Who is Liable When a Truck Accident Causes Injuries or Takes a Life?

In almost every truck accident case, the driver is liable if he or she failed to follow the rules of the road, drove while distracted or tired, or was negligent or reckless in any way. Experienced Chicago truck accident attorneys look to see who else might also be liable.

Employers are generally liable for the negligence or misconduct of their employees or agents, provided that that the employee/truck driver was working for the employer and the act was not intentional. This legal principle is called “respondeat superior,” which means the superior should answer for the wrong. The rationale for holding the employer liable for employee carelessness is that the employer is in the best position to pay for the wrong and has the ability to control the hiring and training of the worker.

A key issue in respondent superior cases is whether the truck driver was an employee or an independent contractor. Generally, an employer, such as a trucking company, has the right to control an employee but not an independent contractor. Key considerations in the trucking industry are:

• Does the company or the truck driver own the truck?
• Who pays for the insurance, gas, repairs, and other truck expenses?
• Can the trucking company control the hours the driver works?
• Does the truck driver get employee benefits?

A second key issue in respondent superior cases is whether the truck driver was acting in the scope of the employment of the company at the time the accident happened.

Sometimes the answer of who is at fault is clear, but there are some times when the liability of the trucking company is in question. For example, if the accident happens while the truck driver is driving to a hotel for rest, from a restaurant where she’s just eaten, or to visit with a friend, the trucking company may argue the accident happened on personal time, not company time.

Several other areas where another entity or person may be liable are:

• Product liability cases. A manufacturer, distributor, or retailer of the truck or truck parts is strictly liable if the part was defective due to improper design, workmanship, or instructions on usage. The defect also must have caused anyone, including the driver, to die or suffer injuries.
• Alcohol venders. Any business entity, such as a tavern, that serves alcohol to a truck driver may be liable if the alcohol caused the driver to become drunk and the drunkenness caused the victim’s injuries or death.
• Government entities. Illinois and local counties have a duty to design roads that are safe and to make necessary repairs. When government agencies or the repair crews they hire fail to make the necessary road improvements, they can be held liable if a trucking accident happens.

Drivers of other trucks, other cars, and any vehicle may also be liable for a trucking accident. Construction companies may be liable if they fail to properly supervise their sites.

Speak with a skilled Chicago truck accident trial attorney today

At Gainsberg Injury and Accident Lawyers, our Chicago truck accident lawyers understand the importance of holding every responsible party liable for truck accident wrongful deaths and personal injuries. Everyone that causes harm should be held accountable for their wrongs so the victims can get justice and to deter the wrongdoers from future tragedies. For strong advocacy, please phone 312-600-9585 or fill out our contact form to talk to a caring lawyer.