Who May Be Liable for Your Truck Accident in IL?

 Posted on August 21, 2024 in Truck Accidents

Large trucks were involved in 6,397 crashes in Illinois in 2023. These collisions led to 3,203 injuries and 172 fatalities. You probably know that you may be entitled to compensation if you are involved in a truck accident, but do you know who is liable for paying you?

In many motor vehicle collisions, the drivers are the responsible parties. However, that is not necessarily the case with truck accidents. Several potentially liable parties can complicate your compensation claim. When you work with a knowledgeable lawyer from Winters Salzetta O'Brien & Richardson, LLC, we can help you overcome this and other challenges.

What Is Liability in Truck Accident Claims?

In these and other kinds of personal injury cases, liability establishes a legal obligation to pay damages based on fault. When an accident occurs, a percentage of fault is assigned to each party that contributed to causing it. Many parties can share fault, and they also share liability for damages that reflect their percentage of the blame.

Illinois uses modified comparative negligence laws when there is shared fault and liability. Under these statutes, you are eligible to receive compensation from other liable parties as long as your percentage of fault is less than 51 percent. If you qualify, your total damages are reduced by your fault percentage.

For example, suppose you are 25 percent at fault for causing your accident. You are also liable for paying 25 percent of your own damages, so the most you can get from others is 75 percent. Unfortunately, liable insurance companies often try to manipulate your degree of fault to give them an advantage. Your legal team from Winters Salzetta O'Brien & Richardson, LLC will not let insurers treat you unfairly.

What Parties Are Potentially Liable in Truck Accidents?

There are several parties that may share the liability in a truck accident. You will probably need to investigate your collision thoroughly to discover why and how the crash happened. These discoveries should lead to determining all liable parties, which may include:

• Truck drivers often make errors, such as following too closely, driving while distracted or under the influence, speeding, and not seeing vehicles in blind spots.

• Truck owners or trucking companies might require drivers to operate unsafe trucks or violate FMCSA hours-of-service regulations.

• Cargo loaders may not balance or secure loads properly, which can cause drivers to lose control of their trucks. In addition, shifting cargo can also fall from the truck, potentially causing roadway obstacles or hitting adjacent vehicles.

• Vehicle maintenance companies may not inspect and maintain trucks or trailers. For example, they might fail to replace worn brakes or tires.

• Parts manufacturers might sell faulty products that fail when trucks are in transit, causing a collision.

When you choose Winters Salzetta O'Brien & Richardson, LLC, you do not have to investigate your accident alone. We will do it for you, gathering the evidence we need to prove negligence and liability.

Call Us Today for Your Free Consultation With Our Dedicated Chicago, IL Truck Accident Lawyers

When trucks and cars collide, car occupants often sustain severe injuries. You deserve compensation, and Winters Salzetta O'Brien & Richardson, LLC can help you get it. Call us at 312-236-6324 now to speak with one of our skilled Cook County, IL personal injury attorneys.