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Have you been in a truck accident? If so, you face a slew of legal issues. Medical bills, insurance companies, a complex array of trucking laws – you’re probably confused about where to start.
Let’s be honest, knowing truck accident laws isn’t just important. It is critical to protecting your rights and recovering the compensation you deserve.
In this article
Why Are Truck Accidents Different From Federal Trucking Regulations You Need to Know Illinois Truck Accident Laws and Understand Liability in Truck Accidents Your Rights After a Truck Accident What Compensation Can You Recover? Common Trucking Violations That Cause Accidents Final Thoughts Moving Forward Frequently Asked Questions
Why are truck accidents different?
Truck accidents are not like regular car crashes. They’re more complicated than you might think. In fact, large truck accidents killed more than 5,000 people across the country in 2023. What’s worse? 82% of those killed were passengers in other vehicles.
When you’re dealing with a commercial truck, you’re probably no longer dealing with just one negligent driver. You deal with trucking companies, insurance companies, federal and state rules, and more.
Experienced legal professionals, like our Illinois truck accident attorneys, provide crucial assistance in this case. They know what to do and what to expect when dealing with a truck case because it is different from a regular car 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 goods can weigh up to 80,000 pounds. This is the weight of your car multiplied by 20.
Federal trucking regulations you need to know
The Federal Motor Carrier Safety Administration (FMCSA) was not created to give truck drivers more hoops to jump through.
They exist for one reason, to keep 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
Fatigue driving is the main cause of truck accidents. So much so that the FMCSA has rules that limit how long truck drivers 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 out of service.
There is a maximum period of fourteen consecutive hours during which a driver may not drive after arriving for service.
Confused yet?
good. This is because it is confusing. Driver fatigue is one of the leading causes of fatal truck accidents. Trucking companies and drivers who ignore service hours regulations are held liable when they cause accidents.
Electronic recording 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 records. 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 did not adhere to hours-of-service rules when the accident occurred, the ELD proves it.
Vehicle maintenance requirements
Commercial trucks must also adhere to stringent maintenance and inspection requirements. Trucking companies are required to keep detailed records of all vehicle repairs and inspections. Preventable accidents caused by brake failure, tire blowouts, and other maintenance issues are on the rise.
If a trucking company neglects to properly maintain the vehicle, they will be liable for damages you suffer when their negligence causes a wreck.
Illinois truck accident laws
Trucking companies must follow federal regulations at a minimum, but Illinois, for example, has its own rules as well.
There were 139 deaths and 3,750 injuries caused by pickup trucks across Illinois in 2024. However, they’re not just statistics. They are people with lives, families and dreams changed forever.
Commercial driver’s license requirements
All commercial vehicle drivers must have a CDL in Illinois. A CDL is required for any vehicle:
Weighing over 10,000 pounds, designed to carry 16 or more passengers, transport hazardous materials requiring placards
Drivers must be at least 18 years old and pass extensive knowledge and skills tests. Having an unlicensed or improperly licensed driver behind the wheel of a truck is a major violation that you can flag as a foul.
Weight and size limits
Illinois, like most states, has strict limits on the weight and dimensions of commercial trucks. The limits are in place to minimize damage to roads and prevent overloaded trucks from losing control. Violations result in fines for trucking companies and increased liability if they cause accidents.
Class II road restrictions
Not all roads in Illinois are approved for commercial truck traffic. Class II routes in Illinois specify routes that can legally carry commercial traffic. When trucks travel outside approved routes, they create dangerous conditions on roads that cannot safely support the weight.
Understanding liability in truck accidents
You can often file claims against more than one party after a truck accident:
Driver: If he is speeding, tired, distracted, or violating the regulations.
Trucking company: If you fail to train drivers, maintain vehicles, or enforce safety policies.
Cargo loader: If incorrect loading procedures cause the accident.
Manufacturer: If the vehicle parts were defective and caused or contributed to the accident.
In many cases, you can file a case against multiple defendants, which increases your chances of receiving full compensation.
Your rights after a truck accident
Truck accidents are no joke. In Illinois, you have two years from the date of your 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 own lawyers who work to protect their interests immediately after an accident occurs. You need a strong advocate who will work just as hard to protect your rights.
document, document, document:
Medical records, bills, photos from the scene, witness information, police reports, employment records showing lost wages
The more evidence you can collect, the stronger your case becomes.
What compensation can you recover?
Truck accident victims can receive compensation for:
Medical expenses (current and future) Loss of income and earning capacity Pain and suffering Property damage Rehabilitation costs Emotional distress
Given the seriousness of most truck accidents, settlement and judgments can be important. The average cost of a fatal trucking accident is $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 and negligent behaviors:
Violating hours of service and driving while fatigued. Failure to properly inspect and maintain vehicles. Speeding or driving too fast for the 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 the negligence of the truck driver and the company.
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 companies with deep pockets and highly sophisticated lawyers who try to pay as little as possible.
You need someone in your corner who knows the complex maze of federal and state regulations. Truck accident cases are too complex and the risks are too high to attempt to do it yourself. Contact experienced legal assistance immediately after the 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, and preserve evidence. Then contact an experienced truck accident attorney before talking to insurance companies.
How Long Do I Have to File a Truck Accident Claim in Illinois?
Two years for a personal injury claim, and five years for property damage. But you should contact an attorney immediately after the accident occurs to preserve evidence and protect your rights.
Can I still get compensation if I was partially at fault?
Yes. Illinois’ modified comparative negligence law allows you to recover damages if you were less than 51% at fault. But any percentage of error reduces the value of your case.
The article Truck Accident Laws: What Victims Need to Know appeared first on Clean Fleet Report.
