Proving Chicago Commercial Truck Accident Liability

If you’ve been seriously injured in a commercial truck crash in the Chicagoland area, proving truck accident liability is essential to recovering the compensation you deserve. By finding the guilty party with the help of a lawyer, you can determine who owes you for the damages you’ve suffered.

The attorneys at Lane Brown, LLC have years of experience proving truck accident liability. We’ll identify who is responsible for your injuries, and fight to ensure they pay you the compensation you need.

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• What Is Accident Liability?
• How Negligence and Liability Can Affect Your Case Outcome
• 4 Key Elements of Negligence
• How Our Lawyers Prove Truck Accident Liability
• Vicarious Liability and Truck Accidents
• Challenges and Obstacles to Proving Liability During a Truck Crash Claim
• Start Building Your Truck Accident Liability Case Today
• Truck Accident Liability FAQ

What Is Accident Liability?

Accident liability is the financial responsibility an entity bears for their role in a crash. Generally, the person who caused the accident is liable for covering the cost of damages to everyone involved in the wreck. Unlike car accidents, big rig truck crashes have several potentially liable parties, including:

• Truck drivers
• Trucking companies
• Contractors
• Vehicle manufacturers

Due to the number of potentially liable parties, determining 18-wheeler truck accident liability isn’t always straightforward. That’s why working with a lawyer who understands the complexity of commercial trucking laws in Illinois is crucial to building a winning case.

How Negligence and Liability Can Affect Your Case Outcome

Liability hinges on negligence. If someone’s recklessness or careless behavior caused the crash, they likely bear legal responsibility for any damages. The faster your truck accident lawyer can identify an act of negligence by the truck driver or trucking company, the sooner you can start pursuing compensation. When attempting to establish fault by proving negligence, your attorney will often review evidence to find proof of:

• Speeding
• Distracted driving
• Improper loading
• Federal Motor Carrier Safety Administration (FMCSA) violations
• Intoxicated driving
• Poor vehicle maintenance

4 Key Elements of Negligence

To prove negligence and establish truck accident liability, these four legal elements must be present:

1. Duty of Care – The semi-truck driver and their employer had a legal responsibility to drive safely and follow regulations. This element is present in all truck accident claims.
2. Breach of Duty – The trucker or trucking company violated their duty of care (e.g., by driving under the influence or skipping required rest breaks).
3. Causation – The breach of duty directly caused the crash and your injuries.
4. Damages – As a result of the crash, you suffered damages, such as injuries, property damage, or lost income. A lawyer will work to establish each element clearly and convincingly.

Without a Chicago truck accident attorney’s help, you could fail to prove each element, jeopardizing your case.

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How Our Lawyers Prove Truck Accident Liability

To secure compensation, your attorney must prove that the defendant’s actions directly caused your injuries. We often accomplish this task by gathering the following evidence:

• Driver logs – Driver logs can help prove that a trucker failed to take FMCSA-mandated breaks. If a driver fails to get the required amount of rest before getting behind the wheel, a lawyer can more easily prove that they caused the crash.
• Black box data – A black box refers to a truck’s Event Data Record (EDR) or Electronic Logging Device (ELD). These items record data about the movement, mechanical performance, and driver actions in the moments surrounding a crash. Using this data, your lawyer can determine if the driver failed to avoid a preventable accident.
• Maintenance records – Truck accident attorneys use maintenance records to find out if the vehicle was properly maintained. If the vehicle wasn’t kept in good condition, the driver may be liable. Conversely, a flawless maintenance record may indicate that the vehicle manufacturer is to blame.
• Crash scene photos – Photos of the crash help lawyers understand the conditions during the accident. If evidence shows that poor roads or signage contributed to the crash, the city government may carry some liability.
• Witness statements – Spoken statements from impartial observers may provide an accurate account of what happened during the crash. Witness statements are vital for assigning fault in crashes where other forms of evidence aren’t available.

Vicarious Liability and Truck Accidents

In many Chicago semi-truck accidents, the trucking company may be held responsible even if they weren’t directly involved. This is called vicarious liability, and presents accident victims with a chance to pursue a larger settlement, as trucking companies have more money and better insurance plans than individual drivers.

If the driver was working within the scope of their job at the time of the crash, their employer could be held liable for:

• Negligent hiring
• Poor training
• Forcing unsafe schedules

Keep in mind that while a logistics company can pay a larger settlement than a driver, it can also mount stronger legal defenses. When naming a trucking company as the liable party, it’s even more important than usual to work with a truck accident attorney.

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Challenges and Obstacles to Proving Liability During a Truck Crash Claim

Truck accident claims often involve challenges not seen in car crash cases. Some of the obstacles that a claimant and their lawyer may face include:

• Missing or manipulated driver logs
• Delayed investigations
• Uncooperative insurance adjusters
• Multiple defendants pointing fingers at each other

These challenges make it nearly impossible for severely injured victims to manage their own claims. A dedicated truck accident lawyer knows how to counter these tactics, preserve evidence, and hold every liable party accountable.

Serving Clients in the Greater Chicago Area

Start Building Your Truck Accident Liability Case Today

If you were severely injured in a big rig truck crash in Chicago or a surrounding area, don’t wait to file your claim. The sooner you hire a lawyer to begin building your truck accident liability case, the stronger it will be. Take the first step toward getting the compensation you deserve. Schedule a free consultation with the truck accident lawyers at Lane Brown, LLC to get the legal support you need to win your case. Call 312-332-1400 or fill out the form below to get started.

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Commercial Truck Accident Liability FAQ

How long do truck accident liability cases typically take to resolve in Illinois?

The timeline for resolving a truck accident liability case in Illinois varies widely, with most cases taking anywhere from several months to over two years. When the facts are straightforward and liability is clear, a lawyer can settle within six to 12 months. However, complex cases that involve severe injuries, multiple responsible parties, or disputes over fault take much longer, particularly if the case goes to trial. Several key factors can delay or accelerate the process, including:

• The need for expert evidence analysis
• Disputes over liability shares between the at-fault parties
• Challenges to the cost of a claimant’s medical care
• Refusal to reach a settlement
• Sending cases to court

Hiring an experienced truck accident attorney before filing a claim can speed things up significantly. A skilled lawyer will preserve evidence quickly, negotiate with insurance companies aggressively, and keep your case moving forward. Acting promptly also helps you meet Illinois’ statute of limitations, which gives you just two years from the date of the accident to file a claim.