After getting into an accident with a truck, you might feel overwhelmed with all of the things happening. If you live in the Chicagoland area, it can help knowing what your rights are in this situation and what compensation you can receive when you file a claim.
What you can do at the accident scene
After a truck accident, you can take certain actions that protect your interests from the very beginning. These include:
- Request that police respond and file an official accident report
- Obtain the truck driver’s name and insurance information
- Document the scene with photos of vehicle damage, road conditions and visible injuries
- Seek immediate medical attention, even if injuries seem minor
Gathering this information while details are fresh creates a reliable record that supports your position during insurance negotiations or formal claims.
Compensation you may be entitled to recover
You may be able to pursue damages for:
- Medical expenses including emergency treatment, surgery, physical therapy and future care
- Lost wages and reduced future earning capacity
- Emotional harm and a decline in your overall quality of life
- Damage to your vehicle and other personal property
The law divides these losses into two categories: economic and non-economic damages. Illinois also applies a modified comparative negligence rule. If the court finds that you were 51% or more at fault for the crash, you cannot recover compensation.
Parties who may share liability for your injuries
In Illinois, the statute of limitations for personal injury is generally 2 years, while property damage is 5 years. This makes time an important element because missing this deadline can prevent you from filing a lawsuit. As such, legal counsel will need to identify the responsible party as soon as they can.
The truck driver could bear responsibility if negligence contributed to the collision. Common factors in commercial vehicle accidents include distracted driving, speeding and driving while fatigued.
The trucking company may also share legal blame. Employers usually answer for the actions of their drivers. When a driver works as an independent contractor, the company’s level of control over the work determines whether liability applies.
Other parties may also play a role. Cargo loading companies can face claims if unsafe loading leads to shifting cargo and loss of control. Maintenance providers may also carry fault when poor repairs or inspections contribute to the crash. However, the law limits their responsibility for non-economic damages when their share of fault stays below 25%.