Can more than one party be responsible in truck accidents?

Yes, more than one party can be responsible for a truck accident. The truck driver, the trucking company, another motorist, a maintenance provider, or a parts manufacturer can each share fault depending on what caused the crash. Under Illinois law, you have the right to seek compensation for your injuries and property damage from each party at fault. A Chicago truck accident lawyer at Horwitz, Horwitz & Associates can help identify everyone responsible and pursue your claim against them.

cars and trucks driving on a highway - can more than one party be responsible in truck accidents in Chicago, IL?

Who can be held responsible in a truck accident?

When you discuss your case with your truck accident attorney in Chicago, they’ll ask you questions about your case to identify potentially liable parties and determine fault. Those who could be held responsible might include:

  • The truck driver
  • The commercial trucking company
  • Inspectors who overlooked hazards
  • A parts manufacturer that sold defective truck components
  • A service shop that incorrectly installed the truck tires
  • Cargo loaders who failed to secure or balance the freight correctly
  • Another motorist whose actions caused the truck to crash
  • Government agencies responsible for maintaining the roadways
  • Road construction crews

In 2022, at least one driver-related factor (most often speeding or inattentive driving) was recorded for about 33% of the large-truck drivers involved in fatal crashes, according to the FMCSA’s Large Truck and Bus Crash Facts. However, to recover damages from all possible avenues, your attorney will investigate to uncover any person or company that shares responsibility for your losses.

Why do truck accidents involve more parties than car accidents?

Truck accidents often involve more parties than car accidents because many individuals and companies are part of the pipeline of moving cargo through commercial trucking. All of those entities could carry a percentage of fault and be held responsible for your injuries.

Another way that truck accident claims differ from car accident claims is that a car driver is more likely at fault for driving while drunk or distracted. In a truck accident, the driver may play the larger part, but faulty repairs or inadequate maintenance can place part of the blame on the trucking company owners.

How is fault divided when multiple parties are responsible?

Under 735 ILCS 5/2-1116, insurance companies and judges use the evidence at hand to determine who is at fault. When multiple parties carry blame, Illinois uses modified comparative negligence to divide fault and financial liability among all those involved, including the plaintiff when necessary.

If you’re found more than 50% at fault, you can’t recover damages at all. At 50% or less, you can still file a claim or lawsuit, but your compensation is reduced by your share of the blame. For example, if your damages total $50,000 and you’re found 25% at fault, your recovery is reduced by $12,500 (25%), leaving you with $37,500.

How does identifying every liable party affect your compensation?

If you don’t work with an experienced truck accident lawyer, you may only file a claim against the truck driver personally. This could result in too little financial relief to pay your medical costs, lost wages, and long-term care. By investigating all details of your case, your lawyer may discover that the trucking company failed to perform background checks on the driver.

Your lawyer may also learn that the driver violated the FMCSA’s hours-of-service regulations, but the company allowed them to keep driving. Your attorney may further find that the trucking company didn’t keep their vehicles repaired or used substandard parts to save costs.

By identifying every liable party, your attorney can file insurance claims or lawsuits against all those at fault, maximizing your options for full compensation.

Discuss your truck accident case with Horwitz, Horwitz & Associates

Large trucks are involved in tens of thousands of injury crashes across the country every year, and dealing with their insurers while you’re trying to recover can feel overwhelming.

When a trucking company or another party may be responsible for your injuries, you have options for seeking the compensation available to you. Arrange a free consultation with a Chicago truck accident lawyer at Horwitz, Horwitz & Associates: contact us online or call (800) 985-1819.