How Trucking Companies Try to Avoid Liability After a Truck Accident

A collision involving a commercial truck can be far more complicated than an ordinary car accident. A tractor-trailer may weigh tens of thousands of pounds more than a passenger vehicle, and the trucking company, driver, freight broker, maintenance provider, leasing company, and multiple insurance carriers may all become involved after a crash. Determining who is legally responsible can require an investigation that goes well beyond the police report.

After a serious truck accident, trucking companies and their insurers may take steps to limit their financial exposure. This does not necessarily mean that a trucking company has done anything improper. However, injured people should understand the types of defenses and liability arguments that can arise so they can recognize when important evidence may need to be investigated and preserved. When a truck accident causes serious injuries, the evidence can disappear quickly. An injured person may therefore need to act promptly to protect his or her legal rights.

Trucking Companies May Try to Shift Blame to the Driver

One issue that frequently arises after a commercial truck accident is whether the trucking company is responsible for the conduct of its driver. A trucking company may attempt to characterize a crash as an isolated mistake by an individual driver. For example, the company may argue that the driver violated a traffic rule without the company knowing about the conduct. In other situations, the company may contend that the driver was an independent contractor rather than an employee or that the driver’s conduct fell outside the scope of the driver’s work.

These arguments can make the employment and contractual relationships surrounding the truck particularly important. An investigation may examine:

Who employed the truck driver?
Who owned or leased the tractor and trailer?
Who dispatched the driver?
Who controlled the driver’s routes and schedules?
Who paid the driver?
Was the driver classified as an employee or independent contractor?
Who was responsible for hiring and supervising the driver?
Who maintained the truck?
Which company owned the cargo?
Was a freight broker involved?

The answers can determine which parties may potentially bear responsibility for a crash.

They May Blame the Motorist Who Was Injured

Another common defense in a truck accident case is comparative fault. A trucking company or its insurer may argue that the injured motorist contributed to the collision. For example, an insurer might contend that the driver who was struck by a truck was:

Following too closely;
Speeding;
Distracted;
Driving aggressively;
In the truck’s blind spot;
Failing to yield;
Changing lanes improperly; or
Failing to react quickly enough.

Illinois follows a modified comparative-fault system. Under 735 ILCS 5/2-1116, a plaintiff whose contributory fault is more than 50% is barred from recovering damages; when the plaintiff’s fault is 50% or less, damages are reduced in proportion to the plaintiff’s assigned fault.

That makes the reconstruction of a truck accident particularly important. A seemingly minor allegation about the injured person’s driving can become significant when the parties are litigating how responsibility should be allocated.

They May Argue That the Truck Driver Was Not Negligent

A trucking company may dispute the basic facts of the collision. The company or its insurer may argue that the truck driver was traveling at a reasonable speed, maintained a proper lookout, followed applicable traffic laws, and took appropriate evasive action. In a serious truck accident, however, the evidence may extend well beyond statements made by the driver. Potential evidence can include:

Electronic logging device records;
GPS and telematics data;
Dash-camera footage;
Traffic-camera footage;
Vehicle event-data information;
Cellphone records;
Driver qualification files;
Driver training records;
Inspection reports;
Maintenance records;
Cargo and loading records;
Bills of lading;
Dispatch communications;
Delivery schedules;
Accident reports;
Photographs and video;
Witness statements; and
Data from the truck’s onboard systems.

An experienced truck accident investigation seeks to compare these sources rather than relying exclusively on the truck driver’s account.

Hours-of-Service Violations Can Become Important

Fatigue can be a major issue in commercial trucking cases. Federal hours-of-service rules regulate how long certain commercial drivers may operate before taking required rest periods. Electronic logging devices, commonly called ELDs, are particularly important because they electronically record a driver’s record of duty status. FMCSA states that motor carriers generally must retain ELD records of duty status and supporting documents for six months. The agency also explains that original ELD records remain retained even when permitted edits and annotations are made.

This information can help investigators determine whether the driver was complying with applicable hours-of-service requirements. For example, an investigation may look for:

Excessive driving time;
Insufficient off-duty time;
Unusual edits to logs;
Unassigned driving records;
Inconsistencies between ELD data and dispatch records;
Delivery schedules inconsistent with reported driving hours; or
Other evidence suggesting that the driver’s recorded hours do not accurately reflect the driver’s activity.

FMCSA specifically requires motor carriers to retain unassigned driving records for at least six months as part of their ELD records. Because some records have limited retention periods, obtaining preservation of evidence can be especially important following a serious crash.

They May Point to a Mechanical Problem

A trucking company or its insurer may argue that a collision resulted from an unexpected mechanical failure rather than negligence by the driver or carrier. Mechanical issues can include:

Brake failures;
Tire blowouts;
Defective steering components;
Suspension problems;
Lighting failures;
Trailer defects;
Improperly secured cargo; or
Other equipment failures.

But the existence of a mechanical problem does not necessarily end the inquiry. The important question may be why the mechanical problem occurred. Was the truck properly inspected? Was required maintenance performed? Did the company know about the defect? Had the driver previously reported the problem? Were repairs documented? Was the truck placed back into service despite a known safety issue?

FMCSA’s inspection data demonstrate the significance of vehicle-condition issues. In 2024, approximately 23% of recorded large-truck-and-bus vehicle inspections resulted in an out-of-service violation. An out-of-service violation does not establish that a particular carrier caused a particular accident. However, inspection and maintenance records can provide important evidence when investigating whether a mechanical condition contributed to a collision.

They May Blame the Cargo or Loading Company

Not every trucking accident is caused solely by the driver or trucking company. Cargo that is improperly loaded or secured can shift during transportation and affect a commercial vehicle’s handling. In some cases, cargo may fall from a truck or trailer and create a roadway hazard.

A trucking company may therefore argue that another party was responsible for the loading or securement of the cargo. That possibility makes it important to identify everyone involved in transporting the shipment. Depending on the circumstances, potentially relevant parties can include:

The trucking company;
The truck driver;
A shipper;
A warehouse;
A loading contractor;
A freight broker;
A maintenance company; or
A company responsible for cargo securement.

Determining liability can require reviewing shipping documents, photographs, inspection records, contracts, and testimony from people involved in loading and transporting the cargo.

They May Dispute the Driver’s Employment Relationship

Another issue can arise when trucking companies use independent contractors, owner-operators, leasing arrangements, or multiple corporate entities. A company may argue that it should not be responsible for a driver’s conduct because the driver was technically an independent contractor.

The legal significance of that argument depends on the specific facts and applicable law. The label used in a contract is not necessarily the only consideration when determining the parties’ respective legal responsibilities.

An investigation may therefore examine the actual relationship between the driver and the company, including who exercised control over the driver’s work, vehicle, routes, schedules, and performance.

Insurance Companies May Minimize the Value of a Claim

After a truck accident, the insurance company may focus on limiting the amount it ultimately pays. An insurer may argue that an injured person’s medical treatment was unnecessary, unrelated to the crash, or caused by a pre-existing condition. It may also question lost wages, future medical expenses, permanent injuries, or the severity of pain and disability.

This can be particularly challenging in catastrophic truck accidents because injuries may require extensive treatment and rehabilitation. The evidence used to establish damages may include:

Medical records;
Diagnostic imaging;
Physician testimony;
Rehabilitation records;
Employment records;
Wage documentation;
Expert opinions;
Future-care projections; and
Evidence concerning permanent disability or limitations.

A serious injury should not be evaluated solely by looking at the first hospital bill. Some truck-crash injuries can have consequences lasting for years or a lifetime.

They May Challenge the Evidence

Evidence preservation can become one of the most important issues in a trucking case. Commercial vehicles generate substantial amounts of information, but not all information is necessarily retained indefinitely. FMCSA, for example, requires motor carriers to retain ELD records and supporting documents for six months. That means an injured person’s attorney may need to take prompt steps to identify and preserve relevant information. A truck accident investigation may seek preservation of:

ELD data;
GPS information;
Dash-camera footage;
Surveillance video;
Driver cellphone information;
Driver qualification files;
Personnel records;
Drug and alcohol testing records where applicable;
Vehicle inspection records;
Maintenance records;
Repair records;
Dispatch records;
Bills of lading;
Cargo records;
Communications between the driver and dispatcher;
Photographs;
Accident-scene evidence; and
Electronic vehicle data.

The goal is not simply to collect documents. It is to determine what happened before, during, and after the collision.

Why Truck Accident Cases Require a Thorough Investigation

A truck accident claim can involve significantly more evidence and potentially more responsible parties than an ordinary motor vehicle collision.

The trucking company and its insurer may have investigators working almost immediately after a serious crash. An injured person should have the opportunity to preserve and investigate the evidence as well.

Naperville injury ttorney John J. Malm emphasizes the importance of preparing these cases based on evidence rather than assumptions:

“When a commercial truck causes a serious injury, we want to know not only what happened at the moment of impact, but what happened in the hours, days, and months leading up to the crash. The evidence can tell us whether this was an unavoidable accident or whether safety rules, maintenance, training, or company practices played a role.”

A truck accident investigation may uncover facts that are not apparent from the initial police report. For example, the report may identify the truck driver as the person who struck another vehicle without addressing whether the driver had exceeded hours-of-service limits, whether the vehicle had a documented mechanical problem, or whether the trucking company had prior notice of a safety issue.

What Should You Do After a Truck Accident?

If you are injured in a collision with a commercial truck, taking reasonable steps early can help protect important evidence. Consider:

Seeking immediate medical attention for your injuries;
Reporting the accident to law enforcement;
Photographing the vehicles and accident scene if you are physically able;
Obtaining contact information for witnesses;
Keeping copies of medical bills and records;
Avoiding detailed statements about fault to the trucking company’s insurer;
Preserving photographs, video, and other evidence in your possession; and
Speaking with an experienced Illinois truck accident attorney as soon as reasonably possible.

Do not assume that the police report tells the entire story. Trucking cases often require investigation into information that is not available at the accident scene.

Frequently Asked Questions About Trucking Company Liability

Can a trucking company be liable for a truck driver’s actions?

Potentially. Whether a trucking company can be held responsible depends on the facts, including the driver’s employment relationship, the circumstances of the crash, and applicable law. Other theories of liability may also apply depending on the conduct involved.

What if the trucking company says the driver was an independent contractor?

That does not necessarily resolve the issue. The precise relationship between the driver and the company, including the degree of control exercised by the company, may need to be examined.

Can ELD records prove that a truck driver was fatigued?

ELD records can provide evidence concerning a driver’s recorded hours of service. They should be considered alongside dispatch records, GPS information, delivery schedules, communications, and other evidence. FMCSA requires covered motor carriers to retain ELD records and supporting documents for six months.

What if the trucking company says I caused the accident?

Comparative fault may become an issue. In Illinois, a plaintiff’s damages can be reduced based on the plaintiff’s percentage of fault, and a plaintiff found more than 50% at fault is barred from recovering under the statute.

Can a trucking company be liable for negligent maintenance?

Potentially. If inadequate inspection, maintenance, or repair contributed to a crash, evidence concerning the truck’s condition and maintenance history may be relevant to determining liability.

How long do trucking companies keep records?

Different records can have different retention requirements. FMCSA states that ELD records of duty status and supporting documents generally must be retained for six months. Because potentially important evidence may have limited retention periods, prompt preservation can be important.

Should I talk to the trucking company’s insurance company?

You should be careful about providing statements or signing documents before understanding your rights. An insurer’s interests may differ from yours. An attorney can communicate with the insurer and help protect your interests during the claim process.

Contact the Experienced Illinois Truck Accident Lawyers at John J. Malm & Associates

Trucking companies and their insurers have substantial resources available to investigate and defend serious accident claims. Injured victims deserve a thorough investigation of the evidence, including driver records, ELD information, maintenance files, vehicle data, cargo records, company policies, and other evidence that may reveal what caused the collision.

At John J. Malm & Associates, we represent people seriously injured in truck and commercial vehicle accidents throughout Illinois. Our attorneys understand that establishing liability may require looking beyond the collision itself to determine whether driver conduct, hours-of-service violations, inadequate training, negligent maintenance, improper cargo loading, or other factors contributed to the crash.

If you or a family member has been seriously injured in a truck accident, contact our firm for a free consultation. The sooner a truck accident investigation begins, the sooner potentially important evidence can be identified and preserved.