After a truck accident, your first job is simple: take care of your health. Even if you feel okay, see a doctor as soon as possible. Some serious injuries, like internal bleeding or a brain injury, don’t show symptoms right away, but can turn life-threatening without treatment.
Once your immediate medical needs are addressed, the next steps happen at home. Let your insurance company know about the crash. Start collecting every document tied to the accident: photos, receipts, medical records, and anything you were given at the scene.
Truck accident claims don’t follow the same rules as car accidents. The stakes are higher. The legal process involves federal regulations, corporate insurers, and layers of liability that all have to be unraveled. One wrong move early on, like missing a piece of evidence or saying the wrong thing to an adjuster, can limit what you’re able to recover.
If you’re unsure about what to do next, or just want someone to walk you through it step by step, call Dihle Law Firm at (618) 326-5520. We’ll explain what matters now and what to avoid.
Key Takeaways for Illinois Truck Accident Claims
- Seek immediate medical care. Insurance companies use delays in treatment to argue that your injuries are not severe or are unrelated to the accident.
- Decline to give a recorded statement to the trucking company's insurer. Their goal is to gather information to minimize their financial liability, and anything you say is subject to misinterpretation.
- Preserve all evidence immediately. Key evidence, such as driver logs and vehicle data, is controlled by the trucking company and may be destroyed without a formal legal demand to preserve it.
Why Should You See a Doctor Even If You Feel Fine?
Hidden Injuries Are Common in High-Impact Collisions
The immense force of a collision with a large commercial truck causes injuries that are not immediately apparent. The adrenaline of the moment easily masks pain. Some of the most serious injuries may take hours or even days to reveal themselves.
For example, symptoms of a traumatic brain injury (TBI), like headaches, confusion, or memory problems, are subtle at first and might be dismissed as stress from the accident. Whiplash, an injury to the soft tissues of the neck, frequently takes 24 to 48 hours for the characteristic pain and stiffness to flare up. The most dangerous hidden injuries, such as internal bleeding, are life-threatening yet present few initial outward signs.
How Gaps in Medical Treatment Harm Your Claim
From an insurance company's perspective, a delay in seeking medical attention creates doubt. If you wait days or weeks to see a doctor, their attorneys will argue that your injuries must not have been serious. They might even suggest that your injuries were caused by something else that happened in the time between the accident and your doctor's visit.
Create a Clear Medical Record
Seeing a doctor right away creates an official, time-stamped record that directly links your physical injuries to the truck accident. This medical documentation is a cornerstone of your claim.
- Do: Follow your doctor’s treatment plan exactly. This means attending every single follow-up appointment, going to all physical therapy sessions, and filling every prescription. This demonstrates that you took your health and recovery seriously.
- Don't: Stop your treatment just because you begin to feel a little better. Completing the entire prescribed course of care is the best way to support both your physical recovery and the integrity of your legal claim.
The Insurance Adjuster Called. What Should You Say?
It will not take long for an insurance adjuster from the trucking company to call you. Their job is to investigate the claim on behalf of their employer, and a friendly demeanor encourages you to let your guard down and talk freely.
The adjuster’s primary goal is to gather information that minimizes their company's financial responsibility for the accident. They will conduct a thorough investigation, looking for any statement or piece of evidence that suggests you were partly at fault.
Illinois uses a system of modified comparative negligence, which means if you are found to be partially responsible, the amount of compensation you recover is reduced by your percentage of fault. If you are found to be 50% or more at fault, you are barred from recovering compensation.
What to Do When They Call
Always let an attorney handle all communication with the trucking company's insurer. However, if they call before you have had a chance to seek legal counsel, here is what to keep in mind
Do:
- Politely decline to give a recorded statement. You are not under any legal obligation to provide one.
- Provide only your name, address, phone number, and confirm the date and location of the accident.
- State that your health is your priority, you will be seeking a full medical evaluation, and that you will not discuss the details further at this time.
Don’t:
- Do not discuss your injuries, even if they seem minor. Saying "my neck is just a little sore" is used later to downplay a more serious diagnosis.
- Do not guess or speculate about speed, distance, or other details of the accident.
- Do not accept any initial settlement offer. These early offers are almost always far less than the true value of your claim.
Frequently Asked Questions After a Truck Accident
How long do I have to file a truck accident lawsuit in Illinois?
In almost all personal injury cases, the Illinois statute of limitations gives you two years from the date of the accident to file a lawsuit. While that may sound like a long time, the evidence-gathering and investigation process should begin immediately. Do not wait until the deadline is near.
What kind of compensation is available?
We pursue the maximum compensation available under the law for all damages you have suffered. This typically includes payment for current and future medical bills, lost wages from being unable to work, any reduction in your future earning capacity, property damage to your vehicle, and non-economic damages like pain and suffering.
The police report says I was partially at fault. Does that mean I cannot file a claim?
Not at all. A police report is an officer's initial assessment, but it is not the final word on liability. As mentioned earlier, Illinois law allows you to recover damages as long as a jury or court finds you were less than 50% at fault for the accident. We conduct our own independent investigation to build the strongest possible case and ensure blame is not unjustly put on you.
How much does it cost to hire the Dihle Law Firm?
We handle truck accident cases on a contingency fee basis. This is a common arrangement in personal injury law. Simply put, you do not pay us any attorney's fees unless and until we recover compensation for you. Our fee is a percentage of the final settlement or award.
What federal laws govern commercial truck drivers in Illinois?
Commercial truck drivers and trucking companies operate under federal safety standards called the Federal Motor Carrier Safety Regulations (FMCSRs). These rules cover nearly every aspect of trucking, including hours of service (how long a driver can operate a vehicle), mandatory maintenance, and driver qualifications. We examine the trucking company's compliance with every part of the FMCSRs to establish negligence.
Don’t Let the Trucking Company Dictate Your Recovery
The trucking company and its insurer have a team working to protect their interests. You deserve the same level of support. Our role is to handle the legal process so you focus entirely on your recovery.
Call us at (618) 326-5520 to talk about your accident and learn how we will help.