Truck accidents often occur through the negligence of a third party such as the trucking company or the truck manufacturer. The Illinois Workers’ Compensation Act provides the terms under which someone involved in a truck accident can file a lawsuit against a third party. Drivers must take specific precautions to avoid collisions with trucks, but may be eligible to file third-party claims if they do end up in a truck accident.
Illinois Workers’ Compensation Act
The IWCA specifies employees who sustain an injury while doing their job cannot sue their employer, regardless of the employer’s actions. An employee’s sole remedy against an employer is the IWCA’s benefits.
Employees may also have the right to compensation if they can show that a party other than their employer was legally responsible for the accident. This type of third-party negligence allows the truck driver to file a suit against one of these third parties.
Car drivers injured in an accident involving a truck often target the trucking company as well as the truck driver. This is most common when the trucking company fails to implement proper safety measures or on-duty time limits. A trucking company can also be found negligent if it fails to maintain insurance coverage of vehicle inspections. Repair companies may be negligent if they failed to perform maintenance properly.