The hidden dangers of trucking company negligence: What you need to know after an accident

Truck Accident - September 19, 2024 by Horwitz, Horwitz & Associates

While driver error is commonly blamed, trucking companies can also play a significant role in accidents. When these companies fail to uphold safety regulations or engage in negligent practices, they may be held liable for accidents caused by their drivers or fleet.

At Horwitz, Horwitz & Associates, we have extensive experience handling accident claims and are committed to ensuring that trucking companies are held accountable for their role in these devastating events. Keep reading for more from our Chicago truck accident lawyers, then call (800) 985-1819 to schedule a free consultation.

The legal concept of trucking company negligence

Trucking companies are legally responsible for ensuring their vehicles and drivers comply with safety regulations. Negligence occurs when a company fails to meet these obligations, leading to an accident. In Illinois, victims of trucking accidents can file a personal injury lawsuit or a wrongful death claim against a negligent trucking company to recover compensation for medical expenses, lost wages, pain and suffering, and more.

Under Illinois law, negligence involves the failure to exercise reasonable care, and in trucking accidents, this often extends to the company’s oversight of its drivers and vehicles.

Common forms of trucking company negligence

Trucking companies can act negligently and contribute to accidents in several ways. These include failing to maintain vehicles properly, hiring unqualified drivers, encouraging unsafe driving practices, or ignoring federal safety regulations. Below are some of the most common forms of trucking company negligence.

Inadequate driver screening and training

Trucking companies must hire qualified, licensed drivers, and conduct thorough background checks. Failure to do so or insufficient driver training can leave drivers unprepared, increasing the risk of accidents. The company can be liable if an unqualified or poorly trained driver causes a crash.

Failure to maintain vehicles

Trucking companies are required to inspect and maintain vehicles to ensure safety. Ignoring necessary repairs or known defects, such as faulty brakes or tires, can lead to mechanical failures and accidents. If a company neglects vehicle maintenance, it may be liable for crashes.

Pressuring drivers to violate hours of service regulations

Trucking companies sometimes pressure drivers to exceed Hours of Service (HOS) limits, leading to fatigued driving, a leading cause of accidents. If a company encourages or forces drivers to violate HOS rules, they can be liable for accidents caused by fatigued drivers.

Improperly loaded or overloaded trucks

Overloading or improperly securing cargo can affect a truck’s handling, increasing the risk of rollovers and accidents. When an accident is caused by improper loading, the trucking company can be held responsible for failing to follow proper procedures.

Failure to conduct drug and alcohol testing

Trucking companies are required to test drivers for drugs and alcohol before hiring and periodically during employment. If a company fails to enforce testing or a driver causes an impaired accident, the company may be liable for negligent supervision.

How trucking company negligence impacts accident claims

In trucking accident claims, proving that a trucking company was negligent can significantly impact the outcome of the case. Victims of these accidents can seek compensation for a variety of damages, including:

• Medical expenses – This includes current and future medical bills, surgeries, rehabilitation, and any long-term care needs.
• Lost wages – Victims may seek compensation for lost income and any future earnings they are unable to collect due to their injuries.
• Pain and suffering – Truck accidents often result in significant physical and emotional distress, and compensation may be awarded for the victim’s pain and suffering.
• Property damage – Compensation may also be available for damage to the victim’s vehicle or other property.

At Horwitz, Horwitz & Associates, we thoroughly investigate every aspect of a trucking accident to determine if the trucking company’s negligence contributed to the crash. Our team works to gather evidence such as maintenance records, driver logs, and employment files to build a strong case for our clients.

Proving trucking company negligence

To hold a trucking company accountable for negligence, you must establish several key elements:

• Duty of care – The trucking company had a responsibility to ensure its vehicles and drivers were safe and compliant with regulations.
• Breach of duty – The company violated this duty by failing to follow safety protocols, maintain vehicles, or supervise drivers properly.
• Causation – The company’s negligence directly led to the accident.
• Damages – The victim suffered injuries and losses as a result of the accident.

In some cases, multiple parties may be liable for the accident, including the driver, the trucking company, and even third-party maintenance providers. Determining liability in trucking accidents is often complex, and having an experienced legal team is crucial to navigating the claims process successfully.

Hurt in a truck crash? We’re here to help.

Trucking companies have a duty to ensure the safety of their vehicles and drivers, but when they fail to uphold this responsibility, the consequences can be catastrophic. Understanding the role of trucking company negligence in accident claims is essential for victims seeking justice and compensation.

If you or a loved one has been injured in a trucking accident, contact Horwitz, Horwitz & Associates today for a free consultation. We will help you understand your rights and work tirelessly to hold negligent trucking companies accountable.