How Long Do Commercial Trucking Collision Cases Take in Illinois?
- HM&M
- Aug 7
- 3 min read

Commercial trucking collision cases are often more complex than standard car collision claims. Because these cases frequently involve serious injuries, multiple parties, federal regulations, and large insurance policies, they can take longer to resolve than other types of personal injury cases.
Some trucking cases settle within months, while others may take several years if litigation becomes necessary. Understanding the stages of a trucking case can help injured individuals know what to expect throughout the legal process.
Phase 1: Case Evaluation and Investigation
Estimated Timeline: 1–6 Months
The first phase focuses on investigating the collision and preserving critical evidence.
This may include:
Reviewing police reports
Collecting photographs and video footage
Obtaining witness statements
Preserving black box and electronic logging device data
Reviewing driver logs and maintenance records
Evaluating medical records and injuries
Because trucking companies often launch investigations immediately after a collision, early evidence preservation is especially important.
Phase 2: Filing the Lawsuit
Estimated Timeline: 1–3 Months
Once sufficient evidence has been gathered, a formal claim or lawsuit may be filed.
This stage may involve:
Sending preservation letters to trucking companies
Preparing demand packages
Filing the legal complaint
Serving defendants with notice of the lawsuit
Because trucking cases often involve multiple defendants, this process can take longer than a typical motor vehicle case.
Phase 3: Discovery Phase
Estimated Timeline: 9–24+ Months
Discovery is often the longest phase of a commercial trucking case.
During this stage, both sides exchange evidence and information, including:
Depositions of drivers, witnesses, and company representatives
Driver qualification and training records
Maintenance and inspection records
Hours-of-service documentation
Medical evaluations and expert reports
Cases involving catastrophic injuries or disputed liability often require extensive discovery.
Phase 4: Mediation or Settlement Negotiations
Estimated Timeline: 2–6 Months (or ongoing)
Many commercial trucking cases settle before trial.
Settlement discussions may involve:
Negotiating compensation for medical expenses and lost wages
Evaluating future care needs and long-term damages
Participating in mediation sessions
Reviewing settlement offers and counteroffers
Negotiations often continue throughout the litigation process.
Phase 5: Trial
Estimated Timeline: Several Days to Weeks (Typically 2–4+ Years After Filing)
If the parties cannot reach a settlement, the case may proceed to trial.
At trial:
Evidence and testimony are presented
Accident reconstruction experts may testify
Trucking industry experts may explain regulatory violations
A judge or jury determines liability and damages
Although trials themselves are relatively short, reaching trial often takes several years.
Factors That Can Lengthen the Timeline
Several factors can affect how long a commercial trucking collision case takes, including:
The severity of the injuries
Multiple liable parties
Federal regulatory issues
Disputed liability
Ongoing medical treatment
Insurance coverage disputes
Court scheduling delays
Cases involving fatalities or catastrophic injuries often require additional expert analysis and litigation time.
Is It Worth Waiting?
For many injured individuals and families, the legal process may feel lengthy. However, taking the time to thoroughly investigate and build a strong case can significantly impact the outcome.
A comprehensive case can help:
Maximize financial compensation
Recover future medical costs and lost earning capacity
Hold trucking companies accountable
Improve safety practices within the industry
While every case is different, patience and preparation are often essential to achieving a fair result.
Work With a Commercial Truck Collision Attorney in Illinois
Commercial trucking cases involve complex legal issues, federal regulations, and aggressive insurance defense teams.
At Hurley McKenna & Mertz, P.C., we investigate trucking collisions, preserve critical evidence, and guide injured individuals and families through every phase of the legal process. Our team is committed to pursuing accountability and full compensation for our clients.
If you were injured in a commercial trucking collision, contact our Illinois truck collision attorneys today for a confidential consultation and guidance on your legal options.


