What Can I Do After a Collision With a Fatigued Truck Driver?

 Posted on September 25, 2025 in Personal Injury

Truck drivers have a responsibility to stay sharp and alert on the road. If a truck driver experiences a lapse in consciousness even for a second, it could have dire consequences. A Joliet, IL personal injury attorney can help you take legal action after a collision with a fatigued truck driver.

At Rathbun, Cservenyak & Kozol LLC, we have successfully represented many clients injured in commercial truck accidents, including a $775,000 settlement for a client who was rear-ended by a commercial truck on I-55. Our skilled attorneys will walk you through the claims process, working to secure a full payout for your damages.

Holding Fatigued Truck Drivers Liable for Damages

In Illinois, you can hold a truck driver liable for your damages if you can prove that he or she acted negligently (735 ILCS 5/2-1116). There are multiple ways you can demonstrate that a truck driver was fatigued behind the wheel, such as:

• Video evidence of the truck driver losing control of the vehicle

• Witness statements from people who saw the truck driver’s fatigued state

• Showing that the driver was on heavy medication or under the influence of alcohol or drugs

Building a case may seem overwhelming if you are still recovering from your injuries. Our attorneys can investigate the scene of the accident for you to gather evidence for your claim.

Employer Liability in Fatigued Truck Driving Accidents

The truck driver is usually the first party to be held liable in a fatigued driving accident. However, his or her employer may also share some responsibility for the crash. If the trucking company overworked the truck driver to the point of fatigue, it could be named as a liable party in your claim. To prove that the company was responsible, you could refer to the truck driver’s logbook hours showing that he or she was driving well over the safe limit of hours.

Even if the trucking company was not directly responsible for the crash, it could still be named at fault under a principle known as vicarious liability. This principle states that an employer can be held responsible for an employee’s actions as long as the employee was doing his or her job as assigned.

How Can an Attorney Help With My Truck Accident Claim?

An attorney can serve as your best asset and advocate during a truck accident claim. When faced with allegations of liability, trucking companies may send out their legal teams and insurance representatives with the aim of paying you as little as possible for your damages. 

The company’s representatives may take advantage of your lack of legal knowledge by trying to get you to wrongly admit fault or by offering an inadequate settlement. Our lawyers can help you maneuver around these tactics to protect your rights. Though we are skilled at securing results outside of court, we also have years of trial experience that we are not afraid to put to use on your behalf.

Contact a Will County, IL Personal Injury Attorney

If you have been struck by a fatigued truck driver, reach out to our firm today. At Rathbun, Cservenyak & Kozol LLC, our Joliet, IL commercial truck accident lawyers can provide you with the support you need during a complex personal injury claim. To schedule a free consultation with the largest and most diverse law firm in Will County, call our offices at 815-730-1977 today.