Truck accident laws, rights & claims in every U.S. state

Call 911 and get to safety, accept medical care, and ask police to make an official crash report. If you can, photograph the vehicles, the truck's DOT number, the trailer and the scene, and collect witness contact details. Keep copies of every medical bill and record, and avoid giving a recorded statement to the trucking company's insurer before you understand your rights.

Each state sets its own statute of limitations. For most personal injury claims it is two or three years from the date of the crash, but it can be as short as one year in some states and as long as six in others. Claims against government entities often have much shorter notice deadlines. Check the table on this page for your state and confirm the exact deadline with a licensed attorney.

Liability can extend beyond the driver. Depending on the facts, the trucking company, the owner of the truck or trailer, a maintenance contractor, the company that loaded the cargo, or a parts manufacturer may share responsibility. Trucking companies are often responsible for the actions of drivers working for them.

Commercial trucks are governed by federal Federal Motor Carrier Safety Administration (FMCSA) rules on driver hours, inspections, maintenance and drug testing, so a violation of those rules can be important evidence. Truck crashes also tend to involve more serious injuries, larger insurance policies and several potentially responsible companies, which makes them more complex than typical car accident claims.

Federal rules require most interstate carriers hauling general freight to carry at least $750,000 in liability coverage. The minimum rises to $1 million for certain oil shipments and up to $5 million for some hazardous materials. Many carriers carry more than the minimum.

Key evidence often includes the police report, photos, witness statements, medical records, and data held by the trucking company: electronic logging device (ELD) records of the driver's hours, engine control module ("black box") data, maintenance and inspection files, and the driver qualification file. Some of these records only have to be kept for a limited time, so they should be requested early.

It depends on your state. In pure comparative fault states you can recover reduced damages even if you were mostly at fault. In modified comparative fault states you are barred if your share of fault reaches 50% or 51%. A few jurisdictions follow contributory negligence, where being even slightly at fault can bar recovery.

Most truck accident lawyers work on a contingency fee, meaning they are paid a percentage of any settlement or verdict rather than an hourly fee, and nothing if there is no recovery. Percentages commonly fall around one-third to 40%, and case costs may be handled separately. Always ask for the fee agreement in writing.