What to Do After a Truck Accident

A loaded tractor-trailer can weigh many times more than a passenger car, so truck crashes often cause severe injuries. They are also legally different: commercial trucking is heavily regulated, and several companies can share responsibility.

At the scene

1. Call 911 and get medical care.
2. Photograph the truck, trailer, the company name and USDOT number on the cab door, the license plates, the scene and your injuries.
3. Get the truck driver's name, employer, insurance and commercial license information.
4. Collect witness names and phone numbers.
5. Do not discuss fault with the driver or a company representative who arrives at the scene.

Federal rules that matter

Interstate truck drivers must follow Federal Motor Carrier Safety Administration rules. Key examples:

• Hours of service: property-carrying drivers may drive up to 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty, must take a 30-minute break after 8 cumulative hours of driving, and are subject to 60/70-hour weekly limits (FMCSA, 49 CFR 395.3).
• Electronic logging devices record driving time.
• Inspection and maintenance rules for brakes, tires and lights.
• Drug and alcohol testing and commercial license standards.

Violations, such as a fatigued driver over the hours limit, can be strong evidence of negligence.

Who can be liable

• The truck driver
• The trucking company, for its driver's negligence under respondeat superior (Cornell LII), and for its own negligent hiring, training or scheduling
• The company that loaded the cargo, if improper loading contributed
• A maintenance contractor or the truck or parts manufacturer
• A broker or shipper in some situations

Insurance

Federal law sets minimum financial responsibility for interstate motor carriers. For general freight carriers the minimum is $750,000, and it is higher for hazardous materials (49 CFR 387.9). Many carriers carry more. That usually means more coverage is available than in a car crash, but also that the insurer will defend aggressively.

Preserve evidence quickly

Trucking companies are not required to keep all records forever, and some data can be overwritten. A lawyer can send a preservation (spoliation) letter demanding the company keep:

• ELD and hours-of-service records
• Engine control module ("black box") data
• Dashcam footage
• Driver qualification, drug test and maintenance files
• Dispatch communications

Next steps

Get treatment and keep records, and be careful with early calls from the carrier's insurer. Because of the evidence and multiple parties, most people hurt in truck crashes work with a personal injury lawyer. If someone was killed, see wrongful death lawsuits.

Sources

1. FMCSA: Summary of hours of service regulations
2. Cornell Law School LII: 49 CFR 395.3, Maximum driving time
3. Cornell Law School LII: 49 CFR 387.9, Financial responsibility, minimum levels
4. Cornell Law School LII: Respondeat superior