While trucks are involved in fewer crashes overall compared to passenger vehicles, the accidents they are involved in tend to result in far more serious outcomes. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2021, there were 15.51 fatal large truck crashes per million people in the U.S.—a 46% increase from 2010—and in 83% of those cases, the fatalities were not occupants of the truck.
Injuries sustained in a car accident and a truck accident might look similar on the surface, but the lawsuits and legal strategies are very different. If you’ve been injured in an Illinois semi-truck accident, an experienced truck accident lawyer can help you navigate the unique complexities of your case and pursue the compensation you deserve.
The Major Differences Between Car and Truck Accident Lawsuits
Bigger Insurance Policies
Due to the increased risks associated with operating commercial vehicles, the FMCSA requires motor carriers to maintain liability insurance coverage that is significantly higher than that of personal vehicles. For instance, while a personal auto policy in Illinois may require a minimum of $25,000 in bodily injury liability per person, a commercial carrier transporting non-hazardous freight must carry at least $750,000 in liability coverage. And while $750,000 is the federal minimum for non-hazardous freight, many commercial policies offer $1–5 million in liability coverage depending on cargo type and state requirements.
Unlike wrecks involving only privately owned vehicles, there are often multiple parties who may be held accountable for a semi-truck accident, including the trucker’s employer, the manufacturer, the company responsible for loading and securing cargo, and the trucker themselves. In today’s freight industry, trucking companies may also use third-party logistics providers or independent contractors, making it even more challenging to determine who is responsible when something goes wrong.
This web of potential liability makes it even more critical to identify every party involved. For example, if a defective braking system contributed to the crash, the parts manufacturer could share in the liability. If the truck driver was under pressure to meet an unrealistic deadline, the employer's practices may come into question. The complexity of these layered responsibilities requires deep legal knowledge to untangle.
Because these policies can be worth millions, the insurance carrier for the trucking company will work aggressively to avoid liability, often by disputing fault or downplaying the severity of injuries.
Beware of Highly Experienced Adjusters Using Complex Tactics
Expect the insurance company to assign its most seasoned adjusters when there's a chance of a high-value claim. These adjusters use advanced strategies to minimize fault, shifting blame to the injured party—even when the motorist did nothing wrong.
You may receive a settlement offer while you’re still recovering in the hospital. They’ll tell you the offer is generous and time-limited, and that a lawsuit would drag on for years. Don’t fall for it.
They want you to walk away for less than what your case is worth. You’ll likely regret accepting that initial offer. These tactics are especially effective on injured victims who are unfamiliar with the claims process. Adjusters may ask seemingly innocent questions intended to elicit statements that reduce the value of your case. Having a lawyer speak on your behalf protects your legal rights and avoids costly missteps.
Different Regulations Apply to Commercial Vehicles
Commercial trucks are governed by the Federal Motor Carrier Safety Administration (FMCSA) and Department of Transportation. These big rigs cross state lines, meaning they’re subject to hundreds more regulations than passenger cars.
Trucking companies must follow strict rules regarding driver qualifications, weight limits, logbooks, hours of service, and vehicle maintenance. For instance, if a trucker fails to rest properly and causes an accident due to driver fatigue, the company can be held liable.
Truck drivers are also required to undergo regular medical exams and hold commercial driver's licenses with endorsements for specific types of vehicles. If a driver is found to be in violation of any of these standards at the time of the crash, it can dramatically strengthen your claim.
This web of regulations creates more opportunities to prove negligence—and more complexity in building a case.
More Severe Injuries and Greater Property Damage
A fully loaded semi-truck can weigh up to 80,000 pounds. When it collides head-on with a vehicle weighing just 3,000 pounds, the outcome can be catastrophic. Common results include back injuries, traumatic brain injuries, broken bones, and unfortunately, fatal crashes.
Truck accidents also often result in massive property damage, rollovers, and even vehicle fires. Many collisions involve blind spots or the need for the truck to swerve or brake suddenly due to changing road conditions or improper loading.
These types of crashes are not only traumatic but also expensive. Replacing a vehicle, repairing property, and managing long-term care can total hundreds of thousands of dollars. Having a personal injury attorney who understands how to assign value to both economic and non-economic damages is essential.
The Evidence Can Be More Complex
One of the most important aspects of a successful truck accident claim is preserving key evidence. In addition to typical evidence like photos and witness statements, truck crash cases may involve:
- Dashcam footage from the vehicle or surrounding motorists
- Black box data from the truck
- Logbooks showing hours driven
- Maintenance records
- Cargo loading reports
This highly technical evidence often requires expert analysis, which is why it’s critical to work with a legal team that has experience handling these kinds of motor vehicle accidents. Most commercial trucks are equipped with electronic logging devices (ELDs) and event data recorders (EDRs), which can capture critical data such as speed, braking, driver hours, and crash dynamics. Preserving this information quickly can make or break a claim.
Additionally, this evidence can disappear quickly. Trucking companies may attempt to erase or overwrite data. That’s why acting fast and sending a legal preservation letter is a key first step your attorney will take.
Higher Medical Bills and Longer Recovery
Because the injuries are often more severe, the medical costs in a trucking accident can be much higher. Longer hospital stays, advanced diagnostics, rehabilitation, and ongoing treatment add up quickly. Many victims miss work for weeks or even months, putting additional financial pressure on families.
Serious cases may involve spinal cord injuries, amputations, or permanent mobility limitations. Victims often require home modifications, mobility devices, and years of physical therapy. These future costs must be accurately projected and included in any settlement offer.
A skilled personal injury lawyer will know how to calculate both current and future medical costs, loss of income, and long-term impacts like disability or chronic pain. Your case evaluation should include all of these factors before any settlement is considered.
A Higher Likelihood of Death
According to the FMCSA, large truck crashes result in approximately 4,000 to 5,000 fatalities in the U.S. each year. These fatal crashes are more likely than those involving just passenger vehicles.
If you’ve lost a loved one due to a collision with a big rig, a wrongful death lawsuit can help secure compensation for funeral costs, lost income, and emotional suffering. More importantly, it holds negligent companies accountable and can help prevent future tragedies.
These cases also allow families to recover loss of consortium damages and loss of companionship, which can help bring a sense of closure and financial stability during an incredibly difficult time.
Filing Deadlines and Statute of Limitations
In Illinois, the statute of limitations for personal injury cases is generally two years from the date of the accident. If you don’t file in time, you may lose your right to pursue compensation, no matter how strong your case is. This is another reason to contact a lawyer as soon as possible after a crash.
Acting early also ensures your attorney can collect the strongest evidence and speak to witnesses while the details are still fresh. Don’t wait until critical proof has been lost.
What You Can Recover in a Truck Accident Claim
Depending on the details of your accident and injuries, compensation may include:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
- Wrongful death damages (in fatal cases)
Punitive damages may also be available in extreme cases where the trucking company acted with gross negligence, such as knowingly sending an unqualified driver on the road or ignoring serious safety violations.
Don’t Go Through This Alone
Most people have never been in a lawsuit before. That’s why hiring a lawyer who understands the nuances of truck accident cases makes all the difference. These cases involve regulations, commercial insurance policies, multiple parties, and specialized evidence.
At Palermo Law Group, we’re committed to protecting your rights and helping you recover the compensation you deserve. We offer a free consultation and complete case evaluation so you can get answers fast, and start moving forward.
Our legal team has handled countless trucking cases and understands the most common causes of these collisions—from blind spots and driver fatigue to overloaded trailers and poor road conditions. We know how to hold trucking companies and their insurers accountable.
Don’t be fooled by a lowball offer from the insurance company. Let us fight for you.
For a free consultation contact our law firm by calling (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.