A collision involving a tractor-trailer or other large commercial vehicle can be very different from an ordinary car accident. The injuries may be more severe, multiple companies may be involved, federal safety regulations may apply, and important electronic and business records can become part of the liability investigation.
At Robert Edens Law Office, we represent people injured in semi-truck, tractor-trailer, delivery truck, and other commercial vehicle accidents throughout Lake County, McHenry County, Cook County, and surrounding Northern Illinois communities.
We investigate more than the actions of the truck driver. Depending on the circumstances, we may need to examine the motor carrier, ownership of the tractor and trailer, driver qualifications, hours-of-service records, electronic logging data, vehicle maintenance, cargo securement, dispatch records, and other evidence showing why the collision occurred.
Call us at(847) 395-2200 or contact us to request a consultation about an Illinois truck accident.
A passenger-vehicle collision often focuses primarily on the conduct of the drivers involved. A commercial truck accident can involve an additional layer of federal regulation, company records, commercial insurance, and corporate responsibility.
Federal Motor Carrier Safety Regulations govern areas including driver qualifications, operation of commercial vehicles, hours of service, vehicle equipment, cargo securement, inspection, repair, and maintenance for covered commercial operations. Whether a particular regulation applies depends on the vehicle, carrier, type of transportation, and other circumstances.
The investigation should therefore begin by determining what type of truck was involved, who operated it, which company controlled the transportation, whether the trip involved interstate commerce, and which regulations applied.
A truck accident should not automatically be handled as though it were simply a larger version of a two-car collision.
The truck driver may be responsible when negligent driving caused the crash, but the investigation should not necessarily end there.
Depending on the facts, potentially responsible parties may include the motor carrier, vehicle owner, trailer owner, maintenance provider, loading company, or another business whose conduct contributed to the collision.
For example, the motor carrier may have permitted an unqualified driver to operate the vehicle, failed to address safety problems, allowed a fatigued driver to continue operating, or failed to maintain equipment under its control.
Federal regulations establish minimum driver qualifications and prohibit a motor carrier from requiring or permitting a person to drive a covered commercial motor vehicle unless the driver is qualified.
Determining responsibility requires examining the actual relationships among the driver and companies rather than relying only on the name displayed on the truck.
Driver fatigue is an important issue in some commercial truck accidents.
Federal law expressly prohibits a driver from operating a commercial motor vehicle—and prohibits a motor carrier from requiring or permitting operation—when fatigue, illness, or another condition has impaired the driver’s ability or alertness to the point that continuing to drive would be unsafe.
Property-carrying commercial drivers subject to the federal hours-of-service rules generally may drive a maximum of 11 hours after at least 10 consecutive hours off duty. They generally may not drive beyond the 14th consecutive hour after coming on duty. Federal rules also impose a 30-minute break requirement after eight cumulative hours of driving without a qualifying interruption and 60- or 70-hour limits over seven- or eight-day periods.
These rules contain exceptions and special provisions, so an apparent violation should be evaluated using the regulations applicable to that particular trip.
Many drivers who are required to maintain records of duty status must use electronic logging devices, commonly called ELDs. An ELD synchronizes with the truck’s engine and records information that includes driving time.
ELD information can help determine when the truck moved, when the driver was on duty, and whether hours-of-service limits may have been exceeded.
Federal rules generally require motor carriers to retain records of duty status and supporting documents for at least six months. FMCSA states that ELD records are also generally retained for six months.
That limited retention period is one reason important trucking evidence should be identified early.
Motor carriers subject to federal driver-qualification rules have responsibilities concerning the drivers they allow to operate commercial vehicles.
Federal regulations require qualifying drivers to possess appropriate licensing, have the experience or training necessary to safely operate the type of commercial vehicle involved, satisfy applicable physical qualifications, and not be disqualified from driving.
A truck accident investigation may therefore involve the driver qualification file, commercial driver’s license status, driving history, prior violations, medical certification, training, and other information relevant to whether the driver was qualified for the assignment.
A regulatory violation does not automatically prove that it caused a particular accident. The evidence must connect the violation to the collision and resulting injury.
Commercial drivers are subject to federal restrictions on texting and the use of hand-held mobile telephones while operating covered commercial vehicles.
When distraction is suspected, relevant evidence can include phone records, onboard systems, dispatch communications, ELD events, witness testimony, and other electronically stored information when legally obtainable.
Distraction does not have to involve a personal cellphone. A driver may also be interacting with dispatch equipment, navigation systems, paperwork, food, or other items.
The important question is whether the driver diverted attention from the safe operation of the truck and whether that conduct contributed to the crash.
Truck accidents can also result from mechanical defects or inadequate maintenance.
Federal regulations require covered motor carriers to systematically inspect, repair, and maintain vehicles under their control and keep parts and accessories affecting safe operation in proper condition.
Maintenance-related crash issues can include brakes, tires, steering systems, suspension, wheels, lighting, trailer components, and other safety equipment.
Federal rules prohibit operating a vehicle in a condition likely to cause an accident or breakdown. They also establish periodic inspection and maintenance-record requirements.
A maintenance investigation may require records from both the carrier and outside repair facilities. Inspection reports, repair invoices, driver defect reports, roadside inspection records, and vehicle histories can help determine whether a known or discoverable mechanical problem existed before the collision.
Cargo can affect both the handling of a truck and the severity of an accident.
Federal cargo-securement rules require covered commercial vehicles transporting cargo on public roads to be loaded and secured so that cargo does not leak, spill, blow, fall, or shift in an unsafe manner. Cargo generally must be firmly immobilized or adequately secured.
A poorly distributed or inadequately secured load may contribute to a rollover, loss of control, jackknife, trailer instability, or cargo leaving the vehicle.
Depending on who loaded and controlled the cargo, the investigation may extend beyond the driver and motor carrier.
Commercial vehicle cases can generate evidence that does not ordinarily exist in a passenger-car claim.
Depending on the circumstances, we may investigate electronic logging records, driver qualification records, dispatch communications, bills of lading, cargo records, maintenance histories, inspection reports, onboard electronic data, photographs, video, driver schedules, fuel receipts, toll records, GPS information, and corporate safety materials.
The truck itself can also be evidence.
Electronic control modules and other vehicle systems may contain information relevant to speed, braking, engine activity, or other events surrounding the collision, depending on the truck and equipment involved.
We may also use police records, witness accounts, scene photographs, vehicle damage, medical evidence, and accident reconstruction when appropriate.
The objective is not to collect records simply because they exist. We identify the disputed issues first and determine which evidence can help establish why the crash happened.
Some commercial records are retained only for limited periods.
For example, federal rules generally require records of duty status and supporting documents to be kept for at least six months. Certain maintenance records must be retained while a vehicle remains under a carrier’s control and for specified periods afterward.
A preservation demand can identify electronically stored and physical evidence that should not be destroyed while the claim is being investigated.
The appropriate request depends on the collision. A generic request for every document a trucking company possesses is less useful than identifying evidence relevant to driver fatigue, mechanical failure, distraction, cargo, or another suspected cause.
Commercial truck collisions can occur in many ways.
We handle claims involving rear-end crashes, jackknife accidents, rollover collisions, intersection crashes, unsafe lane changes, sideswipes, underride-type collisions, lost cargo, tire or brake failures, and crashes caused by fatigued or distracted driving.
Some cases involve several contributing causes.
For example, a driver may be traveling too fast for conditions while operating a vehicle with inadequately maintained brakes. A fatigued driver may fail to react appropriately to stopped traffic. Improperly secured cargo may destabilize a trailer during an evasive maneuver.
The complete cause of the accident matters when determining which parties may be liable.
Truck crashes can produce substantial orthopedic, neurological, and internal injuries.
We represent clients with traumatic brain injuries, concussions, spinal cord injuries, herniated discs, cervical and lumbar radiculopathy, fractures, shoulder injuries, knee injuries, nerve damage, internal trauma, scarring, and other serious conditions.
A severe injury claim should address the long-term consequences, not only the treatment already completed.
Future surgery, permanent work restrictions, rehabilitation, reduced earning capacity, medication, assistive devices, and long-term medical needs may all affect the damages when supported by evidence.
Fatal commercial vehicle crashes may also create a claim under the Illinois Wrongful Death Act. Our Illinois Wrongful Death Lawyers page explains those claims in greater detail.
An Illinois truck accident claim may potentially include compensation for reasonable past and future medical expenses, lost income, diminished earning capacity, pain and suffering, disability, loss of normal life, emotional consequences, and disfigurement when legally recoverable and supported by the evidence.
Property damage is evaluated separately.
The amount should not be calculated from a generic “truck accident settlement average.” Claim value depends on liability, medical causation, injury severity, future treatment, permanent limitations, wages, available defendants, insurance coverage, comparative negligence, and litigation risk.
We evaluate the individual losses supported by the case rather than relying on an online multiplier.
Commercial trucking cases may involve insurance arrangements different from those in an ordinary passenger-vehicle accident.
Depending on the carrier and transportation involved, there may be commercial motor-carrier coverage, trailer or vehicle-owner policies, excess coverage, or insurance associated with other responsible companies.
Federal financial-responsibility requirements also apply to certain interstate motor carriers, with required minimum levels varying according to the type of transportation and cargo.
We investigate available coverage along with liability because identifying a responsible party is only part of determining how a judgment or settlement may ultimately be paid.
Illinois applies modified comparative negligence to covered negligence claims.
If your contributory fault is 50 percent or less, you may still recover damages, but the recovery is reduced by your percentage of responsibility. If you are found more than 50 percent responsible for the proximate cause of the injury, recovery is barred.
For example, $500,000 in proven damages reduced by 20 percent comparative fault would result in $400,000.
An insurance company’s allocation of fault is not binding. We evaluate it against the physical evidence, commercial records, testimony, applicable traffic laws, and trucking regulations.
Illinois generally requires an action for personal injury to be commenced within two years after the cause of action accrues.
That rule has exceptions. Government defendants, minors, wrongful-death claims, product-liability theories, and other circumstances may involve different statutes or deadlines.
More importantly in a trucking case, evidence may disappear long before the statute of limitations expires. ELD records, video, maintenance documents, and other information can be governed by retention schedules.
The applicable deadline and preservation needs should therefore be evaluated promptly.
An employee injured in a commercial vehicle collision while performing job duties may have an Illinois workers’ compensation claim in addition to a third-party truck accident lawsuit.
For example, an employee traveling for work who is struck by a negligent semi-truck driver may potentially pursue statutory workers’ compensation benefits while also pursuing damages against the responsible truck driver or motor carrier.
The claims provide different benefits and must be coordinated.
Our Illinois Workers’ Compensation Complete Claim Guide explains the work-injury system, while our Illinois Personal Injury Lawyers page addresses third-party injury claims.
No. For covered property-carrying drivers, the 14-hour rule is generally the driving window, not permission to drive continuously for 14 hours. A driver generally may drive no more than 11 hours following at least 10 consecutive hours off duty and may not drive beyond the 14th consecutive hour after coming on duty.
Covered property-carrying drivers generally must take a qualifying 30-minute interruption after eight cumulative hours of driving without at least a 30-minute interruption. Exceptions and special rules can apply.
Potentially. Liability depends on the employment and agency relationships, the carrier’s own conduct, applicable regulations, and the circumstances surrounding the trip.
An electronic logging device synchronizes with a commercial vehicle’s engine and automatically records driving time and other data used for hours-of-service recordkeeping. Most drivers required to maintain records of duty status are subject to the ELD rule, although exceptions exist.
Federal rules generally require a motor carrier to retain records of duty status and supporting documents for at least six months.
Potentially. Federal regulations require covered motor carriers to systematically inspect, repair, and maintain vehicles under their control. Evidence connecting a maintenance failure to the crash may support liability.
Cargo-securement violations may be relevant when improper loading or restraint contributed to the collision. Federal rules require cargo to be properly distributed and adequately secured.
Potentially. Illinois generally permits recovery when your fault is 50 percent or less, with damages reduced proportionately. More than 50 percent fault bars recovery.
There is no reliable average. Value depends on the injuries, medical evidence, liability, commercial defendants, future care, wage loss, permanent impairment, available insurance, and other facts.
A fatal truck accident may support an Illinois wrongful-death action and a related Survival Act claim when the legal requirements are satisfied. See our Illinois Wrongful Death Lawyers page for more information.
A commercial truck accident requires more than determining which driver received a traffic citation. Driver schedules, ELD data, company records, vehicle maintenance, cargo, electronic evidence, and federal safety requirements may all become relevant to determining why the crash occurred and who is legally responsible.
At Robert Edens Law Office, we represent people injured in truck accidents throughout Antioch, Waukegan, Grayslake, Gurnee, Lake Zurich, Round Lake, Lake Villa, Libertyville, Woodstock, McHenry, Crystal Lake, Barrington, and surrounding Northern Illinois communities.
Call us at (847) 395-2200 or contact us to request a consultation about an Illinois commercial truck accident.
For broader information about roadway claims, visit our Motor Vehicle Accident Lawyers page. You can also review our Illinois Personal Injury And Workers’ Compensation FAQs for answers about insurance claims, comparative negligence, damages, medical treatment, and filing deadlines.
Every truck accident depends on its individual facts and evidence. Prior results do not guarantee a similar outcome, and this page provides general legal information rather than legal advice about a particular collision.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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