Is There a Maximum Amount of Compensation I Can Get From a Serious Truck Accident?

 Posted on September 11, 2026 in Truck Accidents

Illinois does not set a cap on the compensation you can recover from a truck accident. Truck accidents often lead to serious, potentially life-altering injuries. These injuries may require substantial care in the short and long term. Compensation awards for these kinds of accidents can be extremely high, sometimes reaching into the millions of dollars.

If you were seriously hurt in a truck accident in 2026, a Mt. Prospect, IL truck accident attorney can help you find out what your case is worth and who owes you.

Why Doesn't Illinois Law Set a Maximum Amount You Can Recover After a Truck Accident?

Lawmakers have tried capping damages for personal injury cases before, specifically in medical malpractice cases. Illinois courts have struck these down as unconstitutional more than once. For a typical truck accident injury claim, Illinois does not set a general cap on compensatory damages.

There are, however, other factors that can limit how much you actually recover in a personal injury case. One is whether you shared fault for the accident. Another is the amount of insurance coverage and other assets available.

How Can Illinois' Fault Laws Limit What You Can Recover from an Injury?

Under Illinois Compiled Statutes Section 735 ILCS 5/2-1116, your compensation is reduced by your percentage of fault. If you're found to be more than 50 percent at fault, you generally can't recover anything. Insurance companies may argue aggressively that you share some blame for this reason.

How Does a Trucking Company's Insurance Affect Compensation After an Illinois Truck Accident?

A defendant's insurance coverage can affect how much compensation is realistically available. Federal law requires certain interstate trucks to carry at least $750,000 in liability insurance for general freight. Under 49 CFR Section 387.9, carriers hauling certain hazardous materials may be required to carry up to $5 million. Many brokers and shippers also require carriers to hold other higher limits before giving them work.

While these are substantial numbers, damages for serious injuries, loss of income, damage to property, and pain and suffering can and do exceed them in some cases. When this happens, though, there may be other options for recovery of the remaining damages.

Can More Than One Party Be Held Responsible for a Truck Accident in Illinois?

More than one party may be responsible for an accident with a commercial truck. In addition to the driver and trucking company, a maintenance contractor may share responsibility if poor maintenance contributed. A separate company that loaded the truck improperly can sometimes be liable too.

Different liable parties may have separate insurance policies or assets. This can provide more than one possible source of compensation.

What Types of Compensation Can You Recover After a DuPage County Truck Accident?

Depending on your injuries, compensation for a truck accident can include:

• Medical expenses, both current and future

• Lost income and any long-term reduction in your ability to earn

• Property damage to your vehicle and other belongings

• Pain and suffering

In rare cases involving especially reckless conduct, punitive damages may also be available. Driving under the influence could support a claim for punitive damages, depending on the facts. These damages are meant to punish especially harmful conduct. If a crash proves fatal, a separate wrongful death claim could be an option.

What Can You Do to Protect a Truck Accident Claim in Illinois?

Trucking companies often keep electronic logs, dashcam footage, and maintenance records for a limited time before overwriting them. A prompt written request from an attorney can help preserve this evidence before it is overwritten or disposed of.

You should also preserve evidence from the accident such as videos, photos, police reports, and witness statements. See a doctor as soon as possible after the accident and follow your treatment plan carefully. Prompt medical care can create a record of your injuries and treatment. This prevents insurance companies from claiming that your injuries are unrelated to the accident.

Call a DuPage County, IL Truck Accident Attorney Today

If you've been injured in a commercial truck accident, make sure you've explored every avenue of compensation. Grauer & Kriegel, LLC has recovered over $150 million for clients and brings decades of experience to serious truck accident cases. We're willing to fight your claim aggressively and take it to trial when necessary.

We offer free consultations. Call our Mt. Prospect, IL personal injury lawyers at 847-240-9010 today.