Who Is Liable for Damages After a Truck Accident in Illinois?

 Posted on April 04, 2025 in Auto Accidents

Determining liability in a truck accident case can be more complicated than other auto accidents. It often requires a thorough investigation into the crash, sometimes with assistance from outside experts. If you recently suffered an injury or lost a loved one in an accident involving a commercial truck, an Aurora, IL truck accident attorney can help you navigate the personal injury claim process and ensure you claim all financial compensation available to you.

Is the Truck Driver Always Responsible?

The first step in determining liability in any auto accident is to find the cause of the crash. Equipment failure or poorly marked road construction can lead to accidents that may not pin liability on the truck driver. However, if they were acting carelessly, for example, by speeding or making unsafe lane changes, and those actions resulted in a crash, they could be liable.

It is not uncommon for truck drivers to be overly tired or take drugs to keep them awake. Falling asleep at the wheel or driving under the influence can easily lead to a crash. Proof of any traffic violation could be used to establish fault, especially if the driver does not abide by federal regulations, but more often than not, liability will fall on the employer.

When Is the Driver’s Employer at Fault?

Illinois follows the concept of respondeat superior, a legal doctrine that often makes a trucking company liable for accidents if the driver’s recklessness occurs within the scope of employment. Unless the truck driver is operating the truck off the clock when an accident occurs, or they are an owner-operator working for themselves, the most likely defendant in a truck accident case is the trucking company.

Could Someone Other Than the Driver or Employer Be Liable?

Liability in truck accident cases can get even more complicated. Sometimes, a third party can be responsible for an accident, even when they are not present when the collision occurs. Based on the circumstances, other potentially at-fault parties include:

• Parts manufacturers: If the accident was caused by a part that failed due to faulty design or assembly, the part manufacturer could be liable.

• Cargo loaders: Commercial trucks carry cargo that is heavily regulated by federal law. Failure to abide by weight and distribution regulations could result in an accident, making the party who loaded the cargo at fault.

• Third-party mechanics: Trucking companies often outsource fleet inspection and maintenance to a third-party mechanic. If an accident occurs as the result of a missed inspection or failure to maintain a truck, the mechanic would be liable.

Establishing fault begins with contacting a legal representative with the resources and connections to conduct a thorough investigation, identifying compensatory damages and gathering the evidence necessary to validate your claim.

Contact a Kane County, IL Attorney for a Free Consultation

At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we have seen the devastation that negligent drivers and companies can have on victims and their families. Given the size and weight of a semi-truck, the damage it can cause will often have severe physical, financial, and mental consequences. Monetary compensation cannot account for every loss in these cases, but it is your right to hold the negligent party responsible for their actions and recover as much as you can. Call 630-907-0909 to schedule a free consultation with our Aurora, IL truck accident lawyers and start rebuilding your life today.