Identifying every liable party is one of the most important steps in an Aurora truck accident claim. It can mean the difference between a limited recovery and full compensation for your medical care, lost income, and long-term needs.
Illinois follows an at-fault system for traffic accidents, including those involving commercial vehicles. This means the party responsible for causing the crash is financially accountable for the resulting damages.
Injured victims can typically seek compensation by filing claims against the following parties:
- The truck driver’s insurance
- The trucking company’s commercial liability policy
- Other parties whose negligence contributed to the collision
Illinois also utilizes a modified comparative fault rule, meaning you can recover damages from all parties who contributed to your crash. If you are found partially responsible for the crash, your compensation will be reduced by your percentage of fault. For example, if you are 10% responsible for the collision, your damages are reduced by 10%. However, if you are found 51% or more at fault, you cannot recover compensation in court.
Common Liable Parties in Truck Accident Cases
Truck accident lawsuits often involve multiple defendants. Each additional responsible party may provide access to separate insurance coverage, increasing the total compensation available.
Common parties that may be legally responsible include:
- The truck driver – for speeding, distracted driving, fatigue, impairment, or violating safety regulations
- The trucking company – for negligent hiring, poor training, unrealistic schedules, or encouraging unsafe driving practices
- The truck owner or leasing company – for failing to inspect, repair, or properly maintain the vehicle
- Maintenance and repair contractors – for faulty repairs or overlooked mechanical defects
- Cargo loading companies – for improperly securing or overloading freight
- Vehicle or parts manufacturers – for defective brakes, tires, steering systems, or other critical components
Determining who caused a truck accident requires extensive investigation and possible consultation with experts across disciplines.
An Attorney Can Help You Identify All Liable Parties
A truck accident attorney can handle all aspects of your case. An Aurora accident lawyer will gather the following evidence to establish your claim:
- Electronic logging device (ELD) data
- Black box and event data recorder information
- Driver qualification and training records
- Maintenance and inspection logs
- Dispatch schedules and route planning
- Cargo manifests and weight documentation
- Surveillance footage and dashcam video
- Federal safety regulation compliance
This evidence may help show that a truck driver experienced fatigue caused by illegal hours or that a trucking company skipped maintenance inspections.
An experienced attorney also evaluates your medical records and financial losses to ensure all damages are properly documented. By identifying every negligent party and applicable insurance policy, your legal team can help maximize your compensation for
- Medical bills
- Lost income
- Property damage
- Out-of-pocket expenses
- Physical therapy and rehabilitation
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Reduced quality of life
- Loss of consortium
If you were injured in a truck crash in Aurora, you should consult an attorney right away. Contact Feagans Law Group to schedule a free consultation to learn more about your rights and options after a crash.