Legal Question in Personal Injury in Illinois

my husband is an owner operator truck driver. He is leased on to a very large company that dispatches him. They take care of the insurance on the truck. He was in an accident about a year ago. Where a car stopped in the middle of the interstate in front of him, and he rearended the car. He has already settled all the tickets and everything. He was found at fault. Today we recieved a letter in the mail saying that the man he rearended is sueing us and the large company. Our business is not incorporated. What can that man take from us. We were told by a friend that they can not sue us because he was being dispatched. Is that true? Also if we incoporated the business now will all of our personal belongings be safe or can they take everything. Any advice and answers to my questions will be greatly appriciated.


Asked on 1/21/12, 8:47 am

1 Answer from Attorneys
terrence rubino rubino ruman crosmer smith and sersic

the first thing to do is make sure the suit papers are taken to the truck company. the truck company is 100% liable for the acts of its drivers, whether employees or owner-operators driving with the company's authority, i.e., under load. incorporating now won't have any affect and you don't need to do that for this accident. however for the future you might consider it especially in the event you lease to a company that just carries the minimum 1 mil.. good luck.

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Answered on 1/23/12, 12:00 pm


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