Justia 10 Lawyer Rating
America's Top 100 High Stakes Litigators
Illinois Trial Lawyers Association
Google reviews 5 starts
Best of the Best Attorneys
7 Figure Litigators
American Institute of Personal Injury Attorneys
Rated by Super Lawyers
The National Trial Lawyers Top 100
Avvo Rating 10 John Joseph Malm Top Attorney
Raising the Bar
30 years anniversary John J. Malm

Elgin, IL Truck Accident Lawyers

Top-Rated Attorneys for Victims Injured in Trucking Crashes

Commercial trucks, from semi-tractor trailers to box trucks, delivery vans, and construction haulers, are an everyday sight on Elgin’s roads. Their size and weight mean that collisions involving these vehicles often cause serious injuries, catastrophic loss, and complicated insurance and legal issues.

Truck Accident

At John J. Malm & Associates, we are proud to serve accident victims and their families in Elgin, Illinois. For decades, our team has fought on behalf of those injured in serious truck accidents, helping clients recover compensation for medical bills, lost income, and the lasting effects of their injuries. We understand that truck accident cases are not only complex, but also deeply personal, as lives are disrupted in an instant. Our award-winning Elgin truck accident attorneys bring a combination of local knowledge, proven trial experience, and compassionate client service to every case we handle. Whether your accident occurred on I-90, Route 20, or a busy Elgin city street, our firm is here to guide you through the legal process and pursue the justice you deserve.

“Truck crashes can leave families with profound physical, emotional, and financial consequences. At John J. Malm & Associates, we move fast to preserve every piece of evidence, from ELD downloads to maintenance records, because those documents often decide the case. Our goal is simple: hold responsible parties accountable and secure the care our clients need to rebuild their lives.” — John J. Malm, Elgin trucking accident attorney

The Local Picture on Elgin Truck Accidents

Data from the Illinois Department of Transportation shows the total number of crashes, injury crashes, and fatal crashes recorded for Elgin during 2023, data that helps identify problem corridors and times of day. Zooming out, Illinois reported nearly 299,133 total crashes in 2023, with 61,547 injury crashes and 1,142 fatal crashes statewide, numbers that place pressure on urban areas like Elgin to manage a complex mix of local traffic, commuter corridors, and freight routes. Nationwide, large-truck crashes accounted for thousands of deaths and hundreds of thousands of injuries in recent years, and federal data continue to show that occupants of other vehicles comprise the majority of victims in large-truck fatal crashes.

Why Truck Crashes in Elgin are Often Serious

Two basic facts explain why truck crashes carry heightened risk:

  • Mass and momentum: A fully loaded semi can weigh 20–80 times more than a passenger car. At the same speed, that mass translates into far greater crash forces and higher risk of catastrophic injury or death for occupants of smaller vehicles and non-occupants (pedestrians, bicyclists).
  • Complex causation and multiple stakeholders: A truck crash often involves not just a driver, but a carrier, a cargo shipper or loader, a vehicle owner or lessor, maintenance shops, and parts manufacturers. That multiplies possible legal theories (negligence, vicarious liability, negligent hiring/supervision, product liability) and complicates evidence collection. Federal regulations through the FMCSA add another layer, carriers must keep driver qualification files, maintenance logs, and electronic logging device (ELD) records that are central to proving fault.

Common Causes of Truck Accidents on Elgin Roads

Many causes that drive truck crashes anywhere are also present in Elgin. The most common contributing factors include:

  • Driver fatigue and hours-of-service violations: Long shifts, pressure to meet schedules, and improper log keeping remain leading factors in serious truck collisions.
  • Speeding and unsafe lane changes: Large trucks require extra room to maneuver; speeding exacerbates the risk at merges and on ramps.
  • Distracted driving: Use of phones or in-cab devices can prevent a timely reaction to stopped traffic or pedestrians.
  • Improperly loaded or shifted cargo. Overloaded or unsecured freight can change a truck’s handling or lead to rollovers and container loss.
  • Vehicle maintenance failures (brakes, tires): Poorly maintained braking systems and tires are frequent mechanical contributors.

Who Can Be Held Responsible After an Elgin Truck Crash?

Liability is fact-specific, but these are the parties commonly named in truck-accident claims:

  • The truck driver: Direct negligence (speeding, distraction, impairment) can make the driver directly liable.
  • The motor carrier or employer: Under respondeat superior, employers are often vicariously liable for their drivers’ acts while on duty. Carriers can also face direct liability for negligent hiring, training, supervision, or maintenance.
  • The vehicle owner or leasing company: When the truck is leased, or the title belongs to a separate company, the owner may share liability.
  • The cargo loader or shipper: Improper loading or securing of freight can create a dangerous condition and lead to claims against shippers or loading companies.
  • Maintenance providers or parts manufacturers: If brake failure, tire defect, or another mechanical defect causes the crash, repair shops or manufacturers may be on the hook.

Because multiple defendants and high insurance limits are common in truck cases, fast evidence preservation is essential to prevent the loss of telematics, video, and maintenance records.

Evidence That Wins Truck Accident Cases in Elgin, IL

The strongly persuasive evidence in truck cases typically includes:

  • ELD/telematics and GPS data (speed, braking, hours on duty).
  • Driver’s logbooks and drug/alcohol testing records.
  • Vehicle maintenance, inspection, and repair records.
  • Cargo manifests, load-securement documents, and bills of lading.
  • Surveillance, intersection, or dashcam footage. Many trucks and nearby businesses capture video that is overwritten quickly.
  • Witness statements and independent eyewitness accounts.
  • Accident reconstruction analysis (skid mark measurement, crush analysis, sight-lines).
  • Photographs of the scene and emergency responder reports (police SR-1050 or local agency crash reports).

An experienced Elgin trucking accident attorney knows to issue preservation demands right away and to coordinate forensic experts who can convert technical records into usable courtroom evidence.

Typical Injuries Sustained in Elgin 18-Wheeler Accidents

Because of the forces involved, truck crashes often produce catastrophic and life-changing injuries, including:

  • Traumatic brain injuries (TBI): from concussions to severe brain damage.
  • Spinal cord injuries: paralysis or partial loss of function.
  • Multiple fractures and amputations.
  • Internal organ damage and long hospitalizations.
  • Psychological injuries: PTSD, anxiety, and depression following traumatic collisions.

Those injuries create long-term care needs, lost income, rehabilitation costs, and pain and suffering damages that must be carefully documented for a claim. Medical records, vocational evaluations, and life-care planning are often needed to prove future losses.

Insurance Realities in Truck Accident Cases

Trucking companies typically carry higher liability limits than private drivers, and cases often involve primary and excess/umbrella policies. But higher limits also attract aggressive, well-resourced defense teams. Common insurance considerations:

  • Large limits, but aggressive defense. Carriers hire specialized adjusters and counsel early.
  • Multiple insurers may be involved. Owner, lessee, shipper, and employer policies can interact in complex ways.
  • Recorded statements are risky. Never give a recorded statement to the other side’s insurer without counsel,  they commonly use recorded statements to minimize claims.
  • Your own uninsured/underinsured motorist (UIM) cover may be relevant. If the at-fault carrier denies coverage or limits apply, UIM can be an important source.

A local Elgin injury attorney helps navigate settlement strategy and negotiates to avoid lowball early offers that fail to account for future care.

What To Do Immediately After a Truck Crash in Elgin

Practical, prioritized steps after a crash protect your health and your claim:

  • Call 911 and get medical care. Your health is the priority, and emergency responders create critical documentation.
  • Photograph the scene and vehicles. Capture license plates, DOT/MC numbers on the truck, trailer numbers, skid marks, damage, and roadway conditions.
  • Write down witness names and contact info. Crossing guard, nearby drivers, or pedestrians may have seen the event.
  • Ask for the responding officer’s report number and agency contact. Obtain a copy when available.
  • Preserve evidence. Save your phone, clothing, and any receipts. If possible, note the truck’s carrier name and USDOT number from the side of the vehicle.
  • Do not give recorded statements to the truck carrier’s insurer without counsel. Consult an attorney before agreeing to recorded interviews or signing releases.
  • Contact an Elgin truck accident attorney quickly. Lawyers will send preservation letters to carriers, secure telematics, and start an independent investigation.

Frequently Asked Questions about Elgin Truck Accidents

Q: How long do I have to file a truck accident claim in Illinois?
A: The general statute of limitations for personal injury in Illinois is two years from the date of injury. However, claims against public entities, or particular procedural circumstances, can shorten that deadline. Speak with a local attorney promptly to preserve your rights.

Q: What if the truck driver was an independent contractor?
A: Even when drivers are labeled independent contractors, carriers and shippers may still be vicariously liable depending on control, contract terms, and state law. Investigation of contracts and operating facts is necessary.

Q: Can I get compensation if I was partly at fault?
A: Yes. Illinois follows a modified comparative negligence rule: you can recover as long as you are not more than 50% at fault; your recovery is reduced by your percentage of fault.

Q: Why is obtaining ELD/telematics important?
A: ELD and telematics show the truck’s speed, braking, and hours on duty. They are objective, time-stamped records that can prove speeding, reckless driving, or HOS violations.

Q: Will the trucking company always admit fault?
A: No. Carriers frequently deny or minimize responsibility and may deploy rapid defenses. That’s why early investigation and preservation demands are critical.

Contact the Dedicated Elgin Truck Accident Lawyers at John J. Malm & Associates

If you or a loved one has been injured in a truck accident in Elgin, you don’t have to face the aftermath alone. Trucking companies and insurers will work quickly to limit their liability, but at John J. Malm & Associates, we fight back just as aggressively to protect your rights. Our experienced Elgin truck accident attorneys know how to investigate these cases, preserve critical evidence, and build a strong claim for full and fair compensation. Let us put our skill and dedication to work for you. Call us today for a free consultation and learn how we can help you take the next step toward recovery.

Client Reviews

"The Malm law firm is extremely professional and friendly. I would definitely refer others to this law firm."

D.K., Naperville, IL

"John, thank you again for all your hard work and dedication to my case. I really appreciated knowing I did not need to worry about anything and that my case was in good hands. It was so nice to have a peace of mind the entire time."

J.O., Naperville, IL

What can I say besides thank you for all you did. You handled my car accident case well -- with experience, knowledge and patience. You are an absolutely great attorney. You have made it possible for me to start living a normal life again. Thank you again, God Bless.

E.R., Naperville, IL

"John is the best. I would not want anybody else to handle a case for my family."

T.D., Aurora, IL

"I am truly blessed to have been referred to John and his team. Without John, my case would have been swept under the carpet. He truly made me feel cared for, protected and comfortable. I never was treated as just another case, and never felt ignored or neglected. I recommend John and his firm to...

A.G., Elgin, IL

Let Us Help You! Call Now (630) 527-4177

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Over 25 Years Experience
Complete the contact form or call us at (630) 527-4177 to schedule your free consultation.

Leave Us a Message

By submitting your information, you agree to be contacted via email, SMS or call or by submitting this form and signing up for SMS, you consent to receive marketing messages from John J. Malm & Associates Personal Injury Lawyers.