How Truck Accident Claims Differ From Car Accident Claims

Truck accident claims can differ from ordinary car accident claims because commercial trucks are larger, may cause more severe injuries, and can involve multiple potentially responsible parties. Evidence may also include driver logs, maintenance records, cargo information, company policies, and other commercial records that are less likely to be involved in a typical passenger-vehicle collision.

Chicago is a major transportation hub with extensive highways, commercial corridors, and busy city streets. The city experiences substantial movement of freight and commercial vehicles throughout the metropolitan area.

Trucks regularly travel alongside passenger vehicles, particularly on major routes connecting Chicago with surrounding communities and distribution centers. After a serious collision involving a commercial truck, a truck accident lawyer in Chicago can help you understand the evidence and legal issues that may affect your claim.

More Parties May Be Involved

A car accident may primarily involve the drivers and their insurance companies. Truck accidents can involve additional parties.

Depending on the circumstances, potential parties may include the truck driver, trucking company, vehicle owner, cargo company, maintenance provider, or manufacturer of defective equipment.

Determining responsibility requires examining how the accident occurred and the relationship between the parties involved.

Trucking Regulations Can Matter

Commercial truck drivers and carriers may be subject to federal and state regulations concerning issues such as hours of service, vehicle maintenance, driver qualifications, and cargo securement.

A violation does not automatically establish liability in every case, but relevant regulatory records can provide important evidence when determining what happened.

Evidence Can Be More Extensive

Truck accident investigations may involve evidence that is not typically available in a standard car accident claim.

Potential evidence can include:

• Electronic logging data
• Driver qualification records
• Vehicle inspection and maintenance records
• Cargo loading information
• Dashcam or other video footage
• Electronic vehicle data
• Company safety policies
• Driver communications
• Accident reports and witness statements

Some of this evidence may be maintained by trucking companies or other businesses, so preserving relevant records can be important.

Injuries and Damages May Be Significant

Because commercial trucks are substantially heavier than passenger vehicles, collisions can result in serious injuries and extensive property damage.

An injured person may face medical treatment, rehabilitation, lost income, reduced earning capacity, and other consequences. Non-economic losses may also be relevant depending on the circumstances and applicable law.

The severity of an injury should be supported by medical documentation rather than assumptions based solely on the size of the collision.

Insurance Coverage Can Be Different

Commercial trucking operations may involve insurance policies with different coverage levels and requirements than ordinary personal auto insurance.

Multiple insurers may become involved when several parties have potential responsibility. Insurance representatives may begin investigating the collision quickly, making it important to preserve evidence and provide accurate information.

Do not assume that the first insurance company you speak with represents every party that could potentially be responsible.

Illinois Uses a Comparative Fault System

Illinois generally applies modified comparative negligence rules to personal injury claims. Under 735 ILCS 5/2-1116, a person’s recovery can be affected by their percentage of fault, and a plaintiff whose fault is more than 50% may be barred from recovering damages.

This makes evidence concerning how the collision occurred particularly important. Statements from witnesses, photographs, traffic-camera footage, vehicle data, and accident reconstruction evidence may all help establish the circumstances.

Truck Accident Claims Can Take Time

A serious truck accident claim may require investigation into several parties, insurance policies, regulatory records, and medical issues. The process can therefore be more involved than a straightforward vehicle-damage claim.

An attorney can help identify potentially responsible parties, evaluate available evidence, communicate with insurers, and determine what legal options may be available.

Key Takeaways

• Truck accidents can involve multiple potentially responsible parties.
• Commercial trucking regulations may provide relevant evidence.
• Driver, maintenance, cargo, and electronic records can be important.
• Commercial insurance coverage may differ from ordinary auto insurance.
• Illinois comparative fault rules can affect recovery.
• Serious truck accident claims may require a more extensive investigation than ordinary car accident cases.