Can You Sue a Trucking Company if a Driver Causes an Accident in Illinois?

 Posted on October 24, 2025 in Bus/Train Accidents

Like any other person on the road, truck drivers can cause serious, even deadly, accidents. Illinois uses a fault-based system for truck accident cases. That means the party responsible for the accident is also liable for damages. What makes a truck accident different is that the truck driver’s employer could share blame. If you suffered an injury in a truck accident, our Chicago, IL truck accident lawyers can help you understand your options and protect your right to compensation.

When Is a Trucking Company Liable for a Driver’s Actions in Illinois?

Under a legal rule called respondeat superior, an employer can be held responsible for the actions of an employee. This rule applies when the employee was doing work duties at the time of the accident. Therefore, if a truck driver causes a crash while making a delivery, the trucking company may also be liable.

Illinois law allows injured people to sue both the driver and the company. However, if the driver was off duty, acting outside work duties, or using the truck for personal reasons, the company may not have to pay.

How Do You Prove the Trucking Company Was Negligent?

Even if the company is already responsible for the driver’s actions, you may also have a separate claim based on the company’s own careless conduct. You may be able to prove negligence by showing that the company:

• Did not train or supervise the driver properly

• Ignored limits on how long drivers can stay on the road

• Skipped required truck inspections or maintenance

• Encouraged drivers to meet unsafe delivery schedules

The Illinois Motor Carrier Safety Law, under 625 ILCS 5/18b-105, sets strict safety standards for trucking companies. These rules cover training, driver qualifications, and truck maintenance. The Federal Motor Carrier Safety Regulations also apply to companies that operate across state lines. Violating these laws can help show that a company acted negligently.

The statute of limitations for a truck accident claim in Illinois is typically two years from the date of the crash to file a personal injury lawsuit. However, you can file an insurance claim at any time. The longer you wait, the more it can weaken your case. The best option is to hire an experienced attorney to investigate your case and file the claim for you right away.

Can You Still Sue if the Truck Driver Was an Independent Contractor?

Some trucking companies try to avoid responsibility by labeling drivers as "independent contractors" instead of employees. However, that does not always mean you cannot recover compensation. In these cases, you may be able to sue the driver directly or file a claim through the driver’s personal commercial insurance policy.

Illinois courts often look beyond job titles to see how much control the company actually had over the driver. If the company sets routes and delivery times or requires the driver to follow company policies, that shows a high level of control. In that case, a court may decide the driver was effectively an employee. In that situation, you might be able to still sue both the driver and the trucking company for your injuries.

Schedule a Free Consultation With a Chicago, IL Truck Accident Attorney

Filing a claim with a trucking company’s insurer can be challenging. The company and the insurer can be combative, often trying to avoid accountability. A seasoned personal injury attorney can make the difference between a fair settlement and mounting losses. At Winters Salzetta O'Brien & Richardson, LLC, you will work directly with experienced partners who stay involved in every case. Since 1997, our attorneys’ diverse backgrounds and team approach have helped clients across Illinois achieve strong results in complex truck accident claims.

If you or a loved one was injured in a truck crash, contact our experienced Chicago, IL truck accident lawyers today at 312-236-6324 for a free consultation.