Marc Alberts

A crash with a semi, tractor-trailer, or other commercial truck is very different from a typical car accident. The injuries are often more severe, the insurance policies are larger, and there may be multiple companies involved behind the scenes. One of the most important—and most confusing—questions injured people ask is: “Who can be held liable after a truck accident in Illinois?”

 

The answer is rarely just “the truck driver.” In many cases, responsibility is shared by several parties, each with its own insurer and legal team. Understanding who may be on the hook is critical to making sure you’re not limited to a single, inadequate insurance policy.

 

Why Truck Accident Liability Is More Complex Than a Car Crash

Truck crashes are complicated for a few key reasons:

 

Multiple companies, multiple insurers

The driver behind the wheel is only one piece of the picture. There may be a motor carrier that employs or contracts with the driver, an owner of the tractor, a different owner of the trailer, a broker that arranged the load, a shipper that loaded the cargo, and a company responsible for maintenance. Each may have separate insurance and legal obligations.

 

Additional safety rules

Truck drivers and motor carriers are subject to federal and state regulations that do not apply to ordinary drivers. These rules govern hours of service, truck inspections, driver qualifications, drug and alcohol testing, load securement, and more. Violations can help show negligence.

 

Corporate decision-making

Unsafe choices are often made at the corporate level, not just in the driver’s seat. Unrealistic schedules, poor hiring and training practices, and cutting corners on maintenance can all contribute to a crash.

 

The Truck Driver’s Responsibility

Truck drivers have a duty to operate their vehicles safely and in accordance with traffic laws and trucking regulations. They can be individually liable when they:

• Drive while fatigued or beyond legal hours-of-service limits

• Speed, follow too closely, or drive aggressively

• Use a phone or other distracting devices while driving

• Drive under the influence of alcohol, illegal drugs, or certain medications

• Ignore weather conditions that require slowing down or pulling over

Evidence that can help prove driver negligence includes:

• Electronic logging device (ELD) data

• Black box/ECM downloads (speed, braking, and other metrics)

• Phone records

• Police reports and citations

• Witness statements

• Dashcam or traffic camera footage, where available

The Trucking Company’s Liability

Even when a driver makes a mistake, the trucking company may share responsibility. Under certain legal theories, a company can be liable for the actions of its drivers; in other situations, the company is directly liable for its own conduct.

 

Common issues include:

Poor hiring and screening

Did the company perform proper background checks? Did they ignore prior safety violations, DUIs, or other red flags?

 

Inadequate training and supervision

Was the driver properly trained for the vehicle, cargo, and routes involved? Was there ongoing safety training or monitoring, or did the company send drivers out with minimal preparation?

 

Unrealistic schedules and pressure to drive tired

Did the company demand delivery timelines that encouraged speeding or exceeding legal driving hours? Were there policies—written or unwritten—that pushed drivers to keep going when they should have rested?

 

Weak or ignored safety policies

Did the company have safety policies on paper that were not enforced in practice? Did they look the other way on violations or fail to discipline unsafe drivers?

 

Other Potentially Liable Parties in a Semi-Truck Crash

Beyond the driver and trucking company, other entities may share responsibility:

 

Trailer owners and brokers

Sometimes the tractor and trailer are owned or controlled by different companies. Freight brokers can play a role in choosing which carrier takes a load. If they knowingly use unsafe carriers or equipment, they may have exposure.

 

Shippers and loading companies

Improperly loaded or balanced cargo can cause a truck to overturn, jackknife, or lose its load. If a shipper or loading dock handled the cargo and created a dangerous condition, they may be held liable.

 

Maintenance contractors and repair shops

If an outside company is responsible for maintaining brakes, tires, steering, or other critical components, and a failure occurs because of poor work or skipped maintenance, that company may share fault.

 

Manufacturers of defective parts

Sometimes the root cause is a defect in the truck, trailer, or some component—such as brakes, tires, coupling systems, or steering mechanisms. In those situations, a product liability claim may be appropriate.

 

Other drivers

Truck crashes are often chain-reaction events. A car that cuts off a truck, fails to maintain lane, or causes a sudden hazard may bear some or all of the blame for the initial problem. Proper investigation can uncover these contributing factors.

 

How a Truck Accident Lawyer Proves Liability

Because truck accidents are so complex, early and thorough investigation is critical. A Chicago truck accident lawyer can:

 

Preserve key evidence

Trucking companies may have policies on how long they keep logbooks, ELD data, dashcam footage, and internal emails. A prompt preservation letter and, when necessary, court orders can help ensure that crucial evidence isn’t lost or “overwritten.”

 

Obtain and analyze records

Important documents include:

• Driver qualification files

• Training and disciplinary records

• Hours-of-service logs and ELD data

• Maintenance and inspection records

• Bills of lading and load documentation

• Safety manuals and internal communications

Work with experts

Accident reconstructionists, trucking safety experts, and medical professionals can help explain how the crash happened and how it has affected your health and ability to work.

 

Identify all available insurance coverage

A key advantage of pursuing all responsible parties is the ability to access multiple insurance policies. A lawyer can track down and evaluate these policies so your recovery isn’t arbitrarily capped at a single limit.

 

What Compensation Can You Seek After an Illinois Truck Accident?

Depending on the facts, an Illinois truck accident injury claim may seek compensation for:

• Emergency care, hospitalization, surgery, and rehabilitation

• Future medical needs, including therapy, assistive devices, or home modifications

• Lost wages and reduced future earning capacity

• Pain and suffering, both physical and emotional

• Loss of normal life—the impact on your daily activities and independence

• In wrongful death cases, loss of financial support, companionship, and related damages

Because injuries from truck crashes are often severe, it is especially important to account for long-term and future needs, not just immediate bills.

 

Steps to Take After a Serious Truck Crash in Chicago or Anywhere in Illinois

After a crash involving a commercial truck:

1. Get medical attention immediately. Some serious injuries are not obvious at the scene.

2. Follow your doctor’s advice and attend all recommended follow-up visits.

3. If possible, preserve what you can: photos of vehicles, skid marks, road conditions, and your injuries.

4. Keep track of medical providers, bills, and any time missed from work.

5. Avoid detailed conversations with the trucking company’s insurer or signing broad releases.

6. Contact a truck accident lawyer as soon as you can, so key evidence can be preserved and your rights protected.

Common Questions About Truck Accident Liability

 

Is the truck driver always at fault in a semi-truck crash?

No. Sometimes the driver is primarily responsible; other times, corporate decisions, bad maintenance, or another driver’s actions play a larger role. Careful investigation is needed before assigning blame.

 

Can I sue the trucking company, not just the driver?

In many cases, yes. The trucking company may be legally responsible for its driver’s actions and may also be directly liable for its own negligence in hiring, training, supervision, scheduling, or safety practices.

 

What if I was partly at fault?

Even if you think you made a mistake, you should not assume you have no case. In many collisions, fault is shared. Under Illinois law, you may still be able to recover damages if you were less than 50% at fault, though your compensation may be reduced. A detailed analysis of the evidence is essential.

 

Ready to Talk With a Chicago Truck Accident Lawyer About Liability in Your Case?

If you’ve been injured in a crash with a semi or other commercial truck in Chicago, Aurora, Springfield, Rockford, Peoria, or anywhere in Illinois, you should not have to figure out who’s liable—or wrestle with multiple insurers—on your own.

Alberts & Eiler, P.C. brings more than 30 years of combined experience working both for and against insurance companies, over 100 jury trials as a team, and a deliberately small caseload so we can dive deeply into complex truck accident cases.

We offer free, confidential consultations, and you do not pay attorney’s fees unless we recover compensation for you.