By Serdar Arslan, editor · Last reviewed · 9 min read · How we research
A loaded tractor-trailer can weigh 80,000 pounds, roughly twenty times the weight of a midsize sedan. When one hits a car, the injuries are usually worse, and the claim that follows looks nothing like a fender-bender. The trucking company answers to federal safety rules, and the driver, carrier, trailer owner, and loader may each have a separate insurer. Below we cover how these claims differ and what you can do in the first few weeks, while the evidence still exists.
Who regulates trucks
The Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, regulates commercial motor carriers that operate in interstate commerce. Its rules cover, among other things:
- Driver qualifications and commercial driver's licenses
- Hours of service (how long drivers may drive and work)
- Vehicle inspection, repair, and maintenance
- Drug and alcohol testing
- Minimum insurance (financial responsibility)
States also regulate trucks that operate only within their borders, often adopting rules similar to the federal ones.
Federal minimum insurance
Federal law requires for-hire interstate carriers to carry minimum levels of liability coverage for bodily injury and property damage (BIPD). FMCSA lists these minimums under 49 CFR 387.303:
Motor carriers of property
| Type of carrier | Federal minimum |
|---|---|
| General freight, 10,001 lbs GVWR or more | $750,000 |
| Certain hazardous materials (for-hire) | $1,000,000 |
| Explosives, poison gas, or radioactive materials (for-hire and private) | $5,000,000 |
Motor carriers of passengers
| Vehicle seating | Federal minimum |
|---|---|
| 15 or fewer passengers | $1,500,000 |
| 16 or more passengers | $5,000,000 |
These are minimums. Many carriers carry more, sometimes through layers of excess or umbrella policies. Compare these amounts with typical state minimums for passenger cars, which are often $25,000 to $50,000 per person, and you can see why truck claims are handled very differently.
Who may be responsible
In a car crash, there's usually one driver and one insurer on the other side. In a truck crash, several parties may share responsibility:
- The truck driver, for unsafe driving
- The motor carrier, which is usually responsible for its driver's conduct while working, and may also be responsible for its own failures in hiring, training, supervision, or maintenance
- The owner of the truck or trailer, if different from the carrier
- A shipper or loader, if cargo was overloaded or improperly secured
- A maintenance company, if faulty repairs played a role
- A manufacturer, if a defective part such as brakes or tires failed
- A freight broker, in some situations, depending on the facts and state law
Untangling that list takes time and document requests, and it's a big part of why people hurt in truck crashes tend to hire a lawyer.
Federal rules that often matter
Hours of service
Driver fatigue is a common issue in truck cases. FMCSA's hours-of-service rules limit how long property-carrying drivers can drive and work. Among them, FMCSA describes a daily allotment of 11 driving hours within a longer on-duty window, and a 30-minute break after 8 cumulative hours of driving. There are also weekly limits and various exceptions. Records of a driver's hours are usually kept electronically.
Driver qualification
Carriers must keep a driver qualification file with things like the driver's license, medical certificate, driving record, and employment history. Gaps in that file may matter in a claim against the carrier.
Inspection and maintenance
Carriers must inspect, repair, and maintain their vehicles and keep records. Brake and tire problems are frequent issues in truck crashes.
Drug and alcohol testing
Drivers of commercial vehicles are subject to drug and alcohol testing rules, including testing after certain crashes.
Evidence to preserve early
Trucks record far more than cars do. The catch is that the trucking company holds most of it, and some of it gets overwritten or discarded on a routine schedule. Records worth asking about:
| Evidence | Why it matters |
|---|---|
| Electronic logging device (ELD) data | Shows hours of service |
| Engine control module ("black box") data | Speed, braking, throttle before the crash |
| Dash cameras and driver-facing cameras | Shows what happened |
| Dispatch records and messages | Delivery schedules, pressure to drive |
| Driver qualification file | Training, license, prior violations |
| Inspection and maintenance records | Brake and tire condition |
| Post-crash drug and alcohol test results | Impairment |
| Bills of lading and weight tickets | Cargo weight and loading |
| GPS and telematics | Route and speed |
Because these records are controlled by the carrier, lawyers often send a preservation letter (sometimes called a spoliation letter) soon after the crash, asking the company to keep all relevant evidence. Courts can penalize parties who destroy evidence after they're on notice of a claim, but the rules vary.
Your own evidence matters too. Follow the steps in our evidence checklist and photograph:
- The truck's USDOT number, usually on the cab door
- The company name and any MC number
- The trailer number and any separate company name on the trailer
- The truck's license plates (tractor and trailer can have different plates)
Look up the carrier
The USDOT number lets you look up the carrier in FMCSA's SAFER system. According to FMCSA, the SAFER Company Snapshot shows the carrier's identification numbers, operation type, cargo carried, inspection and crash summaries, safety rating, and operating status. This can help you or your lawyer identify the right company and see its safety history.
At the scene
If you're able:
- Call 911 and get medical care. Truck crashes often cause serious injuries.
- Get the truck driver's name, license, and employer.
- Photograph the USDOT number, company name, plates, and trailer.
- Get witness names and phone numbers.
- Avoid detailed discussions with the trucking company's representatives. Carriers sometimes send investigators to crash scenes quickly.
Dealing with the trucking company's insurer
Don't be surprised if the carrier's insurer calls within a day or two. Their adjusters handle serious crashes every week. Before you talk:
- Don't give a recorded statement to the carrier's insurer before you understand your injuries. See recorded statements to insurance.
- Don't sign medical authorizations or releases without reading them closely.
- Keep a written log of every contact.
The NAIC suggests keeping notes of every conversation and asking for written explanations of decisions. See also dealing with insurance adjusters.
Fault and deadlines
Your state's fault rules still apply to a truck crash. In most states, your recovery is reduced by any share of fault you have, and in some states it can be barred if your share is too high. Try our comparative fault calculator.
The usual statute of limitations applies, but claims against government-owned trucks, such as city garbage trucks, may require a notice of claim within a much shorter period. Check your state's page under car accident laws.
If a crash caused a death, see wrongful death claims.
Why legal help is common in truck cases
Truck claims often involve:
- Serious injuries and large damages
- Several defendants and insurers
- Federal regulations and technical evidence
- Evidence that must be preserved quickly
That's why many people speak with a lawyer who handles commercial vehicle cases. Most injury lawyers work on contingency. See do I need a lawyer, how to choose and verify a lawyer, and contingency fees explained.
The first two weeks after a truck crash
Get the USDOT number off the cab door, even if it's just a phone photo, and look the carrier up in SAFER. That number tells you who to put on notice. Ask early, or have a lawyer ask, for the ELD logs, black box data, camera footage, and maintenance records to be preserved, because the carrier controls them. Remember that the driver may be only one of several responsible companies, and that the federal floor for general freight trucks of 10,001 lbs or more is $750,000 in liability coverage, with higher minimums for hazmat and passenger carriers. Hold off on recorded statements to the trucking insurer until you know how badly you're hurt.