Are Trucking Companies Liable for a Truck Accident?

 Posted on March 13, 2025 in Truck Accidents

Truck accidents are unique for a couple of reasons. First, a fully loaded truck can weigh as much as 80,000 pounds, while the average passenger car weighs somewhere around 3,000 pounds. This significant disparity in size usually results in those in the passenger vehicle sustaining serious or catastrophic injuries or dying from the collision.

In some cases, the truck driver may be at fault, whether because he or she was engaging in distracted driving behavior, driving recklessly or carelessly, driving while impaired, or driving while overly fatigued. The second reason truck accidents are unique is that there is often more than one at-fault party.

Even if the truck driver was at fault, the trucking company that employs the truck driver may also be held liable, along with the loading company and even the truck maintenance company. Because there can be more than one liable party, truck accidents are particularly complex, requiring a highly experienced Plainfield, IL personal injury attorney to ensure a fair settlement.

Why Might the Trucking Company Be Liable for a Truck Accident?

While a truck driver may be held personally liable for causing the accident, the trucking company that employs the driver can share responsibility. Generally speaking, employers are responsible for the negligent actions of employees during their job duties, but a trucking company can also face direct liability if the trucking company contributed to the accident through its own negligent practices or policies. Trucking companies may be liable for an accident in the following circumstances:

The Trucking Company Engaged in Negligent Hiring Practices

When a trucking company fails to ensure its drivers are properly trained or certified, the company can be held liable. The company must do a thorough background check on each driver to confirm he or she took the required driver’s training courses, has the appropriate license, and has received certification. The driver’s history must be carefully looked at to make sure there are no DUI arrests or other serious traffic offenses.

Finally, the company must make sure the driver is healthy enough to be driving and can pass a physical exam. Since the trucking industry is facing a driver shortage, some of these rules may be bypassed. When this happens, and the driver is involved in an accident, the trucking company can be held liable.  

The Trucking Company Exhibited Negligent Supervision of Its Truck Drivers

Once a driver is hired, the trucking company is responsible for ensuring he or she is not exceeding the allowable hours and driving while drowsy or overly fatigued. The driver must comply with federal regulations regarding drug testing and be suspended if he or she fails a mandatory drug test.

 If a trucker is hired and then the company realizes he or she is inexperienced, the company must offer additional training. Trucking companies must also ensure that truck drivers are only driving vehicles they are licensed to drive.  Any job performance issues must be addressed quickly and in a meaningful manner, or the trucking company could be held liable for an accident.

The Trucking Company Has Failed to Maintain a Safe Fleet of Trucks

Since the trucking company owns the trucks, it must take steps to ensure each truck is safe to drive through regular inspections. Since repairs tend to be expensive, some trucking companies may try to ignore any problems until an accident occurs. Trucks with worn-out tires, brakes that fail, or steering problems can all cause serious accidents. Trucking companies are not allowed to endanger the public by cutting corners, so they could be held liable if a truck accident is the result of a poorly maintained truck.

Contact a Will County, IL Truck Accident Lawyer

If you have been involved in a truck accident, you may have severe injuries that could require months or years of medical procedures and rehabilitative therapies. You are entitled to a settlement that fully covers your medical expenses, lost wages, future lost wages, and pain and suffering.

Speaking to a knowledgeable Plainfield, IL truck accident attorney from Flaherty Law, LLC can make a difference in the outcome. Attorney Flaherty is highly experienced in representing those in personal injury cases. Call 815-577-7500 to schedule your free consultation.