Illinois Truck Accidents Caused by Federal Safety Violations: What Victims Should Know

What Is a Federal Safety Violation?

A federal safety violation constitutes any action or inaction that contravenes rules and regulations set and enforced by the Federal Motor Carrier Safety Administration (FMCSA). Examples of federal safety violations in the commercial truck industry include:

• Dangerous driving habits, such as speeding, drunk driving, distracted driving, and reckless driving
• Vehicle maintenance issues, such as driving a truck with faulty parts
• Hours-of-service (HOS) violations like exceeding the daily driving limits and manipulating duty status records
• Driver competency issues, such as being inexperienced, unqualified, or operating the vehicle with a suspended or revoked license

Violations of FMCSA regulations often lead to serious collisions, injuries, and fatalities. In fact, 6,323 truck accidents occurred in Illinois in 2023, causing 23 fatalities and 1,101 serious injuries.

Failure to follow FMCSA regulations and causing accidents amounts to negligence. So, you may have grounds to sue a truck driver or trucking company if you were hurt in an accident caused by a federal safety violation.

Who Is Liable for Truck Accidents Caused by Federal Safety Violations

The FMCSA safety guidelines regulate various facets of the trucking industry. In most truck accident claims, multiple parties may have broken the safety rules. For this reason, truck accident lawsuits may involve multiple liable parties.

Truck Driver

A driver can be liable for causing a truck accident if the driver violated the FMCSA hours-of-service regulations or DWI rules. The blood alcohol content (BAC) limit for CDL holders is 0.04%. That’s much lower than the 0.08% BAC limit for non-commercial drivers. Ten hours is the maximum number of service hours a driver can continuously be on the road.

Trucking Company

A trucking company may violate federal safety rules in various ways. For example, the company may fail to observe the recommended truck maintenance schedules. The company may also fail to address driver violations of HOS regulations. The company is responsible for supervising truck drivers while on duty.

Third-Party Truck Maintenance Service

Trucking companies are generally responsible for ensuring truck maintenance protocols meet the FMCSA guidelines. However, some companies outsource truck maintenance to a third-party service provider. A third-party maintenance company that violates FMCSA maintenance rules may be held liable in the event of an accident.

Cargo Loaders and Leverage Teams

The FMCSA also establishes cargo securement rules. It specifies the tools and procedures to follow when loading and securing cargo. These rules are designed to prevent highway safety risks caused by the lateral movements of in-transit cargo. The loading company will be the liable party if a driver loses control of the truck because of unsecured or poorly secured cargo.

Damages Available in a Truck Accident Claim

You have a legal right to recover damages if you were in a truck accident caused by another party’s negligence. Generally, accident victims can recover two types of damages. They include economic and non-economic damages.

Economic Damages

Economic damages are awarded to help you recover financial losses and property damage caused by the accident. These include medical costs, lost income, restricted earning capacity due to a disability, and property damages.

Determining the value of your economic damages is straightforward. Your lawyer can accurately estimate your economic damages using various financial documents. Examples include medical bills and expenses, bank statements, and pay stubs. The receipts indicating property value and repair costs can help estimate the value of property damage.

Non-Economic Damages

Non-economic damages compensate you for the pain and suffering caused by the accident. Truck accident claimants often suffer non-physical injuries. They include psychological trauma, emotional pain and suffering, reduced quality of life, and loss of consortium. These are intangible damages whose true value can be hard to estimate. A truck accident lawyer knows the legal methods of estimating and proving these damages.

Punitive Damages

Punitive damages aren’t meant to compensate you for your injuries or losses. These damages are awarded as punishment to a truck driver or trucking company for gross negligence. Such negligence occurs when the driver or company knew the safety risks caused by their actions. Their willful disregard for federal safety rules caused the truck collision. In such a case, the court awards punitive damages to discourage other drivers from engaging in similar negligent actions.

At Strong Law Offices, our truck accident lawyers have advocated for the best interests and rights of accident victims for more than 25 years. We have the skills and resources to help you receive compensation. Contact us today for a free case review.

Frequently Asked Questions (FAQs)

What Steps Should I Take Immediately After Being Involved in a Truck Accident?

The first thing you should do is call 911 to report the collision and request emergency medical responders if you are injured. Then, obtain information from the other driver. This information includes their name, driver’s license number, contact number, insurance information, and the trucking company’s details. Be sure to also take pictures and videos of the accident scene and record the contact information of eyewitnesses.

How Long Does a Truck Accident Claim Take to Settle?

There’s no standard timeline for truck accident claims. Truck accident claims often take longer than car accident claims. Several factors affect the case timeline, including the severity of the injury, insurance coverage, treatment and recovery duration, the number of potentially liable parties, and the settlement amount. Generally, a truck accident claim may take a year or several years to resolve.

Who Covers My Treatment Costs Immediately After a Truck Accident?

The liable party is responsible for covering your medical expenses through their insurer. The only problem is that the insurer will only pay the compensation after the case is settled. Therefore, you may have to rely on your health insurance coverage to cover the treatment costs. If you don’t have health insurance, your lawyer may arrange for your treatment from providers who can agree to claim medical liens on the settlement. That way, you’ll receive medical care and pay after receiving compensation.