Rogue Trucking Companies
Rogue trucking companies are those that violate regulations and have a history of unsafe operations, which may include hiring unfit drivers and failing to properly maintain trucks. In some cases, rogue trucking companies are also set up in order to shield or hide their unsafe practices. Companies may skirt safety regulations or create sham corporations that exist until the company acquires too many motor carrier violations. Rogue trucking companies may be held legally accountable when their dangerous conduct has caused harm to others. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our Chicago truck accident attorneys assert victims’ full right to compensation after a collision and are prepared to set forth evidence that clearly indicates the fault of a rogue trucking company.Hold Rogue Trucking Companies and Unsafe Truck Drivers Legally Responsible for Injuries
Negligence is a legal theory that accident victims may use to hold rogue trucking companies accountable for causing an accident. As the plaintiff in a personal injury lawsuit, an accident victim would have the burden to prove that the truck driver or company was negligent. The elements of a negligence claim are duty, breach, causation, and damages. Rogue trucking companies may be negligent in a variety of ways, such as by violating industry standards for truck companies set forth in federal and state laws. The Federal Motor Carrier Safety Regulations make clear that there are specific rules that truck drivers must follow, and other rules relate to the conduct of companies. A direct violation of a law may support a claim for negligence per se, which requires showing specific elements, such as evidence that the company violated a law and that the victim was part of the group whom the law sought to protect.
Theories such as vicarious liability and negligent hiring may be appropriate after a truck accident caused by a rogue trucking company. As employers, these companies are required to conduct background checks before hiring drivers and to ensure that they hire drivers who are fit to operate a truck. By placing a careless trucker on the road, trucking companies may be held legally at fault for the negligent hiring, training, or supervision of that driver.
Illinois law protects people hurt by rogue trucking companies. When a trucking company engages in legally questionable conduct, such as changing its name to avoid the consequences of violating the law, it should be held accountable. Plaintiffs may assert that the company has a pattern and practice of avoiding liability in this manner, if the evidence supports a finding that the company used different business forms and names.
Securing evidence soon after a big rig crash is important, since a prompt investigation may strengthen a claim for damages. Photographs of the trucking accident scene and documentation of all DOT and VIN numbers are important, as is gathering insurance documents. Experts focused on accident reconstruction may help measure the damage to wrecked vehicles and offer an opinion as to the causes of the accident.
Truck collisions involving rogue trucking companies often lead to catastrophic harm. After showing the responsibility for an accident in an injury claim, the victim will be able to set forth all of the monetary damages related to the crash. Individuals often suffer lost income and decreased earning capacity due to accident-related injuries. Medical costs should be carefully documented and set forth, both for current harm and for expected future treatment. Finally, victims may recover for pain and suffering and other emotional consequences of an accident.Contact an Experienced Chicago Lawyer to Protect Your Rights
An immediate investigation into the cause of a truck accident is critical, since rogue trucking companies will often attempt to hide from responsibility for an accident. The Chicago attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca help victims try to hold trucking companies accountable for their harm. Not only are trucking companies required to follow safety regulations, but also they must ensure that they place safe drivers on the road. Our motor vehicle collision lawyers can investigate and set forth strong evidence in support of claims for compensation. We have helped victims throughout Illinois, including in Quincy, Springfield, Champaign, Aurora, and other areas of Kane, Cook, Sangamon, Winnebago, and Adams Counties. To set up a free consultation with a dedicated attorney and to learn more about your rights, call our office at (800) 444-1525 or complete our online form on this website.