Truck accidents are different from ordinary car accidents. Because commercial trucks are larger, heavier, and often traveling with freight or passengers, collisions with big rigs, delivery trucks, or tractor-trailers can cause catastrophic injuries, complicated insurance issues, and multiple potentially liable parties. Cook County is one of Illinois’ busiest driving regions. Data shows that Cook County accounted for a large share of crashes, injuries, and fatalities, making it especially important for victims to know the right steps to protect health and legal rights after a crash.
First priorities at the scene (safety and medical care)
Your top priorities after any crash are safety and medical care. Move to a safe place if you can; turn on hazard lights and use cones or flares if available. Call 911 immediately if anyone is injured, EMS will not only provide urgent care but will document injuries that later prove critical for an insurance claim or lawsuit. Even if pain seems minor at the scene, some injuries (concussions, internal bleeding, soft-tissue injuries) don’t appear right away; get evaluated by EMS or at an emergency room.
Quick checklist at the scene:
- Call 911 and request an ambulance if anyone is hurt.
- Follow EMS instructions; do not refuse transport if a medic recommends it.
- If it’s safe, take photos of vehicles, license plates, skid marks, debris, and visible injuries.
- Get names and contact information for other drivers, passengers, and witnesses.
- Note the truck’s markings (carrier name, USDOT/MC number on the door), trailer numbers, and plate. Commercial trucks usually display the carrier’s identity somewhere on the vehicle.
Why documenting the truck and its operator matters
Truck crashes often involve more than one potentially responsible party: the truck driver, the trucking company, the vehicle owner/lessor, the cargo loader, maintenance shops, or even parts manufacturers. Those different potential defendants mean different insurance policies, different claims deadlines, and different evidence to preserve. For example, the trucking company may have onboard telematics, hours-of-service (HOS) logs, driver qualification files, and maintenance records, all of which can disappear or be altered if not preserved quickly. The USDOT/FMCSA maintains databases and rules that make carrier records especially valuable in a claim.
Reporting requirements in Illinois (what the law requires)
Illinois law requires drivers to report crashes that cause injury, death, or property damage over certain dollar thresholds. Under the Illinois Vehicle Code and state crash-report rules, a written report is required when the crash results in injury or death or when property damage to any person exceeds $1,500 (that threshold is $500 if an uninsured vehicle is involved). If a police officer investigates, they normally file the SR-1050 crash report with the state, if no officer comes to the scene, drivers must file with state police within 10 days. These reports form an official crash record used by insurers and experienced Cook County truck crash lawyers.
Practical steps:
- Ask the responding officer for the report number and agency contact info.
- If an officer does not respond, file the required report online with Illinois State Police within the statutory deadline.
Preserve evidence immediately (time is critical)
A strong truck-accident case depends on early preservation of evidence. Trucking companies can and do delete data, dispatch new drivers, or have maintenance done immediately after a crash. Steps to preserve evidence:
- Request that the responding officer note the truck’s USDOT/MC number and carrier name in the police report.
- Ask the carrier (or the trucking company via its insurance adjuster) to preserve the tractor/trailer, ELD (electronic logging device) and telematics data, and camera footage. Send a written preservation demand if possible.
- Take and save photos and video from your phone of the scene, vehicle damage, and injuries.
- Get witness names and encourage them to preserve video from dashcams or nearby surveillance cameras.
- Seek an attorney quickly who will issue preservation letters to carriers, repair shops, and third parties to stop spoliation.
Common 18-wheeler accident causes and what that means for your claim
Large-truck collisions are frequently caused by driver fatigue, hours-of-service violations, overloaded or improperly loaded cargo, poor maintenance (brake or tire failure), distracted driving, or driver inexperience. Because FMCSA rules govern carrier operations (driver hiring, training, vehicle maintenance, HOS logs), proof of a regulatory violation can be decisive evidence of negligence in court. FMCSA and NHTSA data show that large-truck and bus crashes remain a significant contributor to roadway fatalities nationally.
Examples of potentially important records:
- ELD and logbook entries (hours on duty).
- Drug and alcohol testing results, pre-hire screening records.
- Maintenance and inspection records for the tractor/trailer.
- Cargo manifests and load-securement documents.
- Driver qualification files and training records.
Insurance realities after a truck crash
Commercial trucks generally carry higher limits of liability than private passenger cars, but carriers and insurers also deploy experienced adjusters and defense counsel quickly. Typical insurance sources in a truck crash case include:
- The truck owner/operator’s primary liability policy (often high-limit).
- A motor carrier’s umbrella or excess policies.
- A leasing company’s or vehicle owner’s insurance (if different from the operator).
- Your own uninsured/underinsured motorist (UIM) coverage if the carrier’s policy is insufficient or coverage is disputed.
Do not give a recorded statement to the trucker’s insurer without consulting an attorney, defense insurers often use recorded statements to limit claims. Instead, provide facts to responding officers and your own insurer, then get legal advice.
Medical care and tracking damages
For serious and less serious injuries alike, follow-up care matters. Keep all medical records, receipts, and notes about how your injuries limit daily activities. Document lost wages, childcare costs, transportation to medical appointments, and any needed home modifications. The more complete your medical and economic documentation, the better your claim for current and future damages.
Common injuries in truck crashes:
- Traumatic brain injury (TBI) and concussion.
- Spinal cord and neck injuries.
- Multiple fractures and orthopedic injuries.
- Internal organ damage.
- PTSD and psychological injuries.
When to call a Chicago Truck Accident Attorney
Call an experienced truck-accident lawyer as soon as possible if:
- You or a family member suffered serious or disabling injuries.
- Fault is disputed or the truck driver’s employer is trying to limit or deny responsibility.
- You suspect the trucking company will destroy records or the carrier is slow to respond with information.
- Multiple parties may share liability (carrier, shipper, mechanic, truck owner).
A lawyer will coordinate preservation letters, investigative experts (accident reconstruction, human factors), obtain ELD/telematics and maintenance files, negotiate with high-value insurers, and if necessary, file suit within Illinois’ statute of limitations. Prompt lawyer involvement also improves the chances of preserving perishable evidence and witness memories.
Practical checklist: actions to take in the days after the crash
- If you haven’t already, get proper medical care and follow all treatment recommendations.
- Preserve evidence: keep your phone, photos, and any damaged clothing.
- Obtain the police report number and request a copy when available.
- Write down everything you remember about the crash while it’s fresh.
- Make a list of witnesses and their contact info.
- Send a written preservation request (or have your attorney send one) to the carrier and truck owner for ELD/telematics, video, and maintenance logs.
- Notify your insurer, but do not give recorded statements to the other side without counsel.
- Track expenses, time missed from work, and out-of-pocket costs.
- Contact a Cook County truck-accident lawyer for a free consultation, the right attorney will act fast to secure evidence that can vanish within days.
Frequently asked legal questions after a truck crash
- How long do I have to file a claim? Illinois’ statute of limitations for personal injury is generally two years from the date of the injury, but claims against public entities or special defendants may have different and shorter deadlines. Early action preserves rights.
- Can I still recover if I was partially at fault? Illinois follows modified comparative negligence: you can recover damages as long as you are not more than 50% at fault. Your recovery is reduced by your percentage of fault.
- What if the truck driver was working for a company? Employers can be vicariously liable for their employees’ negligence, and the employer’s insurance is often the primary source of recovery.
- Should I accept the first settlement offer? Insurance companies commonly make quick lowball offers. Consult an attorney before accepting anything to ensure it fairly covers past and future medical care, lost earnings, and non-economic damages.
Contact the Seasoned Chicago Truck Accident Lawyers at John J. Malm & Associates
A truck accident in Cook County can change your life in an instant. Between serious injuries, medical bills, and dealing with trucking companies and their insurers, it’s easy to feel overwhelmed. You don’t have to go through it alone. At John J. Malm & Associates, our experienced Chicago truck accident attorneys know how to investigate complex crashes, preserve critical evidence, and fight for the full compensation our clients deserve. If you or a loved one has been injured in a truck accident, call our firm today for a free consultation. We are ready to stand by your side and help you move forward with confidence.