Every year, thousands of Illinois drivers are involved in crashes with large commercial trucks.
In 2024 alone, there were more than 7,100 such crashes statewide, which caused thousands of injuries and nearly 150 deaths. Because of their massive size and weight, these collisions are more likely to result in serious injuries or fatalities than typical car accidents.
After a truck collision, we must ask: who is responsible — the driver(s), the trucking company, or all of the above?
The answer determines how a legal claim is handled and who ultimately bears the financial responsibility. In many cases, liability is shared, and Illinois law allows fault to be divided among multiple parties.
Let’s explore how Illinois determines fault, who’s liable in truck crashes, and what to do after a crash.
How Illinois decides fault
Illinois follows a modified comparative negligence system.
If an injured person is partly to blame for a truck accident, their compensation is reduced by that percentage of fault. So, if you are determined to be 20% at fault, the verdict a jury awards you will be reduced by 20%. But if you are more than 50% responsible, you cannot recover anything at all under state law (735 ILCS 5/2-1116).
When multiple parties are at fault, Illinois law allows for contribution among joint tortfeasors.
This means each defendant can be held responsible for a portion of the damages based on their percentage of fault. If one party pays more than their share, they may seek reimbursement from other responsible parties.
To determine liability, investigators and attorneys often examine a wide range of evidence, such as:
- Police crash reports
- Electronic Logging Device (ELD) data
- Hours-of-Service (HOS) logs
- Vehicle data
- Dashcam footage
- Load and dispatch records
- Maintenance and inspection files
- The driver’s prior safety violations
When the truck driver is liable
A truck driver can be held liable if their negligent behavior caused a crash. This may include speeding, distracted driving, driving under the influence, following too closely, or unsafe lane changes.
If a truck driver violates federal safety regulations, such as the Hours-of-Service limits, it can strengthen a claim by showing the driver was acting negligently because they may have been fatigued or operating beyond legal limits (49 CFR Part 395).
It’s also important to consider whether the plaintiff may share some fault. So, someone who suddenly cuts off a truck may be found primarily at fault and be unable to recover damages.
When the trucking company is liable
A trucking company can also be held liable through vicarious liability. This means the employer is responsible for the driver’s negligence if the driver was working within the scope of their job at the time of the accident.
Illinois also allows direct negligence claims against trucking companies. In other words, a plaintiff can sue a company for its own failures.
Examples would be negligent hiring, inadequate training, insufficient supervision, or entrusting a truck to an unsafe driver. It can also involve setting unrealistic schedules that pressure drivers to break hours-of-service rules, ignoring maintenance issues, or failing to enforce basic safety policies. A plaintiff may pursue these claims even if the company has already acknowledged responsibility for the driver’s actions.
The Illinois Supreme Court clarified in 2022 (McQueen v. Green) that direct negligence claims against trucking companies are still permitted. This holds true even when the company has admitted to being responsible for the driver.
Comparative negligence: When both are liable
It’s common for both the driver and the trucking company to share fault.
Illinois law allows plaintiffs to pursue claims along parallel tracks. In other words, the driver could be sued for personal negligence, and the company could be sued for both vicarious and direct negligence.
In these situations, a jury assigns a percentage of fault to each defendant.
If one party pays more than their share, they may seek contribution from the others. This can impact how cases are settled, as parties often negotiate based on the strength of each claim and their likely percentage of fault.
Other parties that can share blame
Sometimes liability extends beyond just the driver and the trucking company.
Other potentially responsible parties might include the following:
- Maintenance contractors who failed to repair or inspect the vehicle properly, allowing dangerous conditions to persist
- Shippers or loaders who secured cargo improperly, leading to shifting loads or rollovers
- Freight brokers can share liability if they had control over scheduling or safety decisions that contributed to the collision
- Manufacturers of vehicle parts, such as brakes or tires, are liable when defects or faulty designs caused or increased the severity of the crash
- Government entities, when poor road design, inadequate signage, or lack of road maintenance played a role
Liability in these cases depends on the degree of control, the terms of any contracts, and the available evidence of negligence.
What to do after a truck crash
After a truck collision, the steps you take can significantly affect your legal rights. Here’s what to do:
- Seek medical attention immediately — even if injuries aren’t obvious.
- Report the crash to the police and obtain a copy of the crash report.
- Collect as much evidence as possible if you are able, including photos, dashcam footage, and contact information from witnesses.
- Avoid speaking to insurance adjusters without legal representation.
- Consult an experienced trucking attorney, since these cases often involve corporate liability, multiple defendants, and complex laws like vicarious liability and contribution.
Brian Lewis is here to help
If you or a loved one have been injured in a truck crash, then give me a call. I am an experienced personal injury attorney who can help you deal with the insurance companies, put together a case, and bear the brunt of bureaucracy.
Your rights matter. Over the course of my career, I’ve helped clients win millions of dollars to cover medical bills, lost wages, emotional distress, and more. You don’t pay until we win your case, meaning there’s no up front cost and nothing to lose. Give me a call today to get a free consultation.
