Illinois · Springfield, Sangamon County

Springfield truck accident lawyers

Springfield is the state capital, so the truck that hit you may belong to the State of Illinois. That changes the court, the deadlines and the paperwork, and it is the first thing we check.

The short answer

What happens if a State of Illinois truck hits you in Springfield?

A claim against the State itself goes to the Illinois Court of Claims instead of the county courthouse. That court has exclusive jurisdiction over tort claims against the State (opens in a new tab), and a person bringing an injury claim must give written notice to the Attorney General and the court’s clerk within 1 year (opens in a new tab) unless the claim itself is filed in that time.

01

Why does it matter who owned the truck?

Two of the state’s major interstates meet here: the state’s freight plan notes that I-55 and I-72 intersect in Springfield (opens in a new tab). A crash with a private carrier’s truck on those roads is an ordinary claim against that company.

In a capital city, though, the truck, the plow or the van on the road beside you may belong to a government instead.

Illinois sorts those claims by owner. A vehicle of the State goes one way, a vehicle of a city, a county or a school district goes another, and each has an earlier date to meet than an ordinary case.

02

How does a claim against the State of Illinois work?

It is heard by the Illinois Court of Claims, which has exclusive jurisdiction over tort claims against the State (opens in a new tab).

Two dates control it. Written notice must be filed with the Attorney General and the clerk of the court within 1 year (opens in a new tab) of the injury, unless the claim is filed in that year, and the claim itself must be filed within 2 years (opens in a new tab).

Illinois limits most tort awards against the State. The same statute says that limit does not apply to a case arising from a State employee operating a State vehicle (opens in a new tab).

03

What about a city, county or school district truck?

A claim against a local public entity must be filed within one year (opens in a new tab) of the injury. That covers a city, a county, a township and a school district, among others.

One year passes quickly when you are recovering. If a garbage truck, a snowplow or a school bus was involved, tell us at the start so the right deadline goes on the calendar.

04

Where is a Springfield truck accident case filed?

A case against a private trucking company usually begins in the Circuit Court of Sangamon County, part of the Seventh Judicial Circuit. The circuit clerk’s office is at 200 South Ninth Street (opens in a new tab) in Springfield.

A carrier from another state may be able to move the case to federal court (opens in a new tab). Sangamon County is in the Central District of Illinois, and federal law lists Springfield among the places where that court is held (opens in a new tab).

05

Is a commercial driver tested after a crash?

After some crashes, yes. For drivers who need a commercial driver’s license, federal rules require the employer to test the driver for alcohol and controlled substances (opens in a new tab) as soon as practicable after any crash involving a death.

The same rule applies when the driver is cited for a moving violation soon after the crash, within 8 hours for the alcohol test and 32 hours for the drug test (opens in a new tab), and the crash sent someone for medical treatment away from the scene or left a vehicle to be towed. If a required test was not done promptly, the employer has to keep a record of why.

Frequently Asked Questions

Is a claim against the State filed at the Sangamon County courthouse?

No. Tort claims against the State are heard by the Illinois Court of Claims, which has exclusive jurisdiction (opens in a new tab) over them.

How soon do I have to act if a State vehicle was involved?

Written notice is due within 1 year (opens in a new tab) unless the claim is filed in that time, and the claim itself must be filed within 2 years (opens in a new tab).

What if it was a city truck or a school bus?

If the city or the school district itself ran the vehicle, the claim is against a local public entity, and it must be filed within one year (opens in a new tab).

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Keep reading

  1. 01

    Truck crash law

    The deadlines, the shared-fault rule, the federal safety rules and the records a trucking company has to keep.

    Truck crash law page
  2. 02

    Joliet

    Where I-80 meets I-55, beside the intermodal yards

    Joliet page
  3. 03

    Rockford

    The I-90 and I-39 freight corridor

    Rockford page
  4. 04

    Aurora

    I-88 and the western suburbs

    Aurora page
  5. 05

    Peoria

    I-74 and the I-474 bypass

    Peoria page

Talk to an Illinois truck accident lawyer today.

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