Interstates 55 and 70, U.S. Routes 66 and 67, and the highways feeding the Metro East carry heavy truck traffic through our region every day. When an 80,000-pound vehicle collides with a passenger car, the injuries are severe and the legal case is different from an ordinary crash.
Why trucking cases are different
- Federal safety rules apply. Commercial carriers and drivers must follow Federal Motor Carrier Safety Regulations on hours of service, driver qualification, drug and alcohol testing, vehicle inspection, and cargo securement. A violation is powerful evidence of negligence.
- More than one responsible party. The driver, the motor carrier, the owner of the trailer, the shipper who loaded the cargo, and the maintenance contractor may each share responsibility, and each may have separate insurance.
- Higher insurance limits. Interstate carriers must carry substantially more liability coverage than passenger vehicles, which matters when injuries are catastrophic.
- Evidence disappears quickly. Electronic logging device data, engine control module records, dash-camera footage, dispatch records, and driver logs can be overwritten or destroyed within weeks unless a preservation demand is sent.
Common causes we investigate
- Driver fatigue and hours-of-service violations.
- Mechanical failures in brakes, tires, and lighting, and skipped inspections.
- Improper loading, overloaded trailers, and unsecured cargo.
- Distracted, impaired, or aggressive driving, and unqualified drivers put on the road by carriers who cut corners on hiring.
- Weather combined with speeds unsafe for conditions.
How we handle a trucking case
- We send spoliation letters immediately to the carrier and its insurer demanding preservation of the truck, its data, and company records.
- We obtain the crash reconstruction, the driver's qualification file, logs, and inspection history, and retain experts where needed.
- We identify every responsible party and every layer of insurance.
- We document the full extent of your injuries, including future care and lost earning capacity, before any demand is made.
If you or a loved one was injured in a collision with a commercial truck, call us before you speak with the trucking company's insurer. The consultation is free, and you pay no fee unless we recover for you.
Common questions
Who can be held responsible for a truck accident?
Potentially the driver, the trucking company, the trailer owner, the company that loaded the cargo, a maintenance contractor, and in some cases a parts manufacturer. Identifying every responsible party and every insurance policy is one of the first things we do.
What evidence matters most in a trucking case?
Electronic logging device data, engine control module downloads, dash-camera footage, driver logs, the driver qualification file, inspection and maintenance records, and dispatch communications. Much of it is in the carrier's control and can be lost unless a preservation demand is sent quickly.
Do I need to act faster than in a car accident case?
Yes. The filing deadline is generally the same two years, but the carrier's evidence can be overwritten in weeks. Contact an attorney as soon as possible after the crash.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship with Brandenburg & Rees, LLP. Laws change and every situation is different; consult an attorney about your specific circumstances.
