When seeking a truck accident lawsuit in Illinois, you have two years to file, according to the statute of limitations for vehicle accident cases. If you fail to file on time, you may be unable to recover compensation for your accident, but there are some exceptions to this statute that may apply to you.
To consult with a truck accident attorney in Chicago and discuss your case, call Ankin Law at 312-600-0000.
Understanding the Statute of Limitations
Every civil case has a statute of limitations in place that gives people a limited amount of time to file a claim or lawsuit. The reason for this limit is the gradual depreciation of evidence or lack of available evidence, eventually making it difficult or impossible to prove negligence.
Truck accident cases fall under the umbrella of personal injury law. If a truck accident results in an injury, individuals only have a number of years to open a case before they’re unable to seek compensation.
According to Illinois law, the statute of limitations for injury cases such as truck accident lawsuits is two years from the date of the accident. As such, you must open a case within two years after the date of the accident, or you will no longer qualify for a compensation claim.
A truck accident lawyer can work with you to ensure you collect all available evidence and begin your case before the statute of limitations passes.
What Factors Impact the Statute of Limitations?
The statute of limitations may have flexibility, depending on the nature of the case and the individuals involved. The following are key factors that can affect the two-year time limit for a truck accident lawsuit:
Injuries Discovered After the Accident
In some instances, victims may not know they sustained injuries following the accident until days, months, or even years afterward. If the victim doesn’t discover injuries right away, this could lead to a deadline extension. The personal injury statute of limitations in Illinois would start from the date when the victim discovered that he or she suffered injuries.
It’s in your best interest to seek immediate treatment following an accident. Any minor injuries could develop into serious conditions later, and the longer you wait to receive treatment, the harder it will be to prove that the injury resulted from the accident.
Additionally, seeking treatment will provide you with medical records that can serve as evidence in your accident case.
You Were a Minor at the Time of the Accident
You may also have the statute of limitations postponed if you were under the age of 18 when the accident occurred. Once you turn 18, the two-year statute of limitations will begin.
The Accident Involves Government Entities
The statute of limitations for your case could be different if the accident involved a government entity or vehicle. You can learn more about how this factor will impact your case by consulting with a truck accident attorney.
Who Is Liable for a Truck Accident?
There are several parties that can be held liable in your truck accident case, depending on the accident.
These parties include:
Truck Drivers
Truck drivers are often considered liable for accidents when they fail to drive safely on the road. They can cause accidents through distracted, impaired, reckless, or aggressive driving, and the weight and mass of these vehicles can make the impact far more severe than what other vehicles would cause.
In many cases, truck drivers experience fatigue on the job from long hours on the road, which is why they need periodic rest breaks and to log their hours using an electronic logging device (ELD).
Trucking Companies
Another party that could be held liable in a truck accident case is the trucking company. For example, trucking companies could fail to perform regular maintenance on fleets, making their vehicles more prone to accidents on the road.
In other cases, trucking companies could negligently hire unqualified truck drivers with a history of poor driving or a lack of proper licensing, making the companies partly responsible if the driver causes an accident.
Mechanics
Victims may also file a truck accident lawsuit against mechanics who failed to provide proper services to trucks or other vehicles. For instance, mechanics may not properly diagnose an issue with a vehicle or neglect to repair or replace parts as needed, making them liable if the vehicle’s malfunction causes an accident.
Government Entities
Sometimes, truck accidents could result from government entities’ negligence. They might fail to repair roadways with cracks, potholes, or other dangerous conditions when they should have addressed them, or their vehicles could get involved in accidents, making them partly liable.
Maintenance Crews
Even if a roadway is undergoing maintenance to ensure it’s in good condition, maintenance crews could be negligent and cause truck accidents. An example could include equipment or other debris that workers leave behind on the road, presenting a hazard to drivers.
Steps to Take to File a Truck Accident Lawsuit
According to the Illinois Department of Transportation (IDOT), a recent year saw 295,604 motor vehicle accidents, 3.8% of which involved tractor-trailers.
If a negligent party was responsible for your truck accident, it’s important to know what to do after a truck accident. Here is a brief guide to help you get started with a truck accident lawsuit in Illinois:
Seek Medical Care
The very first step after a truck accident should entail seeking professional medical treatment. Doing so can help you make a full recovery and provide you with evidence in the form of medical records and bills, which could help prove that the accident caused your injuries.
Consult with An Attorney
Plaintiffs in truck accident lawsuits may file against one or multiple defendants. An attorney could help you determine who was liable for your accident, whether it was another driver, a trucking company, or another person or entity. Your attorney will also be able to calculate damages and determine how much compensation you should receive for your losses. Your attorney may even be able to prove the accident caused you emotional distress.
Document the Accident
Evidence is the backbone of any accident case. Without it, your case may fall flat and be dismissed. It is essential after your accident to document as much evidence as you can to strengthen your claim and increase your chances of receiving a fair settlement.
Some examples of evidence you may document include:
- Pictures, including the damage to the vehicles, debris, and the surrounding area
- Videos of the damage and the surrounding area
- Police reports
- Medical records
- Witness testimony
- Traffic camera or security camera footage showcasing the accident
- Dashcam footage
An experienced attorney can assist you in gathering and organizing your evidence. Additionally, the evidence surrounding your case may help determine who to hold liable for the accident.
Negotiate a Settlement
Most truck accident cases settle during negotiations with insurers or defendants before going to trial. Your attorney may recommend you take this route if you can settle without going to court, as a trial case can cost much more than initial negotiations.
Go to Trial if Needed
Cases may wind up in court if neither side can come to an agreement. In these instances, you’ll need to work with a truck accident attorney with trial experience to represent you in court. The right attorney will proceed with a court case and help you navigate the legal process from start to finish, continuing to fight for the compensation you need.
File Your Truck Accident Lawsuit on Time
Based on the statute of limitations in Illinois, you only have two years to file a claim or suit before you’re unable to recover compensation. This means the sooner you file, the more likely you’ll be to succeed with a case against liable parties.For help building a case against a truck driver or another party, contact us at Ankin Law to speak with an experienced Chicago truck accident attorney in a free consultation about your case.
