In Illinois, the statute of limitations for truck accident claims is two years after the accident date. Making a fast connection with an Arlington Heights truck accident lawyer is the way to make sure your attorney has time to investigate your situation and file against the appropriate party within that timeline.
Why there is a Statute of Limitations for Truck Accident Claims
All states impose a statute of limitations for filing injury claims. The legal deadlines are designed to support fairness for victims, defendants, and the courts. Victims have the right to seek compensation for the damages that someone else’s negligence causes them.
However, defendants also have the right to see the case against them resolved efficiently, so they are not under a continuous threat of a lawsuit. The two-year statute of limitations helps prevent cases from clogging the court system. Without a deadline, there could be a non-stop pileup of cases, both old and new.
A just outcome is also more likely when cases are dealt with closely after the truck accident in question. Evidence is more available soon after the event and can easily get lost or destroyed as time passes.
Both victims and defendants rely on evidence to prove their claims, and working within the statute of limitations offers both sides the best chance of securing it.
Circumstances Allowing for a Statute of Limitations Extension
While the Illinois Compiled Statutes (ILCS) allows two years for filing most truck accident or other injury claims, there are times when the deadline may be extended.
In legal terms, the statute of limitations is “tolled” in these cases. Per ILCS (735 ILCS 5/13-214.3), the statute of limitations for a truck accident may be tolled when:
- The injuries sustained in the accident are not immediately apparent to the victim. The legal timer may not officially start ticking until the time the victim “knew or should have known” of the injury
- The victim is a minor. The legal clock starts when the victim reaches the age of majority
- The victim has a legal disability. The timer starts when that disability is removed.
Tolling may also be warranted if:
- The defendant is in the military. The statute may be tolled until their duty ends, per 20 ILCS 1805/30.25
- The defendant flees. The clock starts once the person is located, per 735 ILCS 5/13-208
Tolling is an exception. It is not the typical “rule” applied to the statute of limitations. Still, if you think you have missed the deadline, do not decide you have no hope for justice without first consulting with a truck accident lawyer in Arlington Heights.
When a Statute of Limitations for a Truck Accident May Be Shortened
Some circumstances actually shrink the statute of limitations for truck accident claims. For example, victims involved in garbage truck accidents may need to file a claim against a local government or government employee.
Per 745 ILCS 10, claims against a local government entity must be filed within one year. Other special procedures often come with these cases, too.
A one-year statute of limitations also exists for claims filed under Illinois’ Dram Shop Law, 235 ILCS 5/6-21. In these cases, victims file against an establishment that served or sold alcohol to a person who became intoxicated and then harmed the victim as a result of their intoxication.
Federal law forbids truckers from drinking in the hours before or during their shifts. If a drunk truck driver causes your accident, you may have grounds to file against several parties, though different statutes of limitations may apply. An experienced attorney can determine all possibilities and help you fight for maximum compensation.
The Importance of Filing within the Statute of Limitations
Filing within the statute of limitations is a crucial initial step when building a truck accident claim. It preserves your right to a trial. Many cases settle through out-of-court negotiations, and our team will fight for this outcome. Successful negotiations avoid a lengthy trial and get you your settlement money more quickly.
Some cases necessitate a trial fight. The other side might not make a fair offer. They could refuse to show up for scheduled negotiation sessions. They may make unfair accusations of fault against you or otherwise slow down the process, hoping you settle for less out of sheer frustration.
When you file on time, you protect your right to take your case to court, and our team will be ready to fight for you at every proceeding. Prompt filing can even help negotiations.
It lets the other side know that you have the ammunition needed to win a court battle and are not afraid to use it. Filing within the statute of limitations sends a strong message right from the start.
Injuries and Evidence
The common injuries in truck accidents can be devastating. Victims often need extensive and expensive medical care, are unable to work at least temporarily, and have to adjust to the lasting effects of their injuries.
Using every opportunity to strengthen a truck accident claim and your potential compensation is essential. This first opportunity is to make a timely legal partnership.
Your attorney can immediately begin investigating the accident, securing access to the truck’s black box data, witnesses’ recent memories of the event, and other evidence clearly pointing to the at-fault party’s negligence.
Early evidence gathering allows your attorney to identify and file against the appropriate party on time, increasing your chances of seeing a favorable outcome.
We are Ready to File Your Claim
Reach out for a free case review from Therman Law as soon as possible after your accident. The less time that passes between your accident and that call, the better.
An Arlington truck accident attorney will get to work immediately upon forming a partnership. We are ready to use our 75 years of combined experience to file your claim and fight for full compensation.