Drivers of 18 wheelers and most other large trucks are required to take special training courses in order to operate their truck. Whether or not the trucking company could be named as a defendant in a Chicago truck accident will largely depend on:
- Whether the driver was an actual employee of the trucking company. Some trucking companies hire employees. Other trucking companies contract with owner-operators. An owner-operator is someone who owns the own truck. They provide delivery for the trucking company and the trucking company pays them for it. However, they are not an employee of the trucking company.
- Legal liability. This is tied to the last point. It must be proven that there was a relationship, such as employer and employee, that asserts that the trucking company had some sort of legal authority over their driver. In the instance of an owner-operator involved in a truck accident in Chicago, the legal liability toward the trucking company may not exist. However, in some instances, it still may be possible. It’s important to speak with a Chicago accident attorney at Malman Law if you’re involved in an accident of this nature. Call us for your free consultation.
I was hurt in a truck accident in Chicago. Who will pay for my injuries?
If you are involved in a truck accident in Chicago and you’ve been injured, the expenses that you’ve incurred will ultimately depend on the facts surrounding your case. However, you may be able to bring a truck accident lawsuit against the driver, the trucking company, and the truck manufacturer.
Driver. The driver may have been negligent while loading or operating the truck. Loading errors can cause the load to shift during transport. The shifting load can cause a trailer to tip. On some types of trailers, the cargo may fall off and cause a hazard or hurt someone.
Trucking company. In some instances, the trucking company may be at least partially responsible for the accident. However, in order for the trucking company to be a defendant, they must have a legal responsibility for the driver. This means that the driver needs to be an actual employee of their company as opposed to being an owner-operator. Trucking companies who provide trucks to employees are responsible for providing routine maintenance of the tires, brakes, safety equipment, and other parts and components.
Truck manufacturer. When a faulty truck is built by the manufacturer and it is involved in an accident, you may be able to sue the truck manufacturer under product liability laws. Faulty truck designs and mistakes made during assembly are extremely dangerous.
If you were involved in a truck accident in Chicago, make sure that you call the truck accident lawyers at Malman Law. We provide free consultations.