What is the statute of limitations for truck accidents in Illinois?

Illinois provides 2 years from the date of the accident to file a personal injury lawsuit. Wrongful death claims also have a 2-year deadline from the date of death. Illinois courts strictly enforce these deadlines, so timely action is essential.

How does Illinois's fault system affect my truck accident claim?

Illinois uses modified comparative negligence with a 51% bar. If you are found 51% or more at fault, you cannot recover any damages. If you are 50% or less at fault, your recovery is reduced by your fault percentage. This makes establishing the trucker's primary liability critical.

Are there damage caps in Illinois truck accident cases?

No, Illinois does not cap compensatory damages in personal injury cases. The Illinois Supreme Court has ruled damage caps unconstitutional. You can recover full compensation for medical expenses, lost wages, pain and suffering, and other losses.

What is the average truck accident settlement in Illinois?

Illinois truck accident settlements typically range from $100,000 to several million dollars depending on injury severity. Chicago area cases often see higher settlements due to larger jury pools. The state's prohibition on damage caps allows for substantial recovery in serious injury cases.

How long do truck accident cases take in Illinois?

Most Illinois truck accident cases settle within 12-24 months. Cook County (Chicago) courts can have significant backlogs. Downstate courts may move more quickly. Complex multi-party trucking cases involving major carriers may require extensive discovery.

What should I do after a truck accident in Illinois?

Call 911 immediately, seek medical attention, document the accident scene with photos including the truck's company name and DOT number, gather witness contacts, and contact a truck accident attorney before speaking with insurance adjusters. Chicago-area accidents often involve interstate jurisdictional issues.

What makes Illinois truck accidents unique?

Chicago is one of the nation's primary trucking hubs, with major interstates (I-80, I-90, I-94, I-55, I-57) converging in the metro area. Illinois handles more intermodal freight than any other state. The Chicago area's notorious traffic and weather challenges contribute to accident frequency.

Why do I need a truck accident lawyer in Illinois?

Illinois's status as a national trucking hub and lack of damage caps make cases both valuable and heavily contested. An experienced Illinois truck accident attorney can navigate Cook County's complex court system, investigate FMCSA violations by major carriers, and maximize recovery in a state where the Supreme Court has protected victims' rights to full compensation.

Home / Truck Accident Attorney / Illinois

Illinois Truck Accident Attorney

State-specific legal information for truck accident cases in Illinois. Find attorneys who understand Illinois law, statute of limitations, and fault rules.

Free Case Evaluation

24/7 Available

No Fee Unless You Win

Last updated: January 15, 2025

How Illinois Compares: Truck Accident Statistics & Legal Impact

Illinois vs. National Average

Comparing truck accident statistics

Source: FMCSA Large Truck and Bus Crash Facts 2022

Fault System Impact

Example: If you're 30% at fault

Under Illinois's System:

You can recover 70% of damages since your fault is below the 51% threshold.

Statute of Limitations

2 years

Personal injury claims

Wrongful death: 2 years

Fault System

Modified Comparative 51

Illinois follows modified comparative negligence with a 51% bar. You cannot recover if you are 51% o...

Damage Caps

No Caps

Illinois does not cap compensatory damages in personal injury cases. The Illinoi...

Settlement Calculator

Estimate your potential case value for Illinois

Medical Expenses$50,000

Past and future medical costs

Lost Wages$25,000

Lost income and earning capacity

Pain & Suffering Multiplier3x

Based on injury severity (1 = minor, 5 = catastrophic)

Your Fault Percentage0%

Illinois uses modified comparative 51 negligence system, your 0% fault may prevent recovery. Consult an attorney immediately to review your options.

Economic Damages:$75,000

Non-Economic Damages:$150,000

Total Before Fault Adjustment:$225,000

Estimated Settlement Range:

$135,000 - $225,000

Actual settlements vary based on evidence, defendant conduct, and case-specific factors

Get Free Case Evaluation

Illinois Statute of Limitations

Personal Injury Claims

2 years

From the date of the accident to file a lawsuit. Missing this deadline bars your claim permanently.

Wrongful Death Claims

2 years

From the date of death to file a wrongful death lawsuit. Family members must act quickly.

Legal citation: 735 ILCS 5/13-202

Don't Wait Until the Deadline

Even though you have 2 years, trucking companies can legally destroy ELD data and logs after 6 months. Contact an attorney immediately to preserve evidence. Read more about statute of limitations exceptions.

Illinois Fault System

Modified Comparative 51

Illinois follows modified comparative negligence with a 51% bar. You cannot recover if you are 51% or more at fault. If 50% or less at fault, your recovery is reduced by your fault percentage.

What This Means for Your Case

Under Illinois's modified comparative negligence rule, insurance companies will fight to assign you enough fault to bar recovery. Your attorney must effectively prove the truck driver's greater responsibility for the accident.

Legal citation: 735 ILCS 5/2-1116

Illinois Damage Caps

No Damage Caps

Illinois does not cap compensatory damages in personal injury cases. The Illinois Supreme Court has struck down previous attempts to cap damages as unconstitutional. Both economic and non-economic damages can be recovered in full.

Legal citation: Lebron v. Gottlieb Memorial Hospital (2010)

Notable Illinois Settlements & Verdicts

Recent case results demonstrate the value of strong legal representation

2023

Verdict for catastrophic injury victim after trucking company ignored driver fatigue violations on I-90.

Cook County, IL

2022

Settlement for family in wrongful death case involving overloaded truck on I-80.

Will County, IL

Important: Past results do not guarantee similar outcomes. Each case is unique and depends on specific facts, evidence, and legal circumstances. These examples demonstrate the potential value of truck accident cases with strong liability evidence.

High-Risk Truck Routes in Illinois

Major highways with elevated truck accident rates

Interstate 80/94

Major corridor through Chicago suburbs with extreme truck traffic from nationwide freight routes.

Interstate 55

Southwest corridor from Chicago connecting to St. Louis with heavy commercial traffic.

Interstate 90

Northwest corridor from Chicago connecting to Wisconsin and beyond with high truck volumes.

Interstate 57

South corridor from Chicago connecting to southern Illinois and beyond.

Safety Tip: If you were injured on one of these high-risk routes, evidence preservation is critical. Dashboard cameras, witness statements, and electronic logging device (ELD) data can prove negligence.

Frequently Asked Questions: Illinois Truck Accident Law

Learn More About Truck Accident Cases

Complete Truck Accident Lawyer Guide

Everything you need to know about hiring an attorney and what to expect

Truck Accident Settlements

Average payouts and factors affecting case value

How to File a Lawsuit

Step-by-step legal process explained

Truck Accident Statistics

State-by-state data and trends

View Other State Information

View All States

Expert-Verified Information

Expert-Informed

Content cross-referenced against expert guidance

Primary Sources:

•FMCSA
•NHTSA
•CVSA

View Our Expert Directory

Get Help with Your Illinois Truck Accident Case

Connect with experienced truck accident attorneys who understand Illinois law. Free consultation with no obligation.

Free Case Evaluation Learn More

Illinois Statute of Limitations

Personal Injury Claims

2 years

From the date of the accident to file a lawsuit. Missing this deadline bars your claim permanently.

Wrongful Death Claims

2 years

From the date of death to file a wrongful death lawsuit. Family members must act quickly.

Legal citation: 735 ILCS 5/13-202

Don't Wait Until the Deadline

Illinois Fault System

Modified Comparative 51

Illinois follows modified comparative negligence with a 51% bar. You cannot recover if you are 51% or more at fault. If 50% or less at fault, your recovery is reduced by your fault percentage.

What This Means for Your Case

Legal citation: 735 ILCS 5/2-1116

Illinois Damage Caps

No Damage Caps

Legal citation: Lebron v. Gottlieb Memorial Hospital (2010)

Frequently Asked Questions: Illinois Truck Accident Law