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Been in a truck accident? If so, you’re faced with a truckload of legal problems. Medical bills, insurance companies and a complicated tangle of trucking laws- you’re probably confused about where to even begin.
Let’s be honest, navigating truck accident laws isn’t just important. It’s absolutely critical to protecting your rights and recovering the compensation you deserve.
In This Article
Why Truck Accidents Are Different
Federal Trucking Regulations You Need To Know
Illinois-Specific Truck Accident Laws
Understanding Liability in Truck Accidents
Your Rights After a Truck Accident
What Compensation Can You Recover?
Common Trucking Violations That Cause Accidents
Final Thoughts On Moving Forward
Frequently Asked Questions
Why Truck Accidents Are Different
Truck accidents aren’t the same as your average car collision. They’re much more complicated than you might think. In fact, large truck crashes killed over 5,000 people nationwide in 2023. What’s worse? 82% of those killed were occupants of other vehicles.
When you’re dealing with a commercial truck, you’re likely no longer dealing with a single negligent driver. You’re dealing with trucking companies, insurers, federal rules, state laws and more.
Experienced legal professionals, like Illinois truck accident lawyers, are critical help in this situation. They know what to do and what to expect when working a truck case because it’s different from your run-of-the-mill motor vehicle collision.
Not only that, but truck accidents are inherently more complex due to the size of the vehicles involved. An 18-wheeler fully loaded with cargo can weigh up to 80,000 pounds. That’s your car’s weight multiplied by more than 20.
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Federal Trucking Regulations You Need To Know
The Federal Motor Carrier Safety Administration (FMCSA) wasn’t created to give truckers more hoops to jump through.
They exist for one reason–keeping our roads safer for everyone. The FMCSA has implemented strict regulations covering everything from driver qualifications to vehicle maintenance. When trucking companies and drivers violate these rules, accidents happen.
Hours of Service Rules
Fatigued driving is a major cause of truck accidents. So much so that the FMCSA has rules limiting how long truckers can drive without rest. The exact rule is that a driver may operate the vehicle for a maximum of 11 hours after 10 consecutive hours off duty have passed.
There’s a cap at the 14th consecutive hour a driver may not drive after coming on duty.
Confused Yet?
Good. That’s because it is confusing. Driver fatigue is one of the leading causes of fatal truck accidents. Trucking companies and drivers who ignore hours of service regulations are responsible when they cause crashes.
Electronic Logging Devices
As of 2019, all commercial truck drivers must use Electronic Logging Devices (ELD). ELDs automatically track and record driving hours, making it impossible for drivers to falsify paper logbooks. ELD data is one of the most important pieces of evidence in a truck accident case.
If the driver of the truck that hit you was out of compliance with hours of service rules when the crash occurred, the ELD proves it.
Vehicle Maintenance Requirements
Commercial trucks must also adhere to strict maintenance and inspection requirements. Trucking companies are required to maintain detailed records of all vehicle repairs and inspections. Preventable accidents caused by brake failures, tire blowouts and other maintenance issues are on the rise.
If a trucking company neglected to properly maintain a vehicle, they are liable for your damages when their negligence causes a wreck.
Illinois-Specific Truck Accident Laws
Trucking companies must follow federal regulations at a minimum, but Illinois for instance, has its own rules, too.
There were 139 deaths and 3,750 injuries caused by semi-trucks across Illinois in 2024. They’re not just statistics, though. They’re people with lives and families and dreams that were forever altered.
Commercial Driver’s License Requirements
All drivers of commercial motor vehicles must have a CDL in Illinois. A CDL is required for any vehicle:
Weighing more than 10,000 pounds
Designed to transport 16 or more passengers
Transporting hazardous materials that require placarding
Drivers must also be at least 18 years of age and pass extensive knowledge and skills testing. An unlicensed or improperly licensed driver behind the wheel of a truck is a major infraction you can point to at fault.
Weight and Size Limits
Illinois, like most states, places strict limits on the weight and dimensions of commercial trucks. Limits are in place to reduce roadway damage and prevent overloaded trucks from losing control. Violations result in fines for trucking companies and higher liability if they cause accidents.
Class II Route Restrictions
Not every road in Illinois is approved for commercial truck traffic. Class II routes in Illinois designate which roads can legally carry commercial traffic. When trucks travel outside of approved routes, it creates dangerous conditions on roads that cannot safely support the weight.
Understanding Liability in Truck Accidents
You can often pursue claims against more than one party after a truck accident:
The Driver: If they were speeding, fatigued, distracted or broke regulations.
The Trucking Company: If they failed to train drivers, maintain vehicles or enforce safety policies.
The Cargo Loader: If improper loading procedures caused the accident.
The Manufacturer: If vehicle parts were defective and caused or contributed to the crash.
In many cases, you can bring a case against multiple defendants, increasing your chances of collecting full compensation.
Your Rights After a Truck Accident
Truck accidents are no joke. In Illinois, you have two years from the date of the accident to file a personal injury claim. For property damage claims, you have five years.
Don’t Wait, Though. Evidence can disappear quickly. Trucking companies have their lawyers working to protect their interests immediately after an accident. You need an aggressive advocate working just as hard to protect yours.
Document, document, document:
Medical records and bills
Photos from the accident scene
Witness information
Police reports
Employment records showing lost wages
The more evidence you can gather, the stronger your case will be.
What Compensation Can You Recover?
Truck accident victims can collect compensation for:
Medical expenses (current and future)
Lost income and earning capacity
Pain and suffering
Property damage
Rehabilitation costs
Emotional distress
Given the severity of most truck accidents, settlement and verdicts can be significant. The average fatal trucking accident costs an eye-popping $7.2 million.
Common Trucking Violations That Cause Accidents
After working on thousands of truck cases, we know what causes most truck accidents. Truck drivers and trucking companies repeatedly engage in the same risky, negligent behavior:
Violating hours of service and driving while fatigued.
Failing to properly inspect and maintain vehicles.
Speeding or driving too fast for conditions.
Distracted driving (phone, eating, etc.).
Failure to properly secure cargo.
Driving under the influence.
Each violation is a direct violation of FMCSA regulations. It also proves truck driver and company negligence.
Final Thoughts on Moving Forward
Truck accident laws are designed to protect people like you. But knowing your rights and exercising them are two different things. The trucking industry has many huge enterprises with deep pockets and very sophisticated lawyers trying to pay out as little as possible.
You need someone in your corner who knows the complicated maze of federal and state regulations. Truck accident cases are too complicated and the stakes are too high to try to do this by yourself. Contact experienced legal help immediately after your accident.
Your future depends on it.
Frequently Asked Questions
What should I do immediately after a truck accident?
Get medical attention first, even if you feel fine. Call the police and document everything–take pictures, get witness information, preserve evidence. Then, contact an experienced truck accident lawyer before speaking to insurance companies.
How long do I have to file a truck accident claim in Illinois?
Two years for a personal injury claim, five years for property damage. But you should contact an attorney immediately after an accident to preserve evidence and protect your rights.
Can I still recover compensation if I was partially at fault?
Yes. Illinois modified comparative negligence law allows you to recover damages if you are less than 51% at fault. But any percentage of fault reduces the value of your case.
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