When people hear 'car accident' and 'truck accident,' they tend to think it's basically the same thing with a bigger vehicle. It's not. Truck accident cases in Illinois are dramatically more complex, involve higher stakes, and require a lawyer who understands the specific regulations that govern the trucking industry. Let me break down why these cases are so different.
The first major difference is the severity of injuries. A fully loaded semi-truck can weigh up to 80,000 pounds. Your average passenger car weighs about 4,000 pounds. When those two collide, the results are catastrophic. We're talking traumatic brain injuries, spinal cord damage, amputations, and fatalities. The medical treatment is longer, more expensive, and the long-term impact on the victim's life is far greater.
The second difference is who can be held responsible. In a car accident, you're typically dealing with one at-fault driver and their insurance company. In a truck accident, there can be multiple parties on the hook: the truck driver, the trucking company, the company that loaded the cargo, the company that maintained the truck, and even the manufacturer of a defective truck part. Each of these parties has their own insurance and their own team of lawyers, which makes the case exponentially more complicated.
Third, there are federal regulations that apply to trucking companies that don't exist for regular drivers. The Federal Motor Carrier Safety Administration (FMCSA) sets rules about how many hours a truck driver can drive before taking a break, how trucks must be maintained, and how cargo must be loaded and secured. Violations of these regulations — like a driver who falsified their logbook to keep driving past the legal limit — can be powerful evidence in your case.
Fourth, the evidence disappears fast. Trucking companies know that when there's a serious accident, they could be facing a multi-million dollar lawsuit. They sometimes 'lose' driver logs, maintenance records, and electronic data from the truck's black box. A good truck accident attorney will send a spoliation letter immediately after the crash, putting the trucking company on notice that they must preserve all evidence. If you wait too long to hire a lawyer, that evidence could be gone forever.
If you've been hit by a truck in Illinois, don't make the mistake of treating it like a fender bender. These cases require aggressive investigation from day one. Call us at 312-500-4500. The consultation is free, and time is critical.
Since car and truck crashes both involve motor vehicle accidents and the Rules of the Road, they are very similar in many ways. There are some important differences in truck crashes, which I discuss below.
But I thought I should mention that I wrote an 'Ultimate Guide' about car crashes that covers really all motor vehicle accidents. Best of all, it is free and downloadable. I would sincerely suggest you give it a look.
More than 7.2 million car accidents occur in the U.S. every year. The statistics are alarming, considering the data shows the number of crashes is on the rise. The number of fatalities is also increasing.
These figures only tell part of the story. The number of accidents involving large trucks (semis, tractor trailers, etc.) increased by 5% from 2015-2016.
These numbers start to intersect. Large trucks are involved in fewer accidents but cause more damage due to their size. In fact, commercial trucks account for 287,000 insurance property damage claims, more than 77,000 injuries, and more than 4,300 deaths.
It’s obvious that large commercial vehicles cause more damage in a truck and car accident. They weigh 20-30 times more than the average car. They’re also longer and taller.
But there are more differences than the vehicle size when it comes to semi accidents.
You insure your personal car according to your state’s coverage requirements. Your driving record and personal info play a factor in your cost, as does the type of vehicle you drive.
But when you’re talking about an 18-wheeler, it’s a little more complicated.
Semi truck insurance has different liability coverage than cars. This coverage depends on whether they’re an owner-operator or an owner-operator who leases with a carrier.
For the former, policies can run between $3,000-$5,000 per year. For the latter, the average insurance policy costs $9,000-$12,000 every year. Where a trucker falls in these figures also depends on the following:
The way they structure their payment plan also influences the cost, as does their payment history.
These policies are worth millions, which is why the insurance companies spend big bucks fighting claims. They hire the most experienced adjusters to work these cases.
No insurance wants to pay in court, but carriers who hold semi policies use complicated tactics to avoid liability. They also try to blame the injured for the accident.
If a judge or jury finds the truck driver isn’t 100% liable, you could get awarded less money, or your claim could get denied outright. In some cases, the trucker’s insurance company will reach out to you with a settlement offer. Before you accept any amount of money, speak to a lawyer who specializes in these cases.
All passenger vehicles follow state and local traffic ordinances, whereas semis have federal regulations to follow as well. If a tractor-trailer driver is in violation of these laws, 18-wheeler accident settlements look a lot different.
Large and commercial trucks travel the interstate, which forces the federal government to set these regulations. All semi drivers and trucking companies must register with the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT).
These guidelines regulate how much they can haul and drive in a certain timespan. Truckers and companies must meet special qualifications and inspections.
They must keep accurate logbooks that detail what they haul, where they haul it to, and how long it takes them to get there. If it’s proven they’ve cooked the books, you may be open to higher compensation.
This is another area of expertise your attorney should be confident in.
Personal injury attorneys collect evidence after an accident. They review witness statements, photos of the vehicles, security videos, and police reports.
When it comes to semi accidents, there’s a different set of evidence to collect. These get broken up into one of three categories:
Your lawyer investigates each category so there’s enough information to present your case. When it comes to collecting evidence on the truck driver, your attorney should be looking at the driver’s qualifications and training. They should also review drug and alcohol screenings and the driver’s hours of service documents.
An experienced attorney will also go over evidence related to the semi itself. This includes maintenance and inspection histories. The onboard system and GPS will also get reviewed.
Because cargo plays a crucial role in the weight of the semi, your lawyer should review all weigh station paperwork, bills of lading, and dispatch instructions.
Your attorney will collect evidence faster in a semi-accident. Because the FMCSA only requires truckers to keep records for a set amount of time. For instance, they’re only required to keep logbooks for six months.
You should never rush into hiring an attorney, but in the case of an accident with a semi, bear in mind you’re working with a shorter timeline.
As heavy and large as commercial trucks are, they’re operated in a different manner than passenger cars, making the science of them somewhat unique. The same physics applies, of course, but their size and weight make how trucks move on the road different.
In general, truck drivers need more time to come to a complete stop. It also takes semis longer to speed up than a car. They need more space and special handling to maneuver.
Drivers have to use different angles when backing up and have different blind spots. In an accident, the collision itself is different, beyond the damages and injuries. Equipment failure is more significant in an accident involving a semi.
While equipment failure won’t get the driver off the hook, it could lessen their liability, which decreases your compensation. They’re still responsible for making sure their truck is well-maintained and without equipment issues.
That said, if the equipment failure is the result of a driver failing to maintain or inspect the truck, the onus falls back on them.
If the driver is successful, you and your legal team may have to turn your attention to the trucking company or the truck manufacturer.
That brings us to liability. Proving it in court may be your biggest obstacle. If you are not represented by an attorney, this is where you’ll start losing your case.
Due to all the guidelines truckers and trucking companies follow, they’ll have specialized training in these areas. They will also get trained on the cargo they’re hauling.
Commercial truck drivers should carry a CDL license. There are different classifications for a CDL based on the truck’s size. There are special endorsements on a CDL depending on what type of vehicle it is.
These endorsements mean the CDL holder has training in this field (ex. hazardous material or charter bus driving). In an accident, one of the first things a lawyer does is verify that the driver holds the correct licenses and certifications.
For example, if the driver doesn’t have a T endorsement but was operating a double-trailer that hit you, they weren’t qualified for that load, and the trucking company may be liable.
Even in extreme situations, like terrible car accidents that result in death, you’re only dealing with the other driver and their insurance company. In a crash involving a tractor-trailer, you have many parties involved.
Depending on who the driver is and where he/she work, the owner of the trucking company could also be liable. Under FMCSR guidelines, the truck (tractor) and trailer are separate entities. As such, the truck and trailer aren’t always owned by the same company.
Sometimes, the owner of the haul or trailer could be at fault. Most often, drivers don’t load the trailers. Shippers or loaders handle the cargo, including loading and offloading it from the trailer.
If the cargo is at fault, freight forwarders, warehouse workers, brokers, and shippers are open to liability. Maintenance and repair shops can also be liable if their faulty or improper work it to blame.
A large part of the compensation involves the injuries you suffered and how much they cost you. Because a semi causes more damage than a passenger car, it stands to reason that the medical bills are higher.
This is a bit of a no-brainer, but because the medical bills are higher, the compensation amount you’re seeking will be higher. Depending on your case, you may get awarded property damages.
If you miss work for an extended period of time or lose your job as a result of the accident, you may receive compensation for the loss of income. An experienced personal injury attorney will know how to calculate all your damages and financial losses to get you the most compensation possible.
Several reasons. Trucking companies and their insurers deploy rapid response teams to accident scenes immediately - locking in their version of the facts before you've even left the hospital. Federal regulations govern commercial trucking in ways that don't apply to passenger cars, creating additional liability theories. Multiple defendants are often involved - the driver, the trucking company, the cargo loader, the vehicle manufacturer. And the injuries are typically more severe because of the size and weight disparity. Truck cases require an attorney who understands all of these dimensions.
The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucking nationally. Key regulations cover hours of service - how long a driver can operate without rest - maintenance and inspection requirements, drug and alcohol testing, cargo securement, and driver qualification standards. Violations of these regulations can be powerful evidence of negligence. I subpoena driver logs, inspection records, and electronic logging device (ELD) data in every truck accident case.
The driver, the trucking company (which is vicariously liable for the driver's actions), the company that loaded the cargo if improper loading contributed, the vehicle or parts manufacturer if a mechanical defect was involved, and in some cases the shipper who contracted with the trucking company. Identifying all liable parties from the start is critical - some of these claims have shorter deadlines or require early preservation requests for evidence like black box data that gets overwritten.
Call 911 and get a police report. Seek emergency medical care - truck accident injuries are often severe. Do not speak to anyone from the trucking company, their insurance, or their attorneys. Take photos if you can safely do so. Get contact info from witnesses. Then call me immediately at 312-500-4500. I send preservation letters to the trucking company within hours of retention to prevent destruction of black box data, driver logs, and maintenance records that disappear quickly.
Two years from the date of the crash. That is the Illinois personal injury statute of limitations and it is strict - miss it and your case is over no matter how badly you were hurt. There are limited exceptions for minors and certain other categories. Truck accident evidence disappears much faster than the two-year deadline though - driver logs and electronic data can be overwritten within months if no preservation letter is sent. Do not wait. Call me at 312-500-4500 as soon as possible after the accident.
A spoliation letter is a formal demand to the trucking company (and sometimes its insurance carrier) that they preserve all relevant evidence - driver logs, electronic logging device data, dashcam footage, maintenance records, dispatch records, cargo manifests, and the truck itself for inspection. It puts them on legal notice that destruction of evidence will support an adverse inference against them at trial. I send a spoliation letter within hours of being retained on a truck case because the moment that letter is in their hands, they cannot 'lose' the evidence without serious legal consequences.
Electronic Control Module (ECM) and Event Data Recorder (EDR) 'black box' data from the truck can be overwritten in days. Driver hours-of-service logs are only required to be retained for six months under FMCSA rules. Dashcam footage often gets recycled within days or weeks. Surveillance footage from businesses near the crash scene typically gets overwritten in 14 to 30 days. Skid marks fade. Witnesses move and forget. The truck itself may be repaired or scrapped. Every day you wait to involve an attorney is a day that evidence is at risk. Call me at 312-500-4500.
Federal law (FMCSA financial responsibility regulations) requires commercial motor carriers to carry minimum liability coverage that is significantly higher than passenger car requirements - the exact minimum depends on what the truck hauls. General freight has one minimum; hazardous materials carry much higher requirements. Many trucking companies carry coverage well above the federal minimums because of the catastrophic injury exposure. That higher coverage is good news for catastrophically injured victims because it means the practical recovery ceiling is much higher than in an ordinary passenger car case.
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If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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