Guide · Updated
After a truck accident: what’s different
The first steps are the same as after any crash: get safe, get care, and keep a record. What’s different is who may be responsible, the federal rules trucks must follow, and how long some records are kept.
Right away
Step 1: The first steps are the same
Call 911 if anyone is hurt, get medical care, take photos and get witness names. What to do after a car accident walks through these steps.
- Also write downThe company name on the truck and trailer, any numbers painted on the cab door, and the plate numbers of both the truck and the trailer. Trucks covered by the federal safety rules must show, on both sides, the name of the company operating the truck and its number starting “USDOT”1.
Good to know
Step 2: Big trucks follow federal safety rules
Federal rules cover commercial trucks used in interstate commerce (business that crosses state lines) that weigh, or are rated at, 10,001 pounds or more2. Most of those rules apply to trucks used in interstate commerce3. Some reach trucks that stay within one state too. For example, the commercial driver’s license rules apply to drivers in interstate or intrastate (one-state) commerce3. States can also set and enforce their own truck safety laws. The catch: following a state law can’t stop anyone from following the federal rules4.
A few rules that often matter after a crash:
- Driving time limitsAfter 10 hours off, a truck driver may drive up to 11 hours, and may not drive once 14 hours have passed since coming on duty6. These are called hours-of-service rules.
- Drug and alcohol testsAfter some crashes, the trucking company must test the driver for alcohol and drugs as soon as it can. This applies when someone died. It also applies when the driver gets a ticket for the crash and either someone was taken away for medical care or a vehicle had to be towed7.
- Driver filesTrucking companies must keep a qualification file for each driver8.
- UpkeepCompanies must inspect, repair and maintain their trucks, and keep records of it9.
Breaking a safety rule doesn’t by itself decide who pays.
Good to know
Step 3: More than one company may be involved
In a car crash, there’s usually one other driver and one insurance company. In a truck crash there may be several people or companies involved. They can include the driver, the trucking company, the owner of the truck or trailer, the company that loaded the cargo, or a repair shop.
Some truck drivers are employees and some are independent contractors. That can change who is responsible. When a trucking company leases a truck (often with its driver) to carry goods for hire, federal rules say the lease must give that company exclusive possession, control and use of the truck, and complete responsibility for operating it, while the lease lasts5.
Good to know
Step 4: Truck insurance is usually larger
A trucking company must have insurance or another kind of financial backing before it puts a truck on the road10. For a for-hire truck carrying ordinary goods across state lines, the federal minimum is $750,00011. Trucks carrying some hazardous materials need more.
Compare that with a car: in Texas, for example, the minimum for one person’s injuries is $30,00012. These are minimums, not what a claim is worth.
Larger policies, careful adjusters
With more money at stake, trucking companies and their insurance companies may start looking into a crash quickly. You don’t have to talk to them right away. Talking to the other driver’s insurance company.
Your state’s rules: these state guides each have a section on crash claims and insurance, with the law cited: Arizona, Florida, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming.
Within weeks
Step 5: Some records are only kept for a while
Federal rules say how long trucking companies must keep some records. After that, they may not have to keep them:
- Driver’s hours (record of duty status): at least 6 monthsFrom the date the company receives them13.
- Truck inspection and repair records: 1 yearKept where the truck is housed or maintained9.
- Accident register: 3 yearsA list of the company’s crashes, with copies of crash reports14.
These are federal minimums for the company’s own files. They are not deadlines for you.
This week
Step 6: Your deadline to file still applies
Every state sets a deadline to file an injury lawsuit. In Texas, for example, most injury suits must be brought within two years15. If the truck belonged to a city or state agency, much shorter notice rules can apply. Find your state’s deadline.
When you’re ready
Step 7: If you want a lawyer
You don’t have to hire one. Truck cases can involve more companies and more records than car cases, so it can help to ask a firm how often it handles truck crashes. See how to choose a personal injury lawyer and what a personal injury lawyer does.
Truck accident rules in your state
The deadline to file and the other rules for a truck accident case are set by each state. Pick yours.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
When you’re ready
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Find a lawyer near youSources
Where the legal facts on this page come from
- 49 C.F.R. § 390.21 (marking of self-propelled CMVs and intermodal equipment)“(a) General. Every self-propelled CMV subject to subchapter B of this chapter must be marked as specified in paragraphs (b), (c), and (d) of this section … (b) Nature of marking. The marking must display the following information: (1) The legal name or a single trade name of the motor carrier operating the self-propelled CMV … (2) The identification number issued by FMCSA to the motor carrier or intermodal equipment provider, preceded by the letters “USDOT.” … (c) Size, shape, location, and color of marking. The marking must— (1) Appear on both sides of the self-propelled CMV; …”Read the source: 49 C.F.R. § 390.21 (marking of self-propelled CMVs and intermodal equipment)
- 49 C.F.R. § 390.5 (definitions: “commercial motor vehicle”)“Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle— (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; …”Read the source: 49 C.F.R. § 390.5 (definitions: “commercial motor vehicle”)
- 49 C.F.R. § 390.3 (general applicability)“(a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce. (b) The rules in part 383 of this chapter, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in § 383.5 of this subchapter, in interstate or intrastate commerce and to all employers of such persons.”Read the source: 49 C.F.R. § 390.3 (general applicability)
- 49 C.F.R. § 390.9 (State and local laws, effect on)“Except as otherwise specifically indicated, subchapter B of this chapter is not intended to preclude States or subdivisions thereof from establishing or enforcing State or local laws relating to safety, the compliance with which would not prevent full compliance with these regulations by the person subject thereto.”Read the source: 49 C.F.R. § 390.9 (State and local laws, effect on)
- 49 C.F.R. § 376.12 (written lease requirements for leased trucks)“(c) Exclusive possession and responsibilities. (1) The lease shall provide that the authorized carrier lessee shall have exclusive possession, control, and use of the equipment for the duration of the lease. The lease shall further provide that the authorized carrier lessee shall assume complete responsibility for the operation of the equipment for the duration of the lease. … (4) Nothing in the provisions required by paragraph (c)(1) of this section is intended to affect whether the lessor or driver provided by the lessor is an independent contractor or an employee of the authorized carrier lessee. An independent contractor relationship may exist when a carrier lessee complies with 49 U.S.C. 14102 and attendant administrative requirements.”Read the source: 49 C.F.R. § 376.12 (written lease requirements for leased trucks)
- 49 C.F.R. § 395.3 (maximum driving time for property-carrying vehicles)“(a) … (2) 14-hour period. A driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty. (3) … (i) Driving time. A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section.”Read the source: 49 C.F.R. § 395.3 (maximum driving time for property-carrying vehicles)
- 49 C.F.R. § 382.303 (post-accident testing)“(a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers: (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (2) Who receives a citation within 8 hours of the occurrence … for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; … (b) … each employer shall test for controlled substances … (2) Who receives a citation within thirty-two hours of the occurrence …”Read the source: 49 C.F.R. § 382.303 (post-accident testing)
- 49 C.F.R. § 391.51 (driver qualification files)“(a) Each motor carrier shall maintain a driver qualification file for each driver it employs.”Read the source: 49 C.F.R. § 391.51 (driver qualification files)
- 49 C.F.R. § 396.3 (inspection, repair, and maintenance)“(a) General. Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control. … (b) Required records. Motor carriers … must maintain, or cause to be maintained, records for each motor vehicle they control for 30 consecutive days. … (c) Record retention. The records required by this section shall be retained where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier's control.”Read the source: 49 C.F.R. § 396.3 (inspection, repair, and maintenance)
- 49 C.F.R. § 387.7 (financial responsibility required)“(a) No motor carrier shall operate a motor vehicle until the motor carrier has obtained and has in effect the minimum levels of financial responsibility as set forth in § 387.9 of this subpart.”Read the source: 49 C.F.R. § 387.7 (financial responsibility required)
- 49 C.F.R. § 387.9 (financial responsibility, minimum levels), Table 1“Table 1 to § 387.9—Schedule of Limits—Public Liability … (1) For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds) | Property (nonhazardous) | $750,000”Read the source: 49 C.F.R. § 387.9 (financial responsibility, minimum levels), Table 1
- Tex. Transp. Code § 601.072 (minimum coverage amounts)“(a-1) Effective January 1, 2011, the minimum amounts of motor vehicle liability insurance coverage required to establish financial responsibility under this chapter are: (1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision … and (3) $25,000 for damage to or destruction of property of others in one collision.”Read the source: Tex. Transp. Code § 601.072 (minimum coverage amounts)
- 49 C.F.R. § 395.8 (driver’s record of duty status)“(k) Retention of driver's record of duty status and supporting documents. (1) A motor carrier shall retain records of duty status and supporting documents required under this part for each of its drivers for a period of not less than 6 months from the date of receipt.”Read the source: 49 C.F.R. § 395.8 (driver’s record of duty status)
- 49 C.F.R. § 390.15 (assistance in investigations; accident register)“(b) Motor carriers must maintain an accident register for 3 years after the date of each accident. Information placed in the accident register must contain at least the following: (1) A list of accidents as defined at § 390.5 … (2) Copies of all accident reports required by State or other governmental entities or insurers.”Read the source: 49 C.F.R. § 390.15 (assistance in investigations; accident register)
- Tex. Civ. Prac. & Rem. Code § 16.003“(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”Read the source: Tex. Civ. Prac. & Rem. Code § 16.003
This is general information, not legal advice.