What Is the Statute of Limitations for Commercial Trucking Collisions in Illinois?

The statute of limitations determines how long you have to file a lawsuit after a commercial trucking collision. In Illinois, these deadlines are important because waiting too long can prevent you from recovering compensation for medical expenses, lost wages, pain and suffering, and other damages.

Because trucking cases often involve multiple parties—including drivers, trucking companies, maintenance providers, and cargo companies—it is especially important to understand the applicable deadlines and begin investigating quickly.

The Basic Deadline:

In Illinois, most commercial trucking injury claims are subject to a two-year statute of limitations.

This generally means:

• You have two years from the date of the collision to file a personal injury lawsuit.

• The deadline typically applies to claims involving injuries caused by the negligence of a truck driver, trucking company, or another responsible party.

If a lawsuit is not filed within this timeframe, you may lose your right to pursue compensation through the courts.

Absolute Deadline:

While the standard rule is generally two years, certain circumstances can affect the timeline.

For example:

• Property damage claims may have different filing deadlines.

• Wrongful death claims may follow separate legal timelines.

• Claims involving government-owned trucks or public entities may involve additional notice requirements and shorter deadlines.

Because commercial trucking cases often involve multiple defendants and insurance policies, determining the correct deadline can be more complicated than in a typical car collision case.

Exceptions for

Illinois law includes several exceptions that may affect the statute of limitations in commercial trucking collision cases:

• Minors: If the injured person is under 18 years old, the filing deadline may be extended.

• Delayed discovery: In limited situations where injuries were not immediately apparent, the filing period may begin later.

• Government entities: Collisions involving municipal trucks, public transit vehicles, or other government-owned commercial vehicles may require earlier notice and different procedures.

• Wrongful death claims: Separate timelines may apply when a trucking collision results in death.

• Legal disability or incapacity: The statute of limitations may be paused in certain circumstances involving incapacity.

Why It's Critical to Act Quickly

Even if you have time to file a lawsuit, waiting can make it significantly harder to prove your case.

Acting quickly can help preserve critical evidence such as:

• Driver logs and hours-of-service records

• Electronic logging device (ELD) data

• Black box information

• Maintenance and inspection records

• Dashcam footage

• Witness statements

Trucking companies often begin investigating collisions immediately after they occur, making early action particularly important for injured victims.

Get Help from an Illinois Truck Collision Attorney

Commercial trucking cases are often far more complicated than standard vehicle collision claims. They may involve federal regulations, multiple insurance companies, and numerous potentially responsible parties.

At Hurley McKenna & Mertz, P.C., we help injured individuals understand their legal rights, identify applicable deadlines, and pursue compensation against negligent drivers, trucking companies, and other responsible parties.

Contact our Illinois truck collision attorneys today for a confidential consultation and guidance on your legal options.