Des Plaines Truck Accident Attorney

If you have been hurt in a truck accident near Des Plaines, you are dealing with something far more serious than a typical car crash. Commercial trucks weigh up to 80,000 pounds. When they collide with a passenger vehicle, the results can be devastating. Medical bills pile up fast, you may miss work for weeks or months, and the trucking company’s insurance team is already working against you. At Briskman Briskman & Greenberg, we understand what you are going through, and we are here to help you fight for the compensation you deserve.

Table of Contents

• Why Truck Accidents in Des Plaines Are So Dangerous
• Federal and Illinois Laws That Govern Truck Drivers
• Who Can Be Held Responsible After a Des Plaines Truck Crash
• What Damages Can You Recover in an Illinois Truck Accident Case
• How Briskman Briskman & Greenberg Can Help You After a Des Plaines Truck Accident
• FAQs About Des Plaines Truck Accident Cases

Why Truck Accidents in Des Plaines Are So Dangerous

Des Plaines sits at a major crossroads in the Chicago metropolitan area. Interstate 90, Interstate 294, and the Tri-State Tollway all run through or near the city. Tens of thousands of commercial trucks use these routes every single day, hauling freight to and from O’Hare International Airport, the nearby industrial parks along Mannheim Road, and distribution centers throughout the northwest suburbs. With that kind of traffic volume, accidents are not just possible. They are common.

The sheer size difference between a commercial truck and a passenger car makes these crashes especially dangerous. The general maximum weight limit for commercial motor vehicles is 80,000 pounds. When a vehicle that heavy hits a car, the occupants of that car absorb an enormous amount of force. Victims often suffer spinal cord injuries, traumatic brain injuries, broken bones, and internal organ damage. Some injuries do not show up right away, which is why you should see a doctor immediately after any truck crash, even if you feel okay.

The area around Des Plaines also sees heavy truck traffic on local roads like Lee Street, Oakton Street, and Rand Road. Trucks making tight turns, backing into loading docks, or merging onto busy highways create serious hazards for other drivers, cyclists, and pedestrians. If you have been injured on any of these roads, a skilled Chicago personal injury lawyer can help you understand your legal options.

In 2024, there were 303,913 crashes involving motor vehicles in Illinois. Injury crashes accounted for 20.8% of these crashes, while fatal crashes accounted for less than 1.0%. A significant number of those crashes involved large commercial trucks. The damage they cause is disproportionate to their share of the traffic, and victims deserve full and fair compensation.

Federal and Illinois Laws That Govern Truck Drivers

One of the most important things to know about truck accident cases is that commercial trucking is heavily regulated. Both federal and state laws set strict standards for truck drivers and the companies that employ them. When those standards are violated, the violation can be used as evidence of negligence in your case.

The Federal Motor Carrier Safety Administration (FMCSA), in cooperation with its partners and customers, strives to reduce crashes, injuries, and fatalities involving large trucks and buses. The FMCSA issues regulations covering everything from driver qualifications to vehicle maintenance. Under the Illinois Motor Carrier Safety Law, 625 ILCS 5/18b, Illinois has explicitly adopted the FMCSRs as state law. This means that truck drivers and companies must comply with those federal rules even when driving intrastate, within Illinois.

Some of the most important rules involve hours of service. To combat driver fatigue, truckers are limited in how long they can drive without rest. Property-carrying drivers can drive a maximum of 11 hours after 10 consecutive hours off duty, among other rules. If a driver violated these limits before your crash, that violation can be powerful evidence that the driver was fatigued and negligent.

Since 2020, all fleets must have electronic logging devices to log drivers’ hours of service. These devices create a digital record that your attorney can subpoena. At the end of every workday, drivers are required to complete a vehicle inspection report to check for wear and tear or serious damage. Before starting a long haul or route, a driver must inspect the vehicle and sign off on the previous inspection report. If a trucking company skipped these inspections and a mechanical failure caused your crash, they can be held liable.

Illinois law also requires drivers involved in crashes to stay at the scene. Under 625 ILCS 5/11-401, a driver involved in a crash resulting in personal injury or death must immediately stop and remain at the scene until legal requirements are fulfilled. Leaving the scene is a Class 4 felony, and if the crash resulted in a death, failing to report can be charged as a Class 1 felony. This law protects you and ensures accountability. An experienced truck accident lawyer knows how to use every available law and regulation to build your case.

Who Can Be Held Responsible After a Des Plaines Truck Crash

One of the biggest differences between truck accident cases and regular car accident cases is the number of potentially responsible parties. When a commercial truck causes a crash, liability may extend far beyond just the driver. Identifying every responsible party is critical to maximizing your recovery.

The truck driver is an obvious starting point. Driver error, fatigue, distracted driving, or impairment can all form the basis of a negligence claim. But the trucking company may be equally or more responsible. Companies can be liable for negligent hiring, failing to train drivers properly, pressuring drivers to skip rest breaks, or ignoring known mechanical problems.

If a defective truck part caused or contributed to the crash, the manufacturer of that part may also face liability. Under Illinois product liability law (735 ILCS 5/2-621), a product liability action can be brought against a manufacturer when a defective product causes injury or death. Cargo loaders, freight brokers, and third-party maintenance companies may also share responsibility depending on the facts of your case.

Illinois follows modified joint and several liability rules under 735 ILCS 5/2-1117. Under this law, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical expenses. Any defendant whose share of fault is 25% or greater is jointly and severally liable for all other damages as well. This means that even if one defendant cannot pay, others may be required to cover the full judgment. A knowledgeable truck accident lawyer will investigate all possible defendants to make sure nothing is left on the table.

If you were injured while working, the picture can get more complicated. Under the Illinois Workers’ Compensation Act (820 ILCS 305), injured workers may have rights under both workers’ compensation and a separate personal injury claim against the at-fault truck driver or company. Our team can help you sort through these overlapping rights to pursue every avenue of recovery available to you.

What Damages Can You Recover in an Illinois Truck Accident Case

After a serious truck accident near Des Plaines, your losses can add up quickly. Medical treatment alone can cost hundreds of thousands of dollars. If you are dealing with a spinal cord injury, traumatic brain injury, or permanent disability, those costs will continue for years. You deserve compensation that covers everything you have lost, not just your immediate medical bills.

In an Illinois personal injury case, you may be able to recover compensation for medical expenses, both past and future. This includes hospital stays, surgeries, physical therapy, prescription medications, and any assistive devices you need. You can also recover lost wages if your injuries kept you from working, and lost earning capacity if your injuries will affect your ability to work in the future.

Pain and suffering damages compensate you for the physical pain and emotional distress caused by the crash and your injuries. These are very real losses, and Illinois law recognizes them. If a loved one was killed in a truck crash, surviving family members may have a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180). Damages in a wrongful death case can include funeral and burial expenses, loss of financial support, and loss of companionship.

In some cases, punitive damages may be available if the truck driver or company acted with reckless disregard for the safety of others. For example, if a company knowingly put a driver with a suspended license on the road, or falsified safety inspection records, a court might award punitive damages to punish that conduct. Our truck accident lawyers will carefully evaluate your case to identify every category of damages that applies to your situation.

Illinois also has a statute of limitations for personal injury claims. Generally, you have two years from the date of the accident to file a lawsuit. For property damage claims, 735 ILCS 5/13-205 provides a five-year limitation period. Do not wait. Evidence disappears, witnesses forget details, and electronic logging device data can be overwritten. The sooner you contact an attorney, the better your chances of building a strong case.

How Briskman Briskman & Greenberg Can Help You After a Des Plaines Truck Accident

At Briskman Briskman & Greenberg, we have spent years helping injured people and their families across the Chicago area, including communities like Des Plaines, Park Ridge, Rosemont, and beyond. We know what it takes to go up against large trucking companies and their insurers. These companies have experienced legal teams working for them from day one. You need someone in your corner who knows the law, knows the tactics these companies use, and is ready to fight for you.

When you come to us after a truck accident, we start by conducting a thorough investigation. We gather the truck’s electronic logging device data, black box records, maintenance logs, and driver qualification files. We work with accident reconstruction experts when needed. We interview witnesses and document the scene. Our goal is to build the strongest possible case before we ever sit down with an insurance adjuster.

We handle truck accident cases on a contingency fee basis. That means you pay nothing unless we recover compensation for you. There are no upfront costs and no hourly fees. You can focus on healing while we handle the legal work. Our truck accident attorney team is available to answer your questions and keep you informed every step of the way.

We are proud to serve clients throughout the Chicago metropolitan area, from the northwest suburbs near O’Hare and the Des Plaines River to communities along the lakefront and the south side. Whether your crash happened on I-90 near the Balmoral Avenue exit, on Mannheim Road near the Allstate Arena, or anywhere else in Cook County, we are ready to help. Our firm also serves clients in surrounding counties, and our truck accident lawyers are available across Illinois.

If you or someone you love was injured in a truck accident in or near Des Plaines, do not wait to get legal help. Contact Briskman Briskman & Greenberg today for a free consultation. We will review your case, explain your rights, and tell you honestly what we think your case is worth. There is no obligation, and no pressure. We are here to help.

FAQs About Des Plaines Truck Accident Cases

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

In most cases, Illinois gives you two years from the date of the accident to file a personal injury lawsuit. If you are filing a property damage claim, the deadline is five years under 735 ILCS 5/13-205. Missing these deadlines can bar you from recovering anything, so it is important to contact an attorney as soon as possible after your crash.

Can I sue the trucking company, not just the driver?

Yes. In many truck accident cases, the trucking company shares liability with the driver. Companies can be held responsible for negligent hiring, inadequate training, failure to maintain vehicles, and pressuring drivers to violate hours of service rules. Illinois law also allows you to pursue multiple defendants under the joint and several liability rules in 735 ILCS 5/2-1117, which can increase your chances of recovering full compensation.

What if I was partially at fault for the crash?

Illinois follows a modified comparative fault rule. You can still recover damages even if you were partly at fault, as long as your share of fault is less than 51%. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages totaled $100,000, you would recover $80,000. An attorney can help you minimize any fault attributed to you during negotiations or at trial.

What evidence is most important in a Des Plaines truck accident case?

Some of the most valuable evidence includes the truck’s electronic logging device data, black box records, driver qualification files, maintenance and inspection logs, dashcam footage, police reports, and witness statements. Trucking companies are required by federal law to preserve certain records after a crash, but some data can be overwritten quickly. Contacting an attorney right away helps ensure that critical evidence is preserved before it disappears.

How much does it cost to hire a truck accident attorney at Briskman Briskman & Greenberg?

Briskman Briskman & Greenberg handles truck accident cases on a contingency fee basis. You pay nothing upfront and nothing out of pocket during your case. Attorney fees are only collected if we recover compensation for you. This means you can get experienced legal representation without any financial risk, regardless of your current financial situation.

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