Can I Sue the Truck Company if a Speeding Driver Caused an Accident?

 Posted on June 26, 2026 in Truck Accidents

You may be able to sue the trucking company, not just the driver, if a speeding truck caused your accident. In many cases, the company shares responsibility for what happened. Trucking companies often have far more resources than individual drivers, which makes them an important part of any serious truck accident claim. If you were hurt in a truck accident in 2026, the Champaign, IL personal injury lawyers at Kanoski Bresney can help you figure out who is responsible and how to hold them accountable.

How Can a Trucking Company's Own Mistakes Lead to a Speeding Accident?

Trucking companies have their own legal obligations. When they ignore those obligations, accidents happen. Unrealistic delivery schedules are one of the most common problems. When a company sets deadlines that cannot be met without speeding or violating driving hour limits, they are pushing drivers to break the law. If that pressure played a role in your accident, the company can be held responsible.

Poor hiring practices are another issue. If a company hired a driver with a history of speeding or reckless driving without checking their record, that is negligent hiring. If they failed to train the driver properly or kept a dangerous driver on the road, those failures create their own liability.

What Federal Rules Apply to Trucking Companies and Speeding?

Commercial trucking is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). Under 49 C.F.R. Part 392, truck drivers are prohibited from driving at speeds that are unsafe given the conditions, even if they are not technically over the posted speed limit. A driver can be in violation of federal rules if road or weather conditions called for a slower speed, and they did not slow down.

Under 49 C.F.R. Part 395, drivers are also limited in how many hours they can drive without rest. When companies push drivers to meet schedules that cannot be done without breaking these limits, fatigue and speeding often follow. Violations of these federal rules can be strong evidence of negligence in your case.

What Evidence Is Important in a Speeding Truck Accident Case?

Building a strong case requires gathering the right evidence quickly. Some of it can be lost or overwritten if not preserved right away.

Important evidence includes:

• The truck's black box data, which records speed, braking, and other details from before the crash

• Electronic logging device records showing how many hours the driver had been on the road

• The driver's personnel file, including their history, training records, and prior violations

• Delivery schedules and dispatch records showing what the company expected of the driver

• Maintenance records for the truck involved

• Dashcam footage from the truck or nearby vehicles

• Witness statements from people who saw what happened

Your attorney can send a formal letter to the trucking company right away, demanding that this evidence be saved before it disappears.

How Does Illinois Law Affect Your Claim Against a Trucking Company?

Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. If you are found to be partially at fault for the accident, your compensation is reduced by your percentage of fault. If you are found to be more than 50 percent at fault, you cannot recover anything.

Trucking companies and their insurance carriers know this rule well. They will often try to put some of the blame on you to lower what they have to pay. Having an attorney who can investigate the crash and push back on those arguments is one of the most important things you can do.

What Compensation Can You Recover After a Truck Accident in Illinois?

If you can show the driver and company were negligent, you may be able to recover compensation for medical bills, lost wages, loss of future earning ability, pain and suffering, emotional distress, and vehicle damage. In cases involving especially reckless conduct, punitive damages may also be available.

Truck accidents often cause serious injuries because of how large and heavy commercial vehicles are. The compensation available can be significant, which is exactly why trucking companies and their insurers fight these cases hard.

Schedule a Free Consultation With Our Springfield, IL Truck Accident Attorneys

A serious truck accident can change your life, and you deserve a legal team with the experience to fight back hard. The Champaign, IL personal injury lawyers at Kanoski Bresney bring over 100 years of combined legal experience to every case. Attorney Todd Bresney previously worked at the Federal Trade Commission and the State's Attorney's Office for Cook County, so he knows how complex cases are built and challenged at every level. If you were hurt in a truck accident caused by a speeding driver, call 888-826-8682 today to schedule your free consultation.