Updated: Mar 8, 2024, 2:42am
Chicago may be the Windy City, but as anyone who has driven on its highways knows, it sometimes seems like the trucking capital of the world. When you have that many large vehicles on the road, accidents happen. But trucking accidents aren’t the same as car accidents—they’re subject to different laws and regulations, and they can often cause huge amounts of damage.
Here are our picks for the best truck accident lawyers in Chicago. Don’t trust your case to a random attorney. Instead, check out the ten lawyers listed below.
Best Truck Accident Lawyers in Chicago
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Trucking Laws and Regulations in Illinois
In the United States, we rely on large interstate vehicles to transport goods and materials. These trucks have their own rules and regulations, which are generally more stringent than the requirements for passenger vehicles. If you’ve been in an accident involving a truck, here are some things you need to know.
Two Sets of Regulations
Large trucks are regulated both at the state level and at the federal level. Drivers who work only within the borders of Illinois (such as garbage truck drivers or bus drivers) are required to follow Illinois in-state trucking laws. Drivers who cross the Illinois border are subject to both Illinois laws and the regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA regulations are generally more stringent than the state requirements.
Illinois Trucking Regulations
- Drivers must be at least 18 and hold a commercial driver’s license.
- Routes are divided into classes in Illinois. Each class has its own regulations and restrictions in regard to speed and length of the vehicle. Class 1 routes are interstates, Class 2 routes are generally highways, and Class 3 routes are local roads.
- The blood alcohol level limit of .04% for drivers of commercial vehicles is lower than the limit for drivers of passenger cars, which is .08%.
FMCSA Trucking Regulations
- Drivers must be at least 21 and hold a commercial driver’s license.
- Drivers must hold a commercial driver’s license (CDL).
- Stringent drug and alcohol restrictions, including random testing of drivers.
- Drivers can only drive a maximum of 11 hours before they are required to have at least 10 hours off, in addition to other restrictions on driving time. This may be enforced by the use of an electronic logging device or ELD.
- Drivers are responsible for inspecting their vehicles for safety during each shift.
Statute of Limitations
The statute of limitations for personal injury in Illinois (including truck accidents) is two years from the date of the accident. If you’ve been injured, speak to a lawyer as soon as possible.
Determination of Fault
Illinois is considered an “at-fault” (or tort) state. That means that, in the case of an accident, the damage is paid for by the party at fault. Illinois uses a comparative modified negligence system, which means that the actions of both parties are taken into account. If a driver is deemed 30% responsible for an accident, they can recover 70% of the cost of the damage; if they are deemed 10% responsible, they can recover 90% of the cost of the damage.
However, if a driver is 51% or more responsible for an accident, no damages can be recovered.
Special Considerations in a Truck Accident
Commercial trucks aren’t just bigger versions of passenger cars, and accidents involving them have unique considerations that must be taken into account.
- As mentioned above, drivers are only allowed to drive for a certain amount of time in any given day and any given week. If the driver was working outside those limits, it may work in favor of the other vehicle involved in the accident.
- Drivers are responsible for inspecting their trucks and reporting or fixing any damage. If this inspection isn’t performed, it can lead to an unsafe vehicle.
- The stopping distance for large trucks is much longer than for passenger vehicles, so drivers have a responsibility to drive defensively and give themselves adequate time to stop.
- Since trucking accidents are often more catastrophic, they can have higher settlement amounts and verdicts than passenger car accidents (of course, this depends on a number of factors and isn’t true for every truck accident).
How to Find a Truck Accident Lawyer in Chicago
It’s not difficult to find a truck accident attorney in Chicago. The challenging part is finding the right attorney for your circumstances.
Look for Referrals
Do you know anyone who has been in an accident recently? Ask who they used and whether they would recommend their lawyer to you.
Experience Matters
Every truck accident attorney has their own areas of experience. Someone who focuses on medical malpractice might not be the right person to represent you in an automobile accident case. Lawyers who have experience with trucking accidents aren’t always easy to find, but it will be worth the effort. Make sure you ask any potential attorneys specifically about cases involving large trucks.
Fees Can Vary
Truck accident lawyers rarely work on an hourly or set-price basis. Instead, they typically receive a portion of any money recovered. This means that you may not have any upfront costs, but that doesn’t mean you shouldn’t consider the fees you’ll be charged.
Most injury lawyers in Chicago charge around 33%. In fact, for medical malpractice, the amount that can be charged is actually capped at 33%. So if you have an attorney with a much higher fee structure, you should consider whether they are worth the additional money.
Do They Have Litigation Experience?
The vast majority of personal injury cases never go to trial. Instead, a settlement deal is worked out beforehand. However, it’s impossible to predict which cases will wind up in the courtroom. It’s best to choose someone who is comfortable going to court so you’re prepared for that possibility.
Ask Questions
The right attorney for you won’t have any problem answering all the questions you might have. If you get a sense that you’re bothering them, then the fit isn’t right. There are lots of lawyers out there, and each has their own strengths. Make sure you find someone with whom you’re comfortable working.
Methodology
To come up with the Best Truck Accident Lawyers in Chicago in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions
Are there caps on how much I can recover from a Chicago accident?
Chicago (and Illinois in general) does not have a cap on the amount of damages you can recover. It’s possible to recover both economic damages (that is, actual costs for your healthcare and projections for your future healthcare costs) and non-economic damage (pain and suffering).
Are truck accident awards higher than car accident awards?
It’s impossible to generalize because each accident has its own unique circumstances that are taken into account when an award is made. However, since commercial trucks are so much larger than passenger cars, they may wind up doing more damage in an accident. The amount you receive as an award or a settlement is largely dependent on how much damage was caused.