accidents can cause serious consequences, from extensive car damage to severe injuries. When a car collides with a semi-truck, the aftermath can be devastating, even fatal to the occupants of the automobile. This is partly due to the massive size and weight of the truck compared to the car. The trucking industry is strictly regulated at the federal and state levels. The Federal Motor Carrier Safety Administration (FMCSA) puts in place several rules and regulations to govern the trucking industry. If these regulations are not adhered to, a truck accident can occur. Although many people may think the truck driver would automatically be at fault for causing the crash, in some cases, a trucking organization or company may also be found liable for negligent behavior or actions.

A Driver’s Reckless Actions

Illinois truck drivers must obtain a commercial driver’s license (CDL) in order to operate their big rigs. A truck driver should take reasonable care to drive safely when working and if he or she does not, the results may be deadly. Below are a few examples of reckless behavior behind the wheel that can cause a truck accident:

• Driving while under the influence (DUI) of drugs or alcohol
• Disobeying traffic laws
• Violating work hours regulations
• Distracted driving
• Drowsy driving
• Inexperienced driving

Negligence Can Take Other Forms

Many truckers transport goods and products throughout the state of Illinois as well as across the country. In addition to the driver, the trucking company has a duty of care to maintain a safe operation of its fleet. In some instances, an employer may blatantly ignore federal guidelines or proper protocol to ensure safe driving. This may include not inspecting equipment and replacing faulty or defective parts.

The following are a few examples of these types of negligent actions:

• Hiring a truck driver with previous DUI conviction or other traffic violations
• Encouraging truck drivers to violate hours-of-service regulations
• Failing to perform routine maintenance on its fleet
• Employing the offending driver
• Not inspecting the cargo placement

It is essential that large trucks are loaded and secured properly in order to prevent cargo from shifting and falling off of the rig while in transport, which can cause an accident. If the trucking company’s loaders failed to secure the cargo safely and securely, then they can also be held accountable for any accident that resulted from their negligence.

Contact an Orland Park, IL Personal Injury Attorney

Truck drivers have a special duty of care to ensure safety while traveling on our nation’s roadways. When this duty is breached, a trucking company may be found negligent for not enforcing regulations. If you or your loved one was hurt in a collision with a truck, it is important to consult a diligent Illinois truck accident lawyer as soon as possible. With more than 10 years of experience practicing law, attorney Khaled Issa knows how to determine liability for a truck crash. To schedule your free consultation, call our office today at 708-966-2408.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1815&SeqStart=118400000&SeqEnd=120100000

https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=099-0595