What Happens If a Commercial Truck Hits You?

A collision with a commercial truck is nothing like a typical fender bender. The size difference alone makes serious injuries more likely, and the legal side is more complicated because companies, insurers and federal safety rules are involved. Here is what usually happens, step by step.

At the scene

1. Call 911 and ask for police and medical help. A police report is important documentation.
2. Move to safety if you can do so without worsening an injury.
3. Photograph everything: vehicle positions, damage, skid marks, road conditions, your injuries, and the truck's door markings, plates and USDOT number.
4. Collect information from the driver and any witnesses. Note the company name on the truck, not just the driver's insurance.
5. Avoid arguing about fault. Stick to the facts.

In the first days

See a doctor and follow the treatment plan, since gaps in care are often used to argue that injuries weren't serious. Keep records of every bill, prescription and missed day of work. When the trucking company's insurer calls, you can politely decline to give a recorded statement until you have received legal advice. Early settlement offers are often far lower than the true cost of long-term treatment.

Who can be held responsible?

Unlike most car crashes, a truck crash can involve several liable parties:

• The driver, for speeding, distraction, fatigue or impairment.
• The trucking company, which is generally responsible for employees acting within their job, and may also be liable for negligent hiring, training or supervision.
• The cargo loader or shipper, if unbalanced or unsecured freight contributed to the crash.
• A maintenance contractor or parts manufacturer, if brakes, tires or other components failed.
• A freight broker, in some situations involving the selection of an unsafe carrier.

Why truck crash claims investigate differently

Federal rules require commercial drivers to track hours of service, and trucks often carry electronic logging devices, engine control modules and sometimes dash cameras. These sources can show speed, braking and driving hours just before impact. Carriers must keep some records, such as driver logs and supporting documents, for six months, so a written preservation request sent early can make a real difference. Driver qualification files, drug and alcohol test results and maintenance records are also important.

What insurance covers

Federal rules set a minimum amount of liability coverage for motor carriers, starting at $750,000 for most general freight, with higher minimums for certain hazardous cargo. Many carriers carry more through additional policies. The exact coverage available in your case depends on the carrier, the cargo and the policies in place.

What compensation may include

• Medical bills, past and future, including rehabilitation
• Lost wages and reduced earning capacity
• Pain and suffering and loss of enjoyment of life
• Property damage
• In fatal crashes, funeral costs and wrongful death damages for the family

No one can promise a result, and outcomes depend on the facts, the injuries and the law in your state. Some states reduce compensation if the injured person is found partly at fault, and a few bar recovery above a certain percentage.

Mistakes that can hurt a claim

• Posting about the crash or your injuries on social media
• Giving a recorded statement before understanding your rights
• Accepting the first settlement offer
• Skipping follow-up medical appointments
• Waiting too long to ask for help, while evidence is overwritten

For crash statistics and safety rules, see FMCSA and NHTSA. This article is general information and is not legal advice.

Frequently asked questions