A truck accident involving a big rig and two passenger autos is the subject of an injury lawsuit filed by an Illinois couple.

According to the truck accident complaint, plaintiff Randy H. was riding in a vehicle driven by an acquaintance and was stopped at an intersection ahead of a second vehicle when a truck owned and operated by the defendant, Wausau Supply Company, collided with said second vehicle. As a result, Randy says he was seriously injured. His spouse and co-plaintiff Ashley H., is suing for loss of consortium, a consequence of her husband’s injuries.

The Truck Accident

As reported by JournalStandard, the accident occurred on the afternoon of Feb. 28, 2018 on U.S. Highway 20 near a construction site in Jo Daviess County, Il. According to the original report from the Illinois State Police, the vehicle in which the plaintiff was riding, along with the vehicle following, had slowed down and come to a stop for the construction activities.

The truck, identified as a Kenworth semi tractor-trailer, allegedly failed to come to a stop, colliding a sport-utility vehicle, setting off a chain reaction resulting in the plaintiff’s injuries. The police report described those injuries as “incapacitating.”

According to reports, the driver of the semi tractor-trailer was not injured. The preliminary accident report allegedly stated that he was driving too fast for current road conditions and received a citation accordingly.

The Company Bears Liability

The plaintiffs claim that while the driver was directly responsible for the accident that left Randy disabled, the company at which he was employed bears ultimate responsibility. This is because of the doctrine of “vicarious liability.” It is similar to maritime tradition which holds that the captain of a vessel is responsible for the actions of his crew.

Under this doctrine (also known as “respondeat superior”), an employer – typically, a corporation or other business entity – is held liable for all actions of its employees – provided those actions or omissions took place within the scope and in the course of the employee’s work-related duties.

According to Randy’s lawsuit, the driver who caused the accident in which he was injured was on-the-clock and on duty when the collision occurred.

A Growing Problem

Statistics show an increase of 20 percent in the number of accidents involving trucks over the past two decades. Today, nearly 13 percent of fatal traffic accidents involve large trucks. While the truck driver is rarely injured, those riding in passenger vehicles nearly always end up dead or permanently disabled.

Common causes of these accidents include driver fatigue, inadequate training and inexperience, poor judgment (i.e., driving too fast for road conditions), and poorly-maintained equipment (such as brakes).

Federal regulations governing the number of hours a truck driver may spend behind the wheel and mandatory drug testing has mitigated some of the common behavioral causes of truck-related accidents, but as truckers are required to carry larger, longer loads and subject to tight schedules, chances are that the situation is not going to get better.

The Truck Accident Lawsuit is Case: 3:19-cv-50022, U.S. District Court, Northern District of Illinois.