Last updated: July 2026
In certain circumstances there are. For example, if there is a construction site and the construction site isn’t properly managed with regard to a traffic pattern, or if there’s a defect with regard to the construction site that causes a driver to lose control, those would be circumstances where one could file a viable claim against a non-driver with regard to a car accident. We’ve handled a number of those over the years, and you would be surprised at what you can see with regard to construction sites contributing to automobile accidents.
A car or truck accident is rarely just about the two drivers involved. Illinois law allows an injury claim against any party whose negligence contributed to the crash, not only the driver who hit you. Identifying every responsible party matters because it can open up additional insurance coverage, which is often the difference between a settlement that covers your medical bills and one that does not.
Who Else Can Be Held Liable Besides the Driver?
- Construction companies and traffic-control contractors. A poorly marked lane shift, a missing barrier, or a hidden road defect at a work zone can cause a crash that has nothing to do with either driver’s attentiveness.
- Trucking companies. Under a legal principle called respondeat superior, a trucking company is generally liable for the negligence of its own driver while on the job. Companies can also be independently liable for pushing drivers to violate federal hours-of-service rules, or for failing to maintain their fleet.
- Government road authorities. A dangerously designed intersection, an unrepaired pothole, or a malfunctioning traffic signal can make a municipality or state agency partly responsible. These claims move on a much shorter clock than an ordinary injury case: claims against a city or county in Illinois generally require formal notice within one year under the Illinois Tort Immunity Act, while claims against a state agency like the Illinois Department of Transportation must go through the Illinois Court of Claims, not a normal circuit court lawsuit.
- Vehicle and parts manufacturers. A defective tire, brake system, or safety feature can turn a survivable crash into a catastrophic one, opening a separate product liability claim against the manufacturer.
- Cargo loaders and maintenance companies. Improperly secured cargo that shifts or spills, or a trailer that wasn’t properly serviced, can each create liability for a company that never got behind the wheel.
Another example would be that with regard to a truck driver who is driving over the number of hours allotted to drive under federal standards. We’ve seen many times in my career that trucking companies will encourage and allow truck drivers to drive over the number of hours they’re allotted during the course of a day or a week, and fatigue becomes a big issue with regard to a collision and a trucking accident.
Federal Hours-of-Service Rules for Truck Drivers
The Federal Motor Carrier Safety Administration sets strict limits on how long a commercial truck driver can be on the road, precisely because fatigue is one of the leading causes of serious truck crashes. Under 49 CFR Part 395, property-carrying drivers generally may not:
- Drive more than 11 hours after 10 consecutive hours off duty.
- Drive beyond the 14th consecutive hour after coming on duty, following 10 hours off.
- Drive after 60 hours on duty in 7 days, or 70 hours in 8 days, without a qualifying restart.
- Drive without taking a 30-minute break after 8 cumulative hours of driving time.
Trucking companies are required to keep electronic logging device (ELD) records of a driver’s hours. When those records show a violation, they become powerful evidence that the trucking company knew, or should have known, that its driver was too fatigued to be safely on the road. For more on how fault is divided when multiple parties share responsibility, see our guide on comparative fault in Illinois car and truck accident claims.
Frequently Asked Questions
Can I sue someone other than the driver after a car accident?
Yes. Illinois law allows a claim against any party whose negligence contributed to the crash, including construction companies, trucking companies, government road authorities, vehicle manufacturers, and cargo loaders, not just the driver who hit you.
How long do I have to file a claim against a government entity for a dangerous road in Illinois?
Claims against a city or county generally require formal written notice within one year under the Illinois Tort Immunity Act. Claims against a state agency, such as the Illinois Department of Transportation, must be filed with the Illinois Court of Claims rather than an ordinary circuit court lawsuit. Both processes are far less forgiving than the standard two-year injury deadline, so early legal advice matters.
What are the federal hours-of-service rules for truck drivers?
Under 49 CFR Part 395, property-carrying truck drivers generally cannot drive more than 11 hours after 10 consecutive hours off duty, cannot drive beyond the 14th consecutive hour after coming on duty, cannot drive after 60 hours on duty in 7 days (or 70 in 8 days), and must take a 30-minute break after 8 cumulative hours of driving.
Can a trucking company be held liable for its driver’s mistakes?
Generally yes. Under the legal principle of respondeat superior, a trucking company is typically liable for the negligence of its own driver while the driver is acting within the scope of employment. The company can also be independently liable for its own negligence, such as pressuring drivers to exceed hours-of-service limits or failing to maintain the truck.
Injured in a Car or Truck Accident?
The Illinois personal injury law firm of Phillips Law Offices has a recognized reputation as having aggressive, skilled, and determined representatives and advocates for injured individuals and their families. Allow our Chicago, Illinois car accident attorneys to pursue damages on your behalf as you focus on full recovery.
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Can I Be Found Partially at Fault for My Injuries in a Car Accident?
