Illinois Truck Accident Lawyer Guide: Laws, Deadlines and Rights

Chicago is one of the largest freight hubs in North America, where rail, air and trucking networks meet. Interstates 80, 55, 57, 90, 94, 290, 294 and 39 carry heavy trucks around the clock, and the Tri-State Tollway and the Dan Ryan are among the most congested routes in the country. When a commercial truck is involved in a crash, Illinois law has several features that can change what you recover, including a split system of joint liability and a statutory prejudgment interest rule. This guide explains the laws that matter most after a truck crash in Illinois, the evidence to protect and how to choose an Illinois truck accident lawyer. We do not recommend or rank any individual firm.

Illinois truck accident laws at a glance

• Filing deadline: two years for personal injury under 735 ILCS 5/13-202, and two years from the date of death for wrongful death under 740 ILCS 180/2. Property damage claims have a five-year limit under § 13-205.
• Government claims: claims against local public entities fall under the Local Governmental Tort Immunity Act, which generally requires a notice and a lawsuit within one year, and some entities, such as certain transit authorities, require notice in as little as six months.
• Fault rule: modified comparative fault under 735 ILCS 5/2-1116. You are barred if you are more than 50% at fault.
• Joint liability: under 735 ILCS 5/2-1117, a defendant who is 25% or more at fault is jointly and severally liable for all damages. A defendant less than 25% at fault is jointly liable for medical expenses but only severally liable for non-medical damages.
• Prejudgment interest: under 735 ILCS 5/2-1303(c), interest of 6% per year runs on most personal injury and wrongful death damages from the date the action is filed, capped at five years and reducible by a qualifying written settlement offer.
• Insurance system: at-fault, with no "serious injury" threshold. Minimum liability limits for ordinary vehicles are $25,000 per person, $50,000 per accident and $20,000 for property damage.
• Damage caps: Illinois does not cap compensatory damages in ordinary injury or wrongful death cases.

The 51% rule

If a jury finds you 30% at fault and your damages are $500,000, you can recover $350,000. If it finds you 51% at fault, you recover nothing. At exactly 50%, you can still recover half. Insurers look for arguments about speed, lane changes, braking or blind spots, so photos, video, witness statements and the truck's electronic data matter.

The 25% joint liability rule: why it matters in truck cases

Illinois uses a split rule. Each defendant who is 25% or more at fault can be required to pay the entire judgment, which helps injured people collect when one defendant is uninsured or cannot pay. A defendant found less than 25% at fault pays only its own share of non-medical damages, but it can still be liable for the full amount of medical expenses. In a truck crash, this means a careful investigation to identify every responsible party can affect how much is ultimately collectible. When the driver is an employee acting within the scope of the job, the carrier is also generally responsible for the driver's share.

Prejudgment interest: a recent change

Effective July 1, 2021, Illinois began awarding prejudgment interest in most personal injury and wrongful death cases. The interest rate is 6% per year, it generally runs from the date the lawsuit is filed, and it is capped at five years. A defendant can reduce or eliminate it by making a qualifying written settlement offer within a set time after the case is filed, and the plaintiff can lose interest if a later judgment is lower than the offer. This gives both sides a financial reason to evaluate offers carefully, so ask a lawyer how it may apply to your case.

Truck crashes in Illinois: the context

The Illinois Department of Transportation (IDOT) publishes annual crash data, and the Illinois State Police enforce commercial vehicle rules on the interstates. Heavy congestion, construction zones, intermodal traffic and winter weather add risk. Nationally, NHTSA counted 5,340 deaths in large-truck crashes in 2024, and about 70% of those killed were in other vehicles. For the latest Illinois figures, check IDOT's crash facts.

Who may be responsible for an Illinois truck crash

• The truck driver, for speeding, distraction, fatigue, impairment or following too closely.
• The motor carrier, for the employee's actions and for negligent hiring, training, dispatch pressure or poor maintenance.
• A cargo loader, shipper or broker, if freight was overloaded, unsecured or an unsafe carrier was chosen.
• A repair shop or parts maker, if brakes, tires or other equipment failed.
• A public entity, in some cases involving road design, signals or construction zones, subject to the Tort Immunity Act.

Insurance in an Illinois truck crash

Illinois's minimum limits for ordinary vehicles are far below the cost of a serious truck injury. Under federal rules, interstate carriers hauling general freight must carry at least $750,000 in liability coverage, with higher minimums for some hazardous cargo. Many carriers carry more. Your own uninsured and underinsured motorist coverage and medical payments coverage may also apply.

Evidence that matters in an Illinois truck case

• The crash report from the investigating agency, often the Illinois State Police, a county sheriff or city police
• Photos and video of the scene, the truck, its markings and the USDOT number
• Driver logs and electronic logging data. Hours-of-service rules apply, and carriers generally keep logs for only six months.
• Dash camera footage, engine data and maintenance records
• Witness names and contact information
• Medical records and bills from the first day

You can look up the carrier's inspection and crash history in the FMCSA SAFER system. Ask a lawyer about sending a written preservation request to the carrier quickly.

What compensation may include

• Medical expenses, past and future
• Lost income and reduced earning capacity
• Pain and suffering and loss of a normal life
• Property damage
• In a fatal crash, funeral costs and wrongful death damages for eligible family members, along with a survival action for the decedent's own losses
• Prejudgment interest, where it applies

No one can promise a result. The outcome depends on your injuries, the evidence, the insurance available and your share of fault.

Steps to take after a truck crash in Illinois

1. Call 911 and get medical care, even if you feel fine.
2. Photograph the scene, the truck and its USDOT number.
3. Do not say you were at fault, and do not guess about speed or distance. Under the 51% rule, every word can be used.
4. Make sure a police report is filed and get the report number.
5. Do not give a recorded statement to the trucking company's insurer without advice.
6. Speak with an Illinois truck accident lawyer early, before evidence is overwritten.

Choosing an Illinois truck accident lawyer

Confirm the lawyer is licensed in Illinois through the Attorney Registration and Disciplinary Commission (ARDC) lookup, ask about commercial trucking experience and how they handle prejudgment interest and settlement offers, and get the fee agreement in writing. Many injury lawyers work on contingency, so there is no fee unless you recover, but percentages and case costs vary. Read our guide on attorney fees and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with an Illinois attorney. We do not endorse any law firm.

Frequently asked questions