Vicarious Liability In Illinois

Trucking companies employ drivers who operate the company’s leased or owned vehicles. When these vehicles are involved in a crash due to the driver’s negligence, the legal theory of vicarious liability may hold the trucking company responsible for the resulting harm. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our Chicago truck accident lawyers advocate for victims and pursue compensation from truck drivers as well as trucking companies. Our skilled attorneys rely on our extensive knowledge of both state and federal trucking laws. If you or someone close to you has been hurt in a truck accident, we can investigate all of the potential avenues of legal relief and provide compassionate, effective legal representation as we pursue your right to monetary damages. Call 312-724-5846 to receive a free consultation.

Understanding Vicarious Liability And Its Application To Trucking Companies

Vicarious liability is a legal theory that holds employers legally responsible for how their employees behave on the road. The Illinois Supreme Court clarified the scope of vicarious liability in McQueen v. Green, 2022 IL 126666. This case reinforced that employers bear responsibility for their employees’ negligent acts committed within the scope of employment. The decision strengthens accident victims’ ability to hold trucking companies accountable when their drivers cause harm on Illinois roads. This creates a need for employers to ensure their employees are equipped with the necessary skills to drive responsibly.

Why Does Vicarious Liability Matter In Truck Collision Cases?

Trucking companies carry commercial insurance policies with significantly higher coverage limits than individual drivers. This means pursuing a claim against the company and not just the driver can result in substantially greater compensation for your injuries and losses. Federal regulations require trucking companies to maintain extensive insurance coverage, which creates a larger pool of funds available to cover your medical bills, lost income and other accident-related expenses. Keep in mind that insurers will fight to protect their bottom line by challenging your claim and attempting to reduce the amount they pay out.

Common Defenses Trucking Companies Use

One potential defense to a vicarious liability claim is that the driver was not an employee and that, therefore, the agency relationship underlying vicarious liability did not exist. If a driver was in fact an independent contractor, the company would not be at fault for their actions. In some cases, the trucking company may allege that a driver was an independent contractor when in fact they were an employee. A careful investigation by a skilled truck collision lawyer in the Chicago area can help overcome this defense to a victim’s legal claim.

When Trucking Companies Fail Their Duty Of Care

Legally, truck companies are responsible for the safety of their drivers, as well as others sharing the road with their massive vehicles. When a truck driver’s careless conduct harms others on the road, the victim may discover evidence that the trucking company failed to meet its duty of care. Common examples include:

• Failing to obey safety standards and state and federal trucking laws
• Keeping inaccurate logs or failing to maintain proper records
• Neglecting vehicle maintenance and safety inspections
• Hiring unqualified drivers with histories of repeated driving violations

In these situations, in addition to vicarious liability, trucking companies may face direct liability claims for negligent hiring, negligent training or negligent maintenance.

Consult A Skilled Attorney For A Claim Involving Vicarious Liability

For decades, Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, has helped victims of truck collisions seek compensation for their accident-related harm. Our motor vehicle collision lawyers have the insight necessary to set forth a strong claim for relief, recovering the full extent of damages to which a victim is entitled by law. If you or someone close to you has been hurt in a truck accident, call our office to schedule a complimentary, no-obligation consultation with a Chicago lawyer. We can be reached online or by phone at 312-724-5846. Our attorneys also help people in Springfield, Quincy, Aurora, Champaign, and other areas of Cook, Kane, Adams and Winnebago counties.