What Is the Legal Process for a Truck Accident Case in Illinois?

 Posted on May 27, 2025 in Personal Injury

Seeking compensation for damages like medical expenses, lost wages, and damaged property is permitted under the at-fault auto accident system in Illinois. While filing a claim is relatively straightforward in some cases, truck accidents present unique considerations that complicate the process. Consider some basic elements of filing a truck accident claim, such as the evidence you need and who will be liable for damages. Then, contact a Kendall County, IL truck accident attorney to learn more about how the laws apply to your case.

What Evidence Is Needed for a Truck Accident Claim in Illinois?

When you file a claim seeking compensation for your losses after a truck accident, you are responsible for providing evidence to prove negligence and damages. Examples of evidence commonly used in truck accident cases include:

• The police report filed after the crash, which will often contain the officer’s opinion on fault determination

• Images or videos of the vehicles and the accident scene

• Any available video footage, typically from traffic cameras, nearby security cameras, or dashcams

• Testimonies from eyewitnesses

• The truck driver’s ELD data and logs

• The event data recorded in the truck’s black box

• Inspection and maintenance records for the truck

• Driver training and qualification information

• Instructions from dispatch before the crash

The goal is to use this evidence to build a strong case for liability and damages. 

Who Is Liable for Damages in an Illinois Truck Accident Case?

As the victim, you must prove that the at-fault party owed you a duty of care and that they breached it. Then, you have to prove that their actions were directly responsible for the accident and that the accident caused your injuries and damages. Part of what makes truck accident cases more challenging than other auto accident claims is the potential liable parties. 

Your attorney will identify anyone who could be potentially liable for your accident and investigate to gather sufficient evidence of fault. In a truck accident case, the driver, trucking company, cargo loader, maintenance contractor, and others could be responsible for your losses. It is common in these cases to sue the trucking company for the driver’s conduct. If they failed to properly vet or train the driver or did not maintain the truck according to industry standards, they could be responsible.

Do You Need To File a Lawsuit for a Truck Accident in Illinois?

Typically, your attorney will deal directly with insurance adjusters to negotiate a settlement on your behalf. It is advisable not to talk to the adjusters on your own. They represent the best interests of the company and will often try to undermine the value of your claim. If your attorney is unable to reach a reasonable settlement, they will prepare the paperwork to file a lawsuit. According to Illinois law, you have two years from the day of the truck accident to file the lawsuit and formally request compensation for damages. 

Contact a Joliet, IL Truck Accident Attorney for a Free Consultation

If you suffered injuries in a truck accident caused by a negligent party, talk to the Will County, IL truck accident lawyers at Rathbun, Cservenyak & Kozol LLC today about your right to recover compensation. Illinois personal injury laws protect the victims of careless drivers and trucking companies, and we have won millions of dollars in awards and settlements for our clients. Call 815-730-1977 to schedule your free initial consultation with an attorney who will fight aggressively to protect your rights.