Waukegan Truck Accident Lawyers

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Truck accidents can result in life-changing injuries on highways and commuter roads. As such, the stakes in these claims tend to be higher for accident victims, compared to the average car crash. However, truck accident claims are also more complicated than most other motor vehicle accidents since there may be multiple parties at fault. If you or somebody you care about has been hit by a truck in a collision, consider working with a Waukegan, Illinois truck accident attorney.

At Newland & Newland, LLP, we have decades of combined legal experience, with stellar case results to show for it. We have earned meaningful compensation on behalf of clients in various injury claims, including a $500,000 settlement involving a semi-trailer accident.

Truck Driver Negligence in Trucking Accident Claims

Truck driver negligence is at the center of most trucking accident claims, since the driver controls the vehicle in the moments before a crash. Commercial trucks moving along Interstate 94, U.S. Route 41, and Belvidere Road carry freight in and out of Waukegan every day. A fully loaded tractor-trailer can weigh up to 80,000 pounds, and it needs far more distance to stop than a passenger car. When a truck driver makes a careless choice, the people in smaller vehicles usually suffer the worst injuries.

Truck drivers must follow both state traffic laws and federal safety rules. Federal hours-of-service limits restrict how long a driver can stay behind the wheel without rest, yet tight delivery deadlines push some drivers to keep going while exhausted. Other common forms of negligence include speeding, following too closely, making wide turns without checking mirrors, texting or using a phone, and driving under the influence of drugs or alcohol. A driver who skips a required pre-trip inspection and misses worn brakes or a damaged tire may also be responsible for the crash that follows.

Proving driver negligence often takes more than a police report. Driver logs, cell phone records, drug and alcohol test results, and the driver's past safety violations can all show a pattern of unsafe behavior. These records are usually in the hands of the trucking company, which makes a prompt request for them an important part of the claim.

Do Trucking Companies Share Liability for Accidents Caused by Truck Drivers in Illinois?

Trucking companies in Illinois can share liability for accidents caused by their drivers in many situations. Under a legal principle called vicarious liability, an employer is generally responsible for the careless acts of an employee who is doing his or her job. If a driver causes a crash while making a delivery, the company that employs the driver can be held accountable for the harm. Holding the company responsible carries real weight, since a trucking company usually has far more insurance than an individual driver.

A trucking company can also be directly negligent through its own decisions. A carrier may hire a driver with a record of serious traffic violations, fail to provide proper training, or ignore complaints about unsafe driving.

Some trucking companies try to avoid responsibility by labeling their drivers as independent contractors. That label does not always settle the question. Courts may look at how much control the company had over the driver's routes, schedule, equipment, and daily work. Lease agreements and federal operating authority can also tie a carrier to a crash even when the driver was not a traditional employee.

Frequently Asked Questions About Truck Accidents in Waukegan, Illinois