Rogue Trucking Companies
Truck accidents can lead to catastrophic injuries and even death. When a rogue trucking company continues to operate despite a history of unsafe actions, serious injuries can result. If you or someone close to you has been injured in an accident involving a rogue trucking company, you may be entitled to compensation. At Therman Law Offices, our Wheaton and Schaumburg truck accident attorneys are committed to holding rogue trucking companies accountable for the harm that they cause. In the aftermath of an accident, it can be difficult to know what to do next, but you do not need to figure it out alone.Holding Rogue Trucking Companies Accountable for Their Actions
Rogue trucking companies are those with a history of regulatory violations, such as hiring negligent or reckless drivers (without a proper vetting and background check), habitually engaging in improper maintenance, and persisting in other hazardous practices. Often, these companies are created to evade trucking industry laws and regulations. As a result, the companies often go in and out of business under different names and rely on underfunded business forms. For that reason, these companies can be difficult to hold accountable. Under Illinois law, however, a rogue trucking company may be liable when the company's conduct results in accidents and injuries. Since these companies routinely ignore safety laws and cut corners, they may also be liable for punitive damages.
Trucking companies must adhere to rules and regulations set forth by the Federal Motor Carrier Safety Administration. These laws are designed to promote safe driving and minimize the risk of truck crashes. For example, these laws impose hours of service regulations on the maximum number of consecutive hours that a truck driver can drive per day. A rogue truck company may violate or entirely disregard these hours of service regulations.
Trucking companies that cause accidents and injuries due to violating safety standards may be liable under the legal theory of negligence. Negligence takes place when a trucking company fails to use the level of care expected of a trucking company operating in a safe way in compliance with all state and federal regulations. In order to establish negligence, the plaintiff must demonstrate the following elements:
- The trucking company owed the plaintiff a duty of care;
- The company breached the duty of care owed to the plaintiff; and
- The company's breach was a direct cause of the accident and the plaintiff's related harm.
Negligence per se, sometimes known as negligence as a matter of law, can be relevant in these cases. An injury lawyer can establish this theory by proving that the company violated a safety law or regulation, the plaintiff was a part of the class or group of people that the regulation was designed to protect, the plaintiff's harm was of the type that the regulation is intended to prevent, and the company's violation caused the plaintiff's injuries.
Once negligence is established in a particular case, a plaintiff can recover a variety of damages, such as medical expenses, rehabilitation costs, lost wages, pain and suffering, property damage, and more. In some cases, plaintiffs may be able to recover punitive damages as well. Punitive damages are designed to punish the defendant as opposed to compensating the plaintiff. These damages are supposed to deter future wrongful conduct, such as the use of drugs and alcohol behind the wheel, and hold truck companies accountable for unacceptable behavior. Punitive damages can significantly increase your recovery.Contact a Truck Accident Lawyer Following a Crash in Schaumburg or Wheaton
If you have been injured or someone in your family has been killed due to the negligence of a rogue trucking company, we can help. At Therman Law Offices, our attorneys have the skill, knowledge, and resources to handle your case. Trucking laws and regulations are complex, but we can fight to hold rogue trucking companies accountable for the harm that they cause. We assist people in Schaumburg, Wheaton, Lombard, Villa Park, Addison, Elmhurst, West Chicago, Lemont, Westmont, Oakbrook Terrace, Clarendon Hills, and Downers Grove, among other cities. To speak to a member of our team following a crash involving a delivery truck or another commercial vehicle, call us at 312-588-1900 or contact us online.