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Statute of Limitations for Illinois Commercial Truck Accidents

Written by Jared Staver

Read Jared's Bio

Jared Staver is a Personal Injury Lawyer based in Chicago, Illinois and has been practicing law for over 20 years.

Jared Staver

CATEGORY: Auto Accidents, Personal Injury, Truck Accidents


The days, weeks, and months after a commercial truck accident bring with them a litany of questions: Who was at fault? What were the full extent of your injuries? What kind of property damage may have occurred due to the accident? And who’s going to cover those expenses?

It is important for these questions to be examined and answered quickly, as the statute of limitations in Illinois may hinder a driver’s ability to seek proper compensation in the wake of a devastating accident.

Luckily, our Illinois truck accident attorneys can advise on the statute of limitations and offer advice on how to proceed with a claim or lawsuit. We will review all facts of your case, fully investigate the collision, and discuss the best options for proceeding.

What are the statute of limitations following a commercial truck accident?

Following an accident, you may have insurance companies, aggressive attorneys, and others advising you on how to proceed and pressuring you into an outcome with which you aren’t comfortable.

But the Illinois statute of limitations gives you deadlines for deciding on how to proceed with an injury, wrongful death, or property claim.

Here’s a broad overview of those limitations:

  • Personal injuries: Claim negotiations must begin (or a lawsuit must be filed) within two years of an accident. Note: These don’t have to finish within the two-year period; many lawsuits take months or years, so the statute of limitations only apply to when these actions must be initiated.
  • Wrongful death: Given the size of Chicago commercial vehicles and dangerous conditions in which collisions occur, wrongful deaths are tragic and far too common. In the event of a wrongful death, a loved one has one year after the death or two years after the accident to pursue a claim or file a lawsuit.
  • Property damage: If a driver is seeking property damages, typically when their vehicle has been harmed or destroyed by an accident, they have five years to pursue this course of action.

Are there exceptions?

Yes, there are exceptions to the aforementioned statutes in certain cases. Those may include:

  • Discovery rule: It may sometimes take months or years for the full extent of one’s injuries to be discovered after an accident; if an injury caused by an accident is discovered after the two-year window, the victim may be eligible to take action. This becomes difficult, however, when a driver has to prove the injury was a direct result of the accident and not outside circumstances.
  • Military members: A military member does not have to count time spent on active duty toward their two-year limit.
  • Out-of-state travel: If the other party leaves Illinois after an accident or collision, that time may be extended by the amount of time they’re out of the state.

How Our Illinois Commercial Truck Accidents Lawyers Can Help You

If you have been involved in an Illinois commercial truck accident, you should seek an attorney as soon as possible. Once a collision occurs, the clock is ticking to take action; the longer you wait, the more difficult it may be to recover records, hold the responsible party accountable, and receive proper compensation.

An attorney with Staver Accident Injury Lawyers, P.C. can help you understand your rights and responsibilities following a collision; offer advice on how to proceed with commercial truck drivers, motor carriers, insurance companies, and other attorneys; and advocate on your behalf. We fully understand the statute of limitations in Illinois and will work with you to determine the best course of action.

Our firm is here to help. Contact us today for a complimentary consultation and thorough review of your case from our staff of professional Illinois commercial truck accidents attorneys a (312) 236-2900.

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(312) 236-2900
(312) 236-2900
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