All Laws Decoded

Truck Accident Claims in Illinois

The safety and insurance rules for trucks in Illinois, how fault is shared, any limits on damages, and the deadline to sue.

Short answer: Illinois adopts by reference the main federal motor carrier rules for the carriers its trucking chapter covers, including Part 387 (minimum financial responsibility), Part 391 (driver qualifications), Part 392 (driving rules), Part 393 (equipment), Part 395 (hours of service, with an… 625 ILCS 5/18b-105

Truck safety and insurance rulesIllinois adopts by reference the main federal motor carrier rules for the carriers its trucking chapter covers, including Part 387 (minimum financial responsibility), Part 391 (driver qualifications), Part 392 (driving rules), Part 393 (equipment), Part 395 (hours of service, with an Illinois exception in Section 18b-106.1) and Part 396 (inspection and maintenance), with listed exceptions for some intrastate carriers.
Read on ilga.gov on 2026-10-28.
Fault rule (comparative negligence)Modified comparative fault (51% bar). In negligence and strict product liability cases for bodily injury, death or property damage, a plaintiff whose fault is more than 50% of the cause recovers nothing. A plaintiff whose fault is 50% or less recovers damages reduced by his or her share of fault. No fault may be attributed to a plaintiff suing over childhood sexual abuse.
Deadline to sue for an injuryA lawsuit for injury to the person (and for false imprisonment or malicious prosecution) must be filed within 2 years after the cause of action accrued. Claims for damages from first degree murder or a Class X felony, where the perpetrator is convicted, are excluded from this limit.

More Illinois personal injury & wrongful death

FAQ

What safety and insurance rules apply to trucks in Illinois?
Illinois adopts by reference the main federal motor carrier rules for the carriers its trucking chapter covers, including Part 387 (minimum financial responsibility), Part 391 (driver qualifications), Part 392 (driving rules), Part 393 (equipment), Part 395 (hours of service, with an Illinois exception in Section 18b-106.1) and Part 396 (inspection and maintenance), with listed exceptions for some intrastate carriers.
Can you recover damages if you were partly at fault in Illinois?
Modified comparative fault (51% bar). In negligence and strict product liability cases for bodily injury, death or property damage, a plaintiff whose fault is more than 50% of the cause recovers nothing. A plaintiff whose fault is 50% or less recovers damages reduced by his or her share of fault. No fault may be attributed to a plaintiff suing over childhood sexual abuse.
What is the statute of limitations for personal injury in Illinois?
A lawsuit for injury to the person (and for false imprisonment or malicious prosecution) must be filed within 2 years after the cause of action accrued. Claims for damages from first degree murder or a Class X felony, where the perpetrator is convicted, are excluded from this limit.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.