Interstate 57 and the routes running through Kankakee County carry heavy commercial traffic. When a fully loaded tractor-trailer strikes a passenger vehicle, the injuries and the legal issues are both far more serious.
More than one party may be responsible
- The driver
- The motor carrier that employed or contracted the driver
- The company that loaded or secured the cargo
- The owner of the trailer or tractor
- A maintenance contractor or parts manufacturer
Federal rules create evidence and violations
Commercial carriers must follow Federal Motor Carrier Safety Administration regulations covering hours of service, driver qualification, drug and alcohol testing, inspection, and maintenance. Electronic logging devices, engine control module data, dash cameras, dispatch records, and inspection reports can prove exactly what happened, but some of that data is only retained for a short period.
Act quickly
Carriers frequently send investigators to the scene within hours. A spoliation letter demanding preservation of the truck, the download data, and the driver's records should go out immediately, which is why waiting weeks to call an attorney can permanently weaken a truck case.
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This article is general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the specific facts of each case.