Illinois · Peoria, Peoria County
Peoria truck accident lawyers
Some truck crashes begin long before the truck reaches the road, in a repair that was put off or an inspection that was signed without looking. If a truck hurt you or someone you love in Peoria, its maintenance history is part of the case.
The short answer
How do you prove that a truck was not fit to be on the road?
With the carrier’s own paperwork. Federal rules require every motor carrier to systematically inspect, repair and maintain (opens in a new tab) the vehicles it controls, and a truck may not be used unless its components passed an inspection in the preceding 12 months (opens in a new tab). Those duties produce inspection reports and repair records, and they can show what the company knew about the truck before the crash.
Where does Peoria’s truck traffic run?
Around the city as much as through it. The state’s freight plan for the region reports substantial truck volumes through Peoria along I-474 (opens in a new tab), with the highest volumes west of the city on I-74.
A truck on those roads is only as safe as its last inspection, and that is where a Peoria truck case often starts.
What does a trucking company have to do to keep a truck safe?
Federal rules put the duty on the carrier. It must systematically inspect, repair and maintain (opens in a new tab) every vehicle it controls, and the parts that affect safety must be in safe and proper operating condition at all times.
There is a yearly check as well. A carrier may not use a commercial truck unless each required component has passed an inspection at least once during the preceding 12 months (opens in a new tab), with proof of that inspection carried on the vehicle.
What does the driver have to check?
The driver has a part in it too. Before driving, a driver must be satisfied that the vehicle is in safe operating condition (opens in a new tab) and review the last inspection report when one was required.
At the end of the day the driver reports any defect that would affect safe operation. That report covers, among other things, the service brakes, the steering, the lights, the tires and the coupling devices (opens in a new tab).
So when a brake, a tire or a light failed, the reports can show whether someone noticed it first. A defect reported and not repaired is a different case from one nobody saw.
How long are those records kept?
For less time than you might expect. The periods federal rules set include:
- Driver vehicle inspection reports, for three months (opens in a new tab) from the date each was prepared.
- Inspection, repair and maintenance records, for 1 year, and for 6 months after the vehicle leaves the carrier’s control (opens in a new tab).
- Driver logs and supporting documents, for not less than 6 months (opens in a new tab).
Where is a Peoria truck accident case filed?
A case from Peoria usually begins in the Circuit Court of Peoria County, part of the Tenth Judicial Circuit, whose offices are at the courthouse at 324 Main Street (opens in a new tab).
A carrier from another state may be able to move the case to federal court (opens in a new tab). Peoria County is in the Central District of Illinois, and federal law lists Peoria among the cities where that court is held (opens in a new tab).
Illinois gives most injury claims two years (opens in a new tab). The maintenance file is only required to be kept for half of that, which is the reason to ask for it in writing well before the deadline.
Frequently Asked Questions
The truck’s brakes failed. Is the driver or the company responsible?
Possibly both. The carrier has a federal duty to inspect, repair and maintain (opens in a new tab) the truck, and the driver has to be satisfied that it is in safe operating condition before driving it. The records show who knew what.
How do you get a carrier’s maintenance records?
We ask for them in writing at the start, and then formally once a lawsuit is filed. The request matters because the carrier only has to keep those records for 1 year (opens in a new tab), and for 6 months after the truck leaves its control.
Where will a Peoria case be heard?
In the Circuit Court of Peoria County, unless a carrier from another state moves it to the federal court for the Central District of Illinois, which federal law says is held in Peoria (opens in a new tab) as well.
Keep reading
- 01
Truck crash law
The deadlines, the shared-fault rule, the federal safety rules and the records a trucking company has to keep.
Truck crash law page - 02
Joliet
Where I-80 meets I-55, beside the intermodal yards
Joliet page - 03
Rockford
The I-90 and I-39 freight corridor
Rockford page - 04
Aurora
I-88 and the western suburbs
Aurora page - 05
Springfield
I-55, I-72 and the state capital
Springfield page