At Walton Telken, our entire practice is dedicated to fighting on behalf of people catastrophically injured or killed by the negligence of others—whether in a motor vehicle collision, a workplace accident, through medical malpractice, or by toxic exposure to dangerous chemicals.
Our experienced trial attorneys have proudly represented thousands of injured clients across a diverse range of case types. Some of the most complex cases we handle involve big rigs (also known as semi-trucks, 18-wheelers, or tractor-trailers).
Truck accident cases are significantly more complicated than typical car accidents, and their successful navigation requires skilled attorneys with in-depth understanding of the unique legal and regulatory challenges involved.
We hope that you never need us; however, should you or a loved one become involved in a collision with a tractor-trailer, it is important to understand the unique challenges of these cases in order to protect your rights.
Below, we discuss the key factors that make trucking accident cases significantly more complex to litigate than typical motor vehicle collision cases.
Severe Injuries and Extensive Property Damages
Trucking accidents come in many iterations. For instance, they may involve two big rigs and a smaller vehicle, or a tractor-trailer and a cyclist or pedestrian, or several passenger cars and one semi-truck. No matter the facts, all of these cases have one thing in common: the likelihood of catastrophic injuries and extensive damage is significantly higher than in typical car accidents. This is largely a function of the sheer size and weight of commercial trucks as compared to passenger vehicles. When fully loaded, big rigs can weigh up to 80,000 pounds, whereas an average passenger vehicle weighs only 3,000 to 4,000 pounds.
According to the Federal Motor Carrier Safety Administration, there were 73 large truck crash fatalities in Illinois in 2024. That translates to roughly two semi-truck accident deaths per week. In 2022 (the latest year for which NHTSA fatal crash data is available), Illinois was among the top 10 states with the highest number of truck accident fatalities. Illinois also experienced a dramatic increase, of over 100 percent, in truck accidents since 2009.
These statistics underscore the dangers of accidents involving big rigs, and the severe injuries (and, devastatingly, fatalities) that often result. Catastrophic injuries like spinal cord damage, traumatic brain injuries, and multiple fractures require experienced attorneys familiar with these types of injuries. The severe injuries associated with big rig accidents can translate into astronomical losses—losses which the liable parties’ attorneys and insurance companies will fight aggressively to avoid paying.
Multiple Liable Parties
Unlike typical car accidents, accidents involving big rigs or semi-trucks often involve multiple liable parties, including the driver, the trucking company who employed the driver, the truck’s manufacturer, the individual(s) who loaded the cargo, and—in cases involving multiple vehicles—additional users of the roadway. Each of these parties may share some responsibility, making the determination of fault more intricate.
Determining liability requires an often-complicated analysis of the facts best left to an experienced trucking accident attorney, like those at Walton Telken.
The first and immediate liable party is the driver of the truck(s), who may have been:
The trucking company may also be liable if they are found to have:
Additionally, the truck manufacturer may be held liable if:
Other users of the road may also be liable if their actions led or contributed to the crash. The more parties there are involved in the crash, the more time, resources, and expertise it takes to gather and examine the evidence and determine liability. |
Highly Involved Evidence Gathering
A fundamental aspect of proving liability in a trucking accident case is gathering and examining critical evidence—both physical and digital. Critical physical evidence in a trucking accident case typically includes police reports, scene photographs, and witness statements. Digital evidence, such as the truck’s electronic “black box” data, dashcam footage, and other onboard technology is also invaluable in proving fault.
Other digital and onboard technology an experienced injury attorney may examine to determine liability in a trucking accident can include:
- GPS and navigation data
- forward-facing camera footage
- traffic and red light camera footage
- driver scorecard reports
- fleet management tracking software data, and
- footage from surrounding homes and/or businesses.
An experienced trucking accident attorney will meticulously gather and review all relevant evidence to ensure their clients are positioned to receive the most compensation possible for their injuries.
Complex Federal Regulations
Truck operators are subject to strict federal regulations designed to prevent driver fatigue, such as the hours-of-service rules and mandatory rest periods, which dictate how long a truck driver can be on the road. The types of digital evidence referenced above (such as driver logs) are crucial in trucking accident cases, as they can provide evidence of non-compliance with these regulations. Violations of federal regulations can be used to establish fault.
The myriad and often-complicated federal regulations to which big rig drivers are subject render accidents involving commercial trucks especially complex.
The Difficulty of Dealing with Insurance Companies
Trucking accident cases are made more challenging by highly complex insurance claims. Commercial trucking companies often carry multiple insurance policies with different coverage limits and terms. Furthermore, insurance companies’ legal teams and adjusters employ various tactics to minimize payouts.
Experienced trucking accident attorneys are deeply familiar with the challenges of dealing with insurance companies.
Conclusion
Big rig accidents involve big dangers and big challenges for victims and their attorneys. Trucking accidents are typically more complex than car accidents due to a higher severity of injuries and damages, the involvement of multiple potentially liable parties, the existence of strict federal regulations governing truck operators, complex evidence discovery, and well-resourced insurance companies with aggressive legal teams.
The unique challenges of big rig accidents underscore the importance of retaining attorneys with extensive experience litigating these types of highly complex cases.
Tractor-trailer accidents can be devastating, but you don’t have to face the aftermath alone. If you or a loved one has been injured in a big rig accident, contact Walton Telken today. We offer no-cost, no-commitment case evaluations. casereview@waltontelken.com | 618-307-9880
