Semi-truck accidents are some of the most serious crashes on Illinois roads. Because these trucks are so big and heavy, accidents often cause severe injuries, major damage, and sometimes even deaths. In 2024, the FMCSA reported over 70 fatal truck crashes in Illinois—that’s about two deaths every week.
If you or a loved one has been in a semi-truck accident, you might be wondering who is responsible and how to get compensation for your injuries and losses. Unlike regular car accidents, truck accident cases can be more complicated. The truck driver, trucking company, cargo loaders, or even a faulty truck part manufacturer could be to blame.
Common Causes of Trucking Accidents that the Trucking Company May Be Liable Under Illinois Law
Driver-Related Causes
- Speeding – Large trucks require more time to stop than smaller vehicles. If a trucking company pressures drivers to meet tight delivery deadlines, they may encourage unsafe speeds.
- Distracted Driving – Truckers spend long hours on the road, increasing the temptation to use cell phones, GPS devices, or in-cab entertainment systems, which is illegal under FMCSA regulations.
- Fatigued Driving – Many trucking companies violate Hours-of-Service (HOS) regulations, forcing drivers to work longer than the legal limit, leading to drowsy driving and deadly crashes.
- Drunk or Drugged Driving – Some trucking companies fail to properly screen their drivers for drug and alcohol use, which can lead to serious impairment behind the wheel.
- Reckless Driving – Actions like tailgating, unsafe lane changes, or failing to yield are especially dangerous in a semi-truck.
Company-Related Causes
- Negligent Hiring – If a trucking company hires unqualified drivers or fails to conduct proper background checks, they can be held responsible for accidents caused by inexperienced or reckless employees.
- Poor Truck Maintenance – Companies must regularly inspect and repair their fleet. Brake failures, tire blowouts, and engine problems often occur when trucks are not properly maintained.
- Improperly Loaded Cargo – If a truck is overloaded or unbalanced, it can cause rollovers, jackknifing, or lost cargo hazards on the road.
More: What You Need to Know about Blind Spot Truck Accidents
Who is Liable for Semi-Truck Accidents in Illinois?
Determining liability in a semi-truck accident is more complicated than in a regular car crash. Multiple parties can be responsible depending on the circumstances:
- The Truck Driver
- If the driver was speeding, distracted, fatigued, or under the influence, they may be personally responsible for the accident.
- The Trucking Company
- Under the respondeat superior legal doctrine, trucking companies are responsible for their drivers’ actions if they acted within their employment scope.
- If the company violated safety regulations, encouraged unsafe driving, or neglected maintenance, they could be directly liable.
- Cargo Loaders
- The freight company may be at fault if improper cargo loading caused a rollover or jackknife accident.
- Truck Manufacturers and Repair Shops
- If defective brakes, tires, or engine parts led to the crash, the manufacturer or repair shop could be held responsible under product liability laws.
- Other Drivers
- In some cases, another driver’s reckless actions may have caused the accident, making them partially or fully liable.
Because semi-truck accidents often involve multiple responsible parties, a thorough investigation is necessary to determine liability.
More: Someone Hit My Car in Illinois: Whose Insurance Should I Call?
What to Do After a Semi-Truck Accident to Protect Your Case
If you’ve been involved in a commercial vehicle crash in Illinois, taking the right steps immediately after the accident can protect your legal rights and help you build a strong case for compensation:
1. Call 911 and Seek Medical Attention
- Even if you don’t feel seriously injured, some injuries take time to appear. Getting checked by a doctor is crucial for your health and legal claim.
2. Gather Evidence
- Take photos of the accident scene, truck damage, road conditions, and any visible injuries.
- Get witness contact information in case their statements are needed later.
- Write down details about what happened before, during, and after the crash.
3. Avoid Speaking with Insurance Adjusters
- The trucking company’s insurance will try to minimize your claim. Avoid making statements or accepting settlements before consulting a lawyer.
4. Contact an Experienced Truck Accident Lawyer
- A lawyer can help you prove liability, negotiate with insurance companies, and maximize your compensation.
How to Prove Negligence in an Illinois Semi-Truck Accident
- Duty of Care
Truck drivers and trucking companies have a legal responsibility to operate their vehicles safely and in compliance with federal and state regulations. This duty extends to obeying traffic laws, ensuring trucks are properly maintained and following industry standards for safe operation. Because semi-trucks are significantly larger and heavier than passenger vehicles, a truck driver’s duty of care is heightened due to the potential for catastrophic accidents.
- Breach of Duty
A breach of duty occurs when a truck driver, trucking company, or another responsible party fails to uphold their legal obligation to safety. Common breaches include:
- Hiring unqualified drivers – Employing individuals without proper licensing, training, or experience.
- Forcing drivers to exceed legal hours – Federal Hours of Service (HOS) regulations limit the number of hours a truck driver can operate without rest, but some companies pressure drivers to meet tight deadlines, increasing the risk of fatigued driving.
- Failing to maintain trucks – Trucking companies must regularly inspect and repair their vehicles to prevent mechanical failures, such as brake malfunctions or tire blowouts.
- Causation
To hold a trucking company or driver liable, you must prove that their negligence directly caused your injuries. This means showing a clear link between their reckless actions and the accident. For example, if a trucking company neglected to replace worn-out brakes and the truck rear-ended your vehicle, this failure would directly cause the crash. Causation is often supported by:
- Accident reports
- Witness statements
- Black box data (electronic logging devices tracking speed, braking, and hours driven)
- Truck maintenance records
- Expert testimony from accident reconstruction specialists
- Damages
After proving that negligence caused the accident, you must demonstrate the damages you suffered as a result. These can include:
- Medical expenses – Hospital bills, surgeries, rehabilitation, and ongoing treatment costs.
- Lost wages – Compensation for missed work due to injuries and lost earning potential.
- Pain and suffering – Physical pain, emotional distress, and reduced quality of life.
- Property damage – Repairs or replacement of your vehicle and personal belongings.
A skilled truck accident attorney will gather evidence, work with medical professionals, and consult experts to build a strong case. They will use black box data, driver logs, and other records to establish liability and fight for the compensation you deserve.
Injured in a Semi-Truck Accident? Call Pacin Levine, P.A. Today!
If you or a loved one has been injured in a semi-truck accident in Illinois, you deserve full and fair compensation. The legal team at Pacin Levine, P.A., has years of experience handling complex Illinois truck accident liability cases and fighting against trucking companies and insurance providers to get victims the justice they deserve. Call Pacin Levine, P.A. at 1-800-24-7-CRASH (2727) for a free consultation. We’re available 24/7 to discuss your case and help you understand your legal options.