When Is a Trucking Company Liable for an Accident in Illinois?

 Posted on August 05, 2020 in Personal Injury

Semi-truck accidents can be extremely dangerous and cause severe injuries because of the size and weight of trucks compared to other vehicles on the road. If you have been injured in a truck accident through no fault of your own, you may already know that you can seek compensation from the truck driver who caused the crash. However, it is not always obvious when the trucking company that employs the driver shares in the liability. If the company has committed any violations to regulations from the Federal Motor Carrier Safety Administration (FMCSA), you may be able to pursue damages for a resulting accident.

Regulations for Truck Drivers

Truck drivers have different schedules and work environments compared to other types of employees, such as office workers, who typically work eight hours during the weekdays in a building. That is why truckers must follow certain rules and regulations to ensure safety on the roads. The following are a few examples of these federal restrictions for truck drivers:

1. Excessive Service Hours: The FMCSA has recently revised its hours of service regulations, but essential provisions remain in place to restrict the number of hours a driver can operate a truck without resting, within a 24-hour period, and within a seven-day period. Drivers are also required to maintain an updated log of their hours of service to ensure compliance with these regulations. If the trucking company encourages drivers to exceed their allowed hours or falsify their logs in order to complete shipments in a shorter amount of time, they can be held liable for accidents resulting from truck driver fatigue.

2. Improper Cargo Loading and Securement: The FMCSA also has regulations in place for the proper securing of any heavy cargo of all shapes and sizes. Drivers and trucking companies must ensure that their loads will not become loose or shift in transit and that tiedown equipment can withstand the weight of the cargo and the forces of acceleration and deceleration. Shifting and dropped cargo can lead to loss of control, overturned trucks, or obstructions in the roadway, and if any of these causes an accident, the trucking company and its loading crews may be at fault.

3. Insufficient Drug Testing: The FMCSA requires trucking companies to perform drug tests for drivers under a variety of circumstances, including before hiring a new driver, after an accident, and at random throughout a driver’s employment. If a company lapses in its responsibility to test drivers, or if it allows a driver to continue operating his or her vehicle after a failed drug test, it can be partially liable for accidents in which the truck driver was drunk or impaired by another drug.

Contact a DuPage County Truck Accident Lawyer

A collision involving a truck can result in significant vehicle damage and devastating injuries to passengers in the car. Proving the trucking company’s liability may be difficult and often requires access to the company’s records. A Lombard, IL personal injury attorney from Mevorah & Giglio Law Offices can help you gather this evidence and stand up for you in settlement negotiations and litigation with big trucking companies. If you or someone you know has been hurt in a truck accident, call us today at 630-932-9100 to schedule your free consultation.