Since Chicagoland is an international transportation hub for freight and cargo moving throughout the United States and beyond, the number of commercial trucks on our roads is incredibly high. With all our truck traffic comes an inflated risk of a serious or deadly semi-truck crash. See, Dangerous Combination in Chicago: Semi-Truck Traffic and Road Construction Work Zone and Big Trucks in Chicago: Dangers of 18-Wheeler Accidents in Chicagoland.
When a catastrophic truck crash happens, several different individuals and entities may be culpable for the tragedy. Only a thorough investigation by expert truck accident analysis professionals can determine the reasons for the truck accident and all the factors that contributed to what happened.
However, in many instances, the truck crash victim and their loved ones will find that a trucking company (”carrier”) has legal liability for the harm they have suffered. This carrier may be either an individual or business entity in the business of transportation services. Key is the ownership of the rig involved in the crash.
Some trucking companies are small businesses. Other carriers can own lots of big rigs. They will have a fleet of vehicles, either to haul cargo under a contract for their customers or for use as part of their own larger business operations.
Either way, no matter the size of the trucking company, their function is simple enough. These trucking carriers are in the business of getting a shipment of goods from a shipper and then transporting that cargo from the shipper to the buyer or consignee. And they are tasked with doing this transport fast and well.
In the event of a motor vehicle accident during the transport of the shipment by the carrier’s truck, that trucking company may be held liable for damages resulting from the crash.
Major Owners of Semi-Trucks on Chicago Roadways
For safety organizations and advocates for truck crash victims in the greater Chicago metropolitan area, understanding the major owners of these big commercial trucks is important. It is complicated, and from a legal perspective the determination of ownership is vital for any personal injury claim.
There are major fleets here run by national retailers. There are also freight carriers that operate lots of semi-trucks throughout Chicagoland. Also in the mix are logistics and courier services who provide delivery networks to their clientele. And these trucks may be serving local supply chains or their trucks may be transporting freight across the country.
Consider the following:
- Amazon, PepsiCo, Sysco, and Wal-Mart are all retailers and distributors who use their own fleets of big rigs to distribute their products here in the Chicago area;
- FedEx and UPS are two major courier companies that own and operate 18-wheelers at all times of day and night on Chicagoland roadways; and
- JKC Trucking, Knight-Swift Transportation, and Schneider National are three huge carriers with their own company-owned trucks who offer freight transportation services to their customers.
When Are Trucking Companies Liable for an 18-Wheeler Accident in Chicago?
Each serious or fatal truck crash deserves compassionate consideration and a complete investigation into its causes. Investigations will be undertaken independently by law enforcement (for possible criminal charges); governmental agencies (for regulatory violations); and by insurance adjusters and others who are dedicated to finding ways to minimize or negate financial liability for the accident and its consequences.
From the perspective of the truck crash victim and their loved ones, they have a legal right to have their own investigation so they can learn who may have legal recompense. From their efforts, they may find legal liability for the carrier based on a number of things, such as:
1. Employer Liability
Should the investigation confirm that the truck driver was a cause of the accident, then the trucking company may be liable as the trucker’s employer. The law may find that the employer is liable for the actions of the employee’s negligent or reckless conduct behind the wheel.
If the investigation reveals that the carrier hired a driver without proper background checks (to confirm things like driving records; past criminal history of DUIs, etc.) or without providing proper training on the truck before allowing the trucker to drive then the trucking company in its role as employer of the driver may be legally liable for negligent hiring, training, or supervision.
Another employer safety duty that may be breached in a truck crash involves HOS Rules, where the carrier fails to respect the Hours of Service regulations set up by the Federal Motor Carrier Safety Administration. If a truck driver is pushed to make a delivery deadline regardless of HOS Rules, for instance, or if a trucker is so fatigued behind the wheel that a mistake happens with horrific consequences, then the carrier may be responsible under the law.
Also see: Truck Driver Fatalities on the Rise: Fatigue, Speed, and the Trucking Industry; and Exhausted Truck Drivers: Who Can Discover ELD and HOS Fraud to Enforce Federal Safety Laws?
2. Inspection, Maintenance, and Repair Duties
The owner of the commercial truck has a tremendous responsibility to make sure that the tractor and the trailer are all in proper working order. Inspections need to be undertaken frequently. Any part of the semi-truck that needs repair, general upkeep, or replacement is under the legal duties of its owner. If a truck crash happens because a truck failed in some way due to a lack of inspection or maintenance, then the carrier may be legally liable for any resulting crash.
3. Loading Practices and Shifting Cargo
The trucking company may not be responsible for the packaging of goods it undertakes in transport, but there is a legal duty placed on the carrier to make sure the cargo is properly loaded and secured within the truck before transportation begins. There should be established loading practices set up by the carrier which are carefully followed. If a crash occurs due to shifting cargo (think rollover), then the trucking company may have legal liability. See, Shifting Loads and Unstable Cargo: Dangerous Causes for Semi-Truck Crashes.
Legality Concerns: Liability Webs
For those experienced in semi-truck crash matters involving fatal truck accidents in the Chicagoland area, it is not surprising to find in any truck crash victim’s investigation that determining carrier liability is not a simple question to answer.
Sophisticated insurance companies and their defense counsel, together with management in the bigger motor carriers, work hard to find shields within the law to protect their bottom line from having to pay damages after a tragic truck crash.
Truck crash victims should not be surprised to learn that the truck may have a famous logo on its side, but the truck was legally operated by an independent owner-operator or third-party carrier holding a contract with the big logo company. It will be the job of the accident victim and their advocates to find out if there are legal bases to find that logo-company responsible (e.g., with questions like if they control aspects of the driver’s delivery work, etc.).
For more, read Woosley, John M., et al. “MOTOR CARRIER REGULATION AND LAST MILE DELIVERY: HAVE WE COME FULL-CIRCLE WITH CARRIER PRACTICES?.”
Trucking Company Injury Claims for Truck Crash Victims in Chicago
Any serious or deadly truck crash in Chicagoland will have a complicated path to justice, since there will be lengthy studies in all the details of the crash itself, as well as what was happening before impact, state of all vehicles, all drivers, the road conditions, and more. Both state and federal law will be involved, as well.
For truck crash victims, pursuing claims against a major truck carrier will be important not only for their own individual justice but will also serve all of Chicagoland in the prevention of large truck accidents in the future. Damages may be available not only to the victim hurt in the truck crash, but to their family members as defined by law.
Also read:
- What To Do After Serious Semi-Truck Crash: Weeks and Months Following the Accident
- What To Do After a Serious Semi-Truck Crash: The First 48 Hours
- Chicago Truck Accidents: Liability after Serious Chicagoland Semi-Truck Crash
- Why Are There So Many Serious or Fatal Semi-Truck Accidents in Chicagoland?
- Semi-Truck Crashes: Who Can Be Held Legally Responsible for Commercial Trucking Accidents in Indiana and Illinois?
Trucking companies oversee a great number of 18-wheelers rumbling throughout Chicagoland today, where road construction work zones, traffic congestion, and other dangers create a great risk of a semi-truck crash. Please be careful out there!
