How Can the Graves Amendment Affect My Illinois Truck Accident Lawsuit?

If you have been involved in a truck accident, you may have some serious legal issues to consider. If you are involved in a suit in Illinois, you may wonder how the Graves Amendment may affect your lawsuit. To understand whether this amendment may affect your legal standing, you must first have an understanding of what the Graves Amendment is.

After a truck accident in Illinois, you can count on the trusted legal guidance of the knowledgeable Rockford truck accident lawyers at Fisk & Monteleone, Ltd.

What is the Graves Amendment?

The Graves Amendment is a portion of a highway bill that basically bars vicarious liability claims against car rental companies for injuries caused by their customers. This is true unless it can be shown that the car rental company was negligent and their careless actions contributed to those injuries.

In other words, an auto rental company cannot be held responsible for injuries caused by its customers unless it can be proven that the company acted negligently or took actions that contributed to the injuries.

If you have been involved in a truck accident in the state of Illinois, you may also need to consider whether vicarious liability may even be applied. The benefits to the plaintiff are increasing the number of financially responsible parties to a judgment. The use of vicarious liability laws may also increase the likelihood of a settlement and possibly the total avoidance of a courtroom.

If the Graves Amendment is applied, however, then vicarious liability goes out the window. The Graves Amendment can, therefore, make it more challenging to prove a case in a court of law and to collect damages.

The amendment does not allow rental car companies and lessors to escape liability completely, however. If a car rental company, for example, rents cars with worn-out brakes, they can still be held liable for damages due to the brakes being overly worn. A truck leasing company could also be held responsible for knowingly leasing a truck with broken parts that could make the use of the truck dangerous.

Speak to a Rockford Truck Accident Lawyer Today

With many potentially applicable laws, it is critical that you consult a knowledgeable attorney if you have been involved in a truck accident in Illinois. The right legal opinion can make the difference between a lawsuit’s success or failure and may mean the difference between collecting damages or not.

If you live in or near the Rockford area, the Rockford truck accident attorneys at Fisk & Monteleone, Ltd. are here to help you. You can also call us by phone anytime at 815-962-0044. Our friendly staff will be happy to answer any questions you may have and collect the necessary information. Once done, you can speak with an experienced attorney during a free consultation who can help ensure you receive any damages due to you and that the law is put to work on your side.

There is a limited amount of time to pursue compensation after a truck accident, do not delay in getting legal assistance when you file your truck accident injury claim.