Illinois Truck Accident Lawyer

Why are truck crashes so common in Illinois?

Illinois sits at the center of the country's freight network. Chicago is the nation's busiest rail hub, and goods arriving by train are moved onto trucks at intermodal yards and warehouses across the region.

That freight flows onto some of the busiest truck routes in the country:

• I-80 across northern Illinois, connecting the coasts.
• I-55 between Chicago and St. Louis, lined with distribution centers in Will County.
• I-294 and I-90 around Chicago, with constant congestion and construction.
• I-57 and I-70 in central and southern Illinois.
• State routes carrying grain trucks to elevators and river terminals.

Warehouse growth near Joliet and other suburbs puts heavy trucks on local roads that were not built for them. Rear-end crashes in stop-and-go traffic, wide right turns and underride crashes are common results.

Who can be held liable for an Illinois truck crash?

Often several parties, each with separate insurance. Identifying every one of them is one of the most important parts of an Illinois truck case.

1. The driver, for speeding, distraction, fatigue or impairment.
2. The motor carrier, for the driver's conduct and for hiring, training and supervision.
3. A freight broker, in some cases, for choosing a carrier with a poor safety record.
4. A shipper or loader, for overweight or poorly secured cargo.
5. A maintenance company, for brake, tire or lighting failures.
6. An intermodal chassis provider, for defective equipment.

Each party will try to shift blame to the others. A full investigation keeps the focus on the evidence. Our general guide to truck accidents explains how carrier liability is proven.

What federal rules apply to trucks in Illinois?

Interstate carriers must follow federal safety rules, including hours-of-service limits, driver qualification, drug and alcohol testing, and vehicle inspection requirements. Illinois also applies safety rules to many carriers operating only within the state.

Hours-of-service limits are designed to prevent fatigue. Most interstate trucks now use electronic logging devices, which record driving time automatically. Comparing that data with fuel receipts, toll records and dispatch messages can reveal whether the driver was pushed beyond safe limits.

Illinois Tollway records can be especially useful, since they may show exactly when a truck passed specific points.

How does Illinois comparative fault affect a truck crash award?

Your recovery is reduced by your share of fault, and it is barred if your share is more than 50%. Trucking insurers often argue that a car driver cut in front of a truck or stopped suddenly.

Here is an example. A driver on I-55 near Bolingbrook is rear-ended by a semi in a construction zone. The losses total $600,000. The carrier argues the driver changed lanes abruptly. If a jury finds the driver 15% at fault, the recovery is $510,000. At 50%, it is $300,000. At 51%, there is no recovery.

Engine and event data, dash cameras and lane-departure systems often show exactly what happened in the seconds before impact.

What evidence should be preserved after an Illinois truck crash?

As much as possible, as quickly as possible. A written preservation letter tells the carrier to keep evidence and creates consequences if it is destroyed.

• Electronic logging device and engine data.
• Dash camera and inward-facing camera footage.
• Driver qualification files, training records and drug test results.
• Maintenance, inspection and repair records.
• Dispatch messages, bills of lading and load records.

Photographs of the scene, the truck's markings and the cargo should be taken as soon as possible.

Illinois courts can penalize a company that destroys evidence after it knew a claim was likely, but those penalties are no substitute for having the data itself. The sooner a letter goes out, the less room there is for routine deletion to erase key facts.

What damages can be recovered?

Medical expenses, lost income, reduced earning capacity, property damage, and pain and suffering are all available. Illinois does not cap these damages in truck crash cases.

Truck crashes often cause life-changing injuries, so future care and lost earnings can be large. Because Illinois has no cap, defendants often fight hardest over the cost of future care and over what the injured person could have earned. Our page on catastrophic injuries explains how those losses are proven. If a family member was killed, our Illinois wrongful death page explains the family's options. For deadlines and other claim types, see our main Illinois page. Our team offers a free case review, and there is no fee unless we win.