When Can a Trucking Company Be Held Liable for a Truck Accident?
When a large truck causes an accident, the most obvious assumption is that the driver is the only one responsible. However, in many cases, the trucking company itself can be held accountable. Going after the company, not just the driver, can make a big difference in what you are able to recover.
Trucking companies have resources, insurance policies, and legal teams built to limit what they pay out. You deserve someone in your corner who knows how to fight back. If you were hurt in a truck accident in Illinois, a Will County, IL truck accident lawyer can help you figure out what happened and hold every responsible party accountable.
Under 49 CFR Part 390, trucking companies are required by law to know and follow all federal motor carrier safety regulations. The law makes clear that not knowing the rules is not an excuse when a violation causes a crash.
On What Basis Can You Sue a Trucking Company for a Truck Accident?
There are several ways a trucking company can be held responsible for a crash. Each one is based on a different type of failure. Understanding which ones apply to your case is one of the first things an attorney will look at.
The most common legal theories include:
-
Vicarious liability, which holds the company responsible for what its driver did while on the job
-
Negligent hiring, which applies when the company did not properly check a driver's background before hiring them
-
Negligent supervision, which applies when the company failed to make sure the driver was following safety rules
-
Negligent retention, which applies when the company kept a driver on despite knowing they were a safety risk
-
Negligent maintenance, which applies when the company failed to keep the truck in safe working condition
Each of these directions is backed by federal safety rules. When companies break those rules and someone gets hurt, the law gives that person the right to seek compensation.
What Federal Regulations Govern Trucking Companies in Illinois?
Trucking companies in Illinois must follow both federal and state rules. At the federal level, 49 CFR Part 390 sets the safety standards that all commercial trucking companies must meet. These include rules about driver qualifications, vehicle maintenance, hours of service, and record keeping.
Under the Illinois Vehicle Code, 625 ILCS 5, commercial vehicles in Illinois must also meet state safety standards. When a trucking company breaks either federal or state rules, and a crash happens as a result, those violations can be used as strong evidence of negligence in your case.
What Is Negligent Hiring, and How Does It Apply to Truck Accidents?
Negligent hiring happens when a trucking company puts a driver on the road without checking their background or qualifications. Federal rules require companies to review a driver's safety history, confirm their commercial driver's license, and conduct drug and alcohol testing before they are hired.
If a company skipped those steps and hired a driver with a history of accidents or DUI convictions, and that driver then causes a crash, the company can be held directly liable. The failure to screen properly is its own form of negligence, separate from what the driver did behind the wheel.
What Is Negligent Maintenance, and How Can It Cause Accidents?
Federal rules require trucking companies to inspect and maintain their vehicles on a regular basis. Brake failures, tire blowouts, and steering problems are among the most common mechanical causes of serious truck accidents. When a company ignores required maintenance or sends a truck out knowing it has a problem, it can be held responsible for any crash that follows.
What Evidence Is Used To Prove a Trucking Company's Liability?
Building a case against a trucking company requires specific types of evidence. Some of it can disappear quickly, which is why acting fast matters. Key evidence includes:
-
The driver's qualification file, which contains their driving history, license records, and drug test results
-
Electronic logging device records showing how long the driver was on the road
-
Vehicle inspection and maintenance records
-
GPS and dispatch data showing where the truck was and what instructions were given
-
The company's safety rating and federal compliance history
An attorney can send a formal legal notice right away, requiring the trucking company to preserve this evidence. Without that step, important records can be deleted or overwritten before you ever see them.
Schedule a Free Consultation With Our Joliet, IL Truck Accident Attorney
Attorney Carlson brings nearly 25 years of legal experience to every case, including time as both a judge and a prosecutor. That background gives him a deep understanding of how cases are built and fought from every angle. He works alongside the highly experienced attorneys at Schwartz Jambois, a large personal injury firm with the resources and connections to take on even the most complex trucking cases.
If you were hurt in a truck accident, contact our Will County, IL truck accident lawyer. Call 815-710-3700 today to schedule a free consultation.


