Illinois Truck Accident Attorney

Semi-truck on an Illinois interstate, the type of crash scene handled by Illinois truck accident lawyers at Mixan Mahony

If a semi-truck, 18-wheeler, or other commercial truck hurt you or killed someone you love anywhere in Illinois, an Illinois truck accident lawyer at Mixan Mahony, LLC can help you preserve evidence, find every responsible party, and pursue a claim before deadlines run. Most Illinois injury claims must be filed within two years, and claims against local public entities may have a one-year deadline. Consultations are free, and there is no attorney fee unless we recover for you.

Don’t Fight Commercial Truck Companies Alone

After a truck crash, trucking companies and their insurers often move quickly. They may call you, ask for a recorded statement, or offer a fast payment that does not reflect what you have lost. Their goal is to limit what they pay, not to make you whole. If you have been injured in a truck accident, talking with an Illinois truck accident lawyer early can help protect your claim.

An Illinois truck accident lawyer at Mixan Mahony, LLC can start your claim, contact the carrier and its insurer for you, and demand that critical truck data be preserved. We handle the communication so you can focus on recovering. Our team of Illinois truck accident lawyers at Mixan Mahony, LLC can guide you through each step of your case.

We lead with compassion. We will listen to what happened, answer your questions in plain English, and explain your options during a free consultation with no obligation.

Truck Accidents We Help Navigate

Fatigue, distraction, speeding, overloaded trailers, and poor maintenance are common causes of serious truck crashes on Illinois freight corridors such as I-55, I-80, I-90/94, I-294, I-57, I-74, and I-88. Whether you were hurt in a hit-and-run, a rear-end collision, or a crash you never saw coming, we can review what happened.

Insurers often downplay pain and suffering, long-term pain, and emotional injuries such as PTSD. Our Illinois truck accident lawyers can support your family in pursuing a wrongful death claim if you lost a loved one in a truck crash. Learn more about Illinois wrongful death claims.

Illinois truck accident lawyer reviewing a semi-truck crash scene on an Illinois highway

Contact us for compassionate legal support with the following accident types:

Distracted Driving

Texting & Driving

Speeding

Drunk or Impaired Driving

Driver Fatigue & Hours-of-Service Violations

Improper Loading & Cargo

Poor Maintenance & Brake Failure

Underride & Jackknife Crashes

Wide Turns & Blind Spots

Who Can Be Liable for an Illinois Truck Crash?

Truck cases often involve more than one at-fault party, and each may carry separate insurance. Depending on the facts, responsible parties may include:

  • The truck driver
  • The motor carrier (trucking company) that hired, trained, and supervised the driver
  • A freight broker or shipper, depending on its role
  • The company that loaded or secured the cargo
  • A maintenance or repair company
  • The manufacturer of a defective truck, trailer, or part

Carriers must keep a driver qualification file for each driver under 49 CFR Part 391. That file can show whether the company hired or kept a driver it should not have. An Illinois truck accident lawyer can help you sort through the complex federal and state rules that apply to trucking companies.

Starting a Truck Accident Lawsuit in Illinois

Illinois truck accident attorney gathering black box data and crash records

Trucking companies often send investigators to a crash scene within hours. Some electronic data can be overwritten, and records may only be kept for limited periods, so acting quickly matters. An Illinois truck accident lawyer can work to collect vital evidence that may be lost if no one acts quickly.

A key early step is a preservation (spoliation) letter. It formally tells the carrier and others to keep the truck, its data, and its records. Destroying evidence after that notice can carry serious consequences in court. Consulting with an Illinois truck accident lawyer can help you understand why preserving evidence promptly matters. See if you have, or can help us obtain, the following crash records:

  • Police reports
  • Witness statements
  • Black box (ECM/event data recorder) data
  • Truck maintenance and inspection records
  • ELD and hours-of-service logs
  • Dashcam and nearby surveillance video
  • The driver qualification file
  • Drug and alcohol test results
  • Photos of the scene, vehicles, and your injuries

These records can reveal gaps in driver judgment and company safety practices. If you are missing any of them, don’t worry. Contact Mixan Mahony, LLC and we can work to obtain them.

What to Do After a Truck Crash

  1. Call 911 and get medical care right away, even if you feel okay.
  2. If you can do so safely, photograph the truck, its USDOT number, the scene, and your injuries.
  3. Get names and contact information for witnesses.
  4. Do not give a recorded statement to the trucking company’s insurer.
  5. Do not sign releases or accept a quick settlement.
  6. Talk with an Illinois truck accident lawyer about sending a preservation letter.

Illinois Truck Accident Laws and Deadlines

It’s important to talk with an Illinois truck accident lawyer who understands how Illinois law and federal trucking rules work together. Key Illinois rules include:

  • Personal injury deadline: Generally two years from the injury under 735 ILCS 5/13-202.
  • Wrongful death deadline: Generally two years after the death under 740 ILCS 180/2.
  • Government-owned trucks: Claims against local public entities, such as city-owned garbage or utility trucks, are generally subject to a one-year deadline under 745 ILCS 10/8-101.
  • Comparative fault: Under 735 ILCS 5/2-1116, you may recover if you were 50% or less at fault, but your damages are reduced by your share of fault. If you are found more than 50% at fault, you are barred from recovery.
  • Multiple defendants: Under 735 ILCS 5/2-1117, a defendant 25% or more at fault is jointly and severally liable. A defendant less than 25% at fault is severally liable for non-medical damages, but all defendants found liable are jointly and severally liable for medical expenses.
  • Punitive damages: Punitive damages are never automatic. They may be available only for willful and wanton conduct, and a request for them requires leave of court after a hearing under 735 ILCS 5/2-604.1. Since P.A. 103-514 (effective August 11, 2023), wrongful death claims may include punitive damages when applicable, but not against the State or local government or in healing art or legal malpractice cases.

Damages You May Be Able to Recover

Depending on the facts, damages may include medical bills and future care, lost wages and lost earning capacity, property damage, pain and suffering, emotional distress, disability and disfigurement, and, in fatal cases, wrongful death damages for the family. For serious injuries from a truck crash, an Illinois truck accident lawyer can help document your losses and pursue the damages Illinois law allows. If you were hurt on the job, you may also have a work injury claim alongside a third-party truck claim.

Why an Illinois Truck Accident Lawyer Is Key in Your Case

Illinois truck accident lawyer meeting with an injured client about a semi-truck accident case

Truck cases involve federal safety rules, corporate insurers, and multiple parties. An Illinois truck accident lawyer can help you understand your rights and the legal process after a crash. We shape your claim around the evidence and seek compensation for medical expenses, property damage, lost wages, and the pain the crash caused.

From Chicago and its suburbs to downstate communities, we listen first and keep you informed at every step. An Illinois truck accident lawyer can advocate for your rights and help you pursue the damages you are owed under the law. You can also learn more about our Illinois personal injury representation, car accident claims, and rideshare accident claims.

Illinois residents choose us to be their resource for auto and truck accident claims because we:
  • Investigate the crash and secure key evidence
  • Identify all responsible parties
  • Handle all insurance and legal negotiations
  • Document every category of loss to support your claim
  • Represent you in court if needed

From our Chicago office, we represent truck crash victims throughout Illinois, including Cook, DuPage, Kane, Lake, Will, McHenry, Winnebago, Sangamon, Peoria, and Champaign counties. Families across Illinois turn to our Illinois truck accident lawyers for clear guidance and support after a crash.

Here’s a full list of our legal services in and around your area:
  • Chicago truck accident lawyer
  • Aurora truck accident lawyer
  • Naperville truck accident lawyer
  • Joliet truck accident lawyer
  • Rockford truck accident lawyer
  • Springfield truck accident lawyer
  • Elgin truck accident lawyer
  • Peoria truck accident lawyer
  • Champaign truck accident lawyer
  • Waukegan truck accident lawyer

Meet the Partners

Mixan Mahony, LLC was founded by Colleen Mixan Mikaitis and Mackenzie J. Mahony. They personally guide clients through truck accident claims across Illinois. We put your needs first and work hard as your Illinois truck accident lawyer to hold the responsible parties accountable.

Talk With an Illinois Truck Accident Lawyer Today

If a truck crash on an Illinois highway or city street has turned your life upside down, you don’t have to face the trucking company alone. Get in touch with an Illinois truck accident lawyer to discuss your case and talk through your next steps. Call (312) 262-3971 or contact Mixan Mahony, LLC for a free consultation. There is no attorney fee unless we recover for you. Case costs and expenses are explained in writing in our fee agreement.

Mixan Mahony, LLC
444 W. Lake St., Suite 1707, Chicago, IL 60606
(312) 262-3971
Get directions to our Chicago office

You can review some of our past results. Past results do not guarantee future outcomes.

Illinois Truck Accident FAQs

How long do I have to file a truck accident lawsuit in Illinois?

Most Illinois personal injury claims must be filed within two years of the crash. Wrongful death claims generally must be filed within two years of the death. Claims against local public entities may have a one-year deadline.

Who can be held responsible for a truck accident?

Depending on the facts, the driver, the trucking company, a broker or shipper, a cargo loader, a maintenance company, or a parts manufacturer may share responsibility.

Can I recover if I was partly at fault?

Yes, if you were 50% or less at fault. Illinois reduces your damages by your percentage of fault, and you are barred from recovery if you are more than 50% at fault.

What is truck black box data?

Many trucks have an engine control module that can record speed, braking, and other data. Along with ELD logs and GPS records, it can help show what happened before a crash.

What is a spoliation or preservation letter?

It is a formal written notice telling the trucking company and others to preserve the truck, its electronic data, and related records so evidence is not lost or destroyed.

Should I talk to the trucking company’s insurance adjuster?

You are not required to give a recorded statement to the other side’s insurer. It is wise to speak with a lawyer before giving any statement or signing any document.

Are punitive damages available in Illinois truck accident cases?

Punitive damages are never automatic. They may be available only for willful and wanton conduct, and the court must grant permission after a hearing before they can be requested. Since 2023, they may be available in Illinois wrongful death cases when applicable, but not against the State or local governments or in medical or legal malpractice cases.

How much does it cost to hire Mixan Mahony, LLC?

Consultations are free, and there is no attorney fee unless we recover for you. Case costs and expenses are explained in writing in our fee agreement.

Do you handle truck accident cases outside Chicago?

Yes. From our Chicago office, we represent truck crash victims throughout Illinois, including Aurora, Naperville, Joliet, Rockford, Springfield, Elgin, Peoria, Champaign, and Waukegan.

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