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Help someone just involved in a California commercial truck crash take the right immediate steps and understand what makes truck cases different.
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What to Do After a Truck Accident in California
A collision with a big rig, semi, delivery truck, or other commercial vehicle is not just a bigger car crash. Trucks can weigh 20 to 30 times more than a passenger car, so injuries tend to be more serious, and the company behind the truck often has insurers and investigators working on its side within hours. What you do in the first days matters. This guide walks through the immediate, practical steps first, then the issues that are specific to truck cases, the deadlines, and where to go next. If you are reading this right after a crash and you or anyone is hurt, stop and call 911 before anything else. Hurt Advice is not a law firm and does not provide legal advice. This page is general information, not a substitute for advice from a licensed California attorney about your specific situation.
Written by Armen Akaragian, Esq.
Legally reviewed by Astghik Sogoyan, Esq.
Last reviewed June 12, 2026
Our legal review processResource at a glance
What to Do After a Truck Accident in California
Hit by a commercial truck in California? A step-by-step guide to safety, the police report, preserving black-box data, and the deadlines that matter. This resource is educational and should be used to organize facts before requesting independent attorney review when appropriate.
Last reviewed
Key takeaway 1
Call 911, get to safety, and seek medical attention even if you feel okay, because adrenaline can mask serious injuries.
Source: Visible resource pageKey takeaway 2
Document the scene thoroughly, including the truck's company name, DOT/MC number, license plate, and trailer.
Source: Visible resource pageKey takeaway 3
Several parties may share liability in a truck case: the driver, the trucking company, the truck or trailer owner, a cargo loader, a maintenance contractor, or a broker.
Source: Visible resource pageRelated routes
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Hurt Advice is not a law firm and does not provide legal advice.
Source: Hurt Advice source policyWhat can change the answer
- The reader's exact event, date, records, policy language, treatment course, losses, and disputed facts.
- Whether a public entity, minor, delayed discovery issue, commercial party, or other special rule may be involved.
- The current primary source and any later amendment, court interpretation, or fact-specific exception.
What this page cannot establish
- The resource is general educational information and cannot calculate an individual deadline, fault allocation, damages, or claim value.
- Examples and internal models are not official records, reported outcomes, guarantees, or legal conclusions.
- Hurt Advice is not a law firm; a separate written agreement with an independent attorney or law firm is required for representation.
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Review the cited sources and the page's local details before relying on general information for a specific claim.
Quick answer
The useful answer in plain English
Hit by a commercial truck in California? A step-by-step guide to safety, the police report, preserving black-box data, and the deadlines that matter. Hurt Advice is not a law firm and does not provide legal advice. Use this page to organize facts, records, and next questions before deciding whether to request review by an independent participating attorney or law firm.
Call 911, get to safety, and seek medical attention even if you feel okay, because adrenaline can mask serious injuries.
Document the scene thoroughly, including the truck's company name, DOT/MC number, license plate, and trailer.
Several parties may share liability in a truck case: the driver, the trucking company, the truck or trailer owner, a cargo loader, a maintenance contractor, or a broker.
Federal FMCSA rules, hours-of-service limits, and electronic logging devices can be evidence in a truck claim.
Time-sensitive electronic data like ELD records and black-box data can disappear, which is why people often send a preservation letter quickly.
California's general deadline to file a personal injury lawsuit is two years, but a government-entity claim can require action within six months.
Step-by-step
What to do next
These steps are ordered for usefulness: safety and records first, then insurance, medical, and review decisions.
1
Get to safety and check for injuries
If you can move safely, get out of traffic and turn on your hazard lights. Do not try to assess vehicle damage in a live lane.
2
Call 911
Report injuries and that a commercial truck was involved. Ask for police and paramedics. With a large truck, a police or CHP report carries real weight later.
3
Get medical attention even if you feel okay
Adrenaline masks injuries. Internal injuries, concussions, and spine injuries can show up hours or days later. Getting checked also creates a medical record tied to the crash.
4
Document the scene
Photograph everything: both vehicles, the truck's company name, DOT/MC number, and license plate, the trailer, road conditions, skid marks, debris, and your injuries. Take video if you can.
5
Exchange information
Get the driver's name and license, the trucking company's name, the truck's USDOT number, and insurance details. Note whether the truck is owned by the driver, a carrier, or leased.
6
Identify witnesses
Get names and phone numbers. Independent witnesses are valuable in disputed truck cases.
7
Do not admit fault or guess
Stick to facts when talking to police. Apologies and speculation can be used against you.
8
Notify your own insurer promptly but keep it factual
Report the crash. You do not have to give a recorded statement on the spot.
9
Preserve evidence
Keep damaged property, photos, the police report number, medical bills, and a written timeline. In truck cases, time-sensitive electronic data may need to be formally preserved, and a fast settlement offer from the truck company's insurer usually favors them, not you.
Liability
Why commercial truck cases are different
In a typical car crash, you usually deal with one other driver and their insurer. In a truck crash, several parties may share responsibility, and sorting out who is liable is one of the main reasons truck cases are more complex than ordinary car cases. A trucking company can be responsible for its driver's actions on the job, and sometimes for its own negligence in hiring, training, supervision, or maintenance. This is general information, so confirm how it applies to your facts with a California attorney.
- The driver
- The trucking company (motor carrier) that employs or contracts the driver
- The owner of the truck or trailer, if different
- A cargo loader or shipper, if improper loading contributed
- A maintenance contractor or parts manufacturer, if a mechanical failure was involved, or a broker in some arrangements
Federal Rules
Federal safety rules (FMCSA) may apply
Interstate commercial trucks and their drivers are regulated by the federal Federal Motor Carrier Safety Administration (FMCSA). These rules can matter to a crash claim because a violation may be evidence of negligence. A property-carrying driver may generally drive a maximum of 11 hours after 10 consecutive hours off duty, and may not drive beyond the 14th consecutive hour on duty, with additional 60-hour/7-day and 70-hour/8-day limits. Fatigue and log violations are a recurring issue in truck crashes. Most drivers must track duty status with an FMCSA-registered electronic logging device that records driving time automatically. Confirm current rules and how they apply with an attorney.
- Hours-of-service limits: generally 11 hours driving after 10 consecutive hours off duty, no driving beyond the 14th on-duty hour, plus 60/7 and 70/8 limits
- Electronic logging devices (ELDs) automatically record driving time for most drivers
- An hours-of-service or log violation may be used as evidence of negligence
Evidence
Black-box and electronic data can disappear
Modern trucks store data that can show what happened: the ELD for driving hours, the engine control module or event data recorder for speed, braking, and throttle near impact, plus dashcam footage, GPS, and the company's maintenance and dispatch records. This evidence is powerful, and some of it is only kept for a limited time. For example, federal rules generally require a motor carrier to retain ELD records of duty status and back-up data for six months. Other records, and physical evidence like the truck itself, can be repaired, overwritten, or lost. That is why people in serious truck cases often act quickly to send the trucking company a preservation, or spoliation, letter demanding it keep this evidence. A preservation letter is a common practice, not a legal guarantee, so confirm the right steps with an attorney.
- ELD driving-hours data may only be retained for about six months
- Engine control module and event data recorder data can be overwritten
- Dashcam, GPS, maintenance, and dispatch records may also be time-sensitive
- The truck itself can be repaired or returned to service
Insurance
More insurance and a tougher opponent
Interstate trucking companies are required to carry substantial liability insurance. For most for-hire carriers hauling general, non-hazardous freight, the federal minimum is $750,000 in liability coverage, and carriers hauling certain oil or hazardous materials must carry $1,000,000 or $5,000,000. Many carriers and the brokers who load them require even higher limits in practice. More available coverage can mean a more serious claim, but it also means a more aggressive defense. The carrier's insurer may send a rapid-response investigator to the scene the same day. That is the other side building its case, which is why preserving your own evidence early matters. These are federal minimums, not California-specific rules.
- $750,000 federal minimum for general non-hazardous freight
- $1,000,000 or $5,000,000 for specified oil or hazardous materials
- The carrier may send a rapid-response investigator the same day
Deadlines
Deadlines and value
In California, the general deadline to file a personal injury lawsuit is two years from the date of the injury, under Code of Civil Procedure section 335.1. Miss it and a court will almost certainly dismiss the case, no matter how strong it is. One important exception for truck cases: if a government entity is involved, for example a city sanitation truck, a transit vehicle, or a publicly owned vehicle, you generally must file a formal government claim within six months of the incident under Government Code section 911.2, well before the two-year lawsuit deadline. As for value, there is no formula that fits every case; it generally depends on the severity of your injuries, your medical bills, lost income, long-term effects, and how fault is shared. California uses pure comparative negligence, so being partly at fault reduces, but does not erase, what you can recover. Treat any deadline estimate or calculator as a starting point, not legal advice, and confirm it with an attorney.
- General personal injury deadline: two years from the date of injury (CCP section 335.1)
- Government-entity claims generally require a government claim within six months (Government Code section 911.2)
- Value depends on injury severity, medical bills, lost income, and shared fault
- California follows pure comparative negligence: partial fault reduces but does not bar recovery
Common mistakes
Avoid these claim-planning mistakes
Search results can make a complicated injury issue feel simple. These are the mistakes that most often create confusion later.
Skipping medical care because you feel okay, when internal injuries, concussions, and spine injuries can surface hours or days later.
Admitting fault, apologizing, or guessing at the scene, since speculation can be used against you.
Giving the truck company's insurer a recorded statement early, before you understand the extent of your injuries.
Accepting a fast settlement offer before you know your full injuries, which usually favors the carrier, not you.
Waiting too long to preserve evidence, when ELD data and the truck itself can be overwritten, repaired, or lost.
Related reading path
Where to go from here
These links connect the answer to service pages, evidence pages, insurance pages, medical-care resources, and attorney profile discovery.
Do I Have a Case?Take a quick quiz to see whether your truck crash may be a claim worth reviewing.Settlement CalculatorGet a rough range for what a case like yours might be worth.California Statute of LimitationsEstimate your filing deadline as a starting point, then confirm it with an attorney.Recorded StatementsWhy you usually are not required to give the other side's insurer a recorded statement.Comparative NegligenceHow being partly at fault reduces but does not erase recovery in California.Truck AccidentsLearn more about commercial truck crashes and how these cases work.
FAQ
Questions this page answers
The trucking company's insurer already called me. Should I give a recorded statement?Open
You are generally not required to give the other side's insurer a recorded statement, and doing so early, before you understand your injuries, can hurt your claim. Consider speaking with an attorney first.
The truck driver said it was my fault. Can I still recover?Open
Possibly. California's pure comparative negligence rule means partial fault reduces but does not automatically bar recovery. Fault in truck cases often shifts once electronic data and logs are reviewed.
Do I really need a lawyer for a truck case?Open
This guide cannot tell you what to do. But truck cases involve multiple potential defendants, federal rules, and time-sensitive electronic evidence, which is why many people choose to talk to an attorney early. The Do I Have a Case? quiz is a quick first step.
How fast does evidence disappear?Open
Some records, like certain ELD data, may only be kept for months, and the truck itself can be repaired. Acting promptly to preserve evidence is common in serious cases.
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