Truck drivers can be responsible for damages, but only if their negligence was a factor in causing the accident. There are many different parties who could be responsible for damages in a truck collision.
If you got hurt in an accident that involved a large truck, a Chicago personal injury attorney can help you go after the compensation you deserve with no upfront legal fees. Let’s explore the issue of whether truck drivers are responsible for damages.
When a Truck Driver Can Be Responsible for Damages
A truck driver can be responsible for damages when other people get hurt in accidents that the operator of the tractor-trailer caused.
Some of the common causes of truck crashes are when the truck driver was:
- Speeding. For purposes of liability, the law defines speeding as exceeding the posted speed limit or driving too fast for the conditions, even if the vehicle is traveling at a speed lower than the posted limit. For example, when the roads are icy, it can be negligent to drive at the speed limit.
- Drowsy. Federal law limits the number of hours truck drivers can be behind the wheel without stopping for a rest break. Even if the truck driver did not break these regulations, the driver might be sleepy for reasons unrelated to the number of hours they work.
- Distracted. If the truck driver is distracted by talking on their cell phone, texting, adjusting the radio, eating, entering information into the GPS, or any number of other things, their failure to devote 100 percent of their attention to the road could cause a crash.
Truck driver negligence is not the only cause of collisions that involves semi-trucks.
Can the Trucking Company Be Liable?
Sometimes the transportation company that employed the truck driver can be liable because of their position of being the driver’s employer. In some other situations, the trucking company did something careless that caused or contributed to the accident happening.
If the trucking company did not perform an adequate background check that could have disclosed the driver’s history of multiple collisions, the company could be responsible for damages. Also, if the trucking firm pressured drivers to work long hours, the company could be liable for collisions caused by a driver’s drowsiness.
Other Parties Who Could Have Liability
Additional parties who could be responsible for paying the losses of people hurt in a collision can include:
- The manufacturer of a defective truck part that caused the collision, like defective brakes that failed or a tire that had a blowout.
- The driver of another vehicle whose negligence caused the crash.
- The company responsible for loading the cargo the truck hauled, if improper loading caused a weight imbalance or shifting of the cargo that was instrumental in causing the accident.
Usually, the party or parties whose negligence led up to the truck crash can get sued by people who get injured in the collision.
Types of Recoverable Damages in Tractor-Trailer Collisions
When a person gets physical injuries from a truck accident, they can usually pursue a claim or lawsuit against the negligent party, seeking to recover their losses. These losses could be things like medical bills and lost wages. Also, pain and suffering, disfigurement, disability, and other items could be a part of the injury claim.
Contact Our Personal Injury Attorneys in Chicago
You do not have to go through the personal injury claim or lawsuit process by yourself. The Chicago personal injury attorneys of Hale & Monico could represent you and handle your case. Contact our office today for help with your case, we offer a free consultation.