What to do after a truck crash
Call 911 for an emergency and follow the responders' instructions. Get medical attention appropriate to your injuries. If you can do so safely, record the truck's company name, license plate, and USDOT number, exchange driver and insurance information, and collect witness contact details. Do not enter traffic or approach an unstable truck to take photographs.
Keep photographs, messages, medical records, receipts, and information about missed work. Report the crash to your own insurer according to your policy. Before signing a release or giving a recorded statement to another party's insurer, understand what is being requested and consider legal advice. You do not need a completed police report to speak with a lawyer.
How we investigate a commercial truck crash
Commercial truck claims may involve records held by several businesses. We look for evidence that connects a specific act or failure to your injuries, rather than assuming that the truck's size proves fault.
Truck accident evidence and why it matters| Evidence | What it may help establish |
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| Dashcam footage, scene photographs, and witnesses | Vehicle positions, lane changes, signals, visibility, and the sequence of impacts. |
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| Electronic logging and dispatch records | Driving and work schedules, routes, and whether fatigue needs further investigation. |
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| Engine data and other vehicle recordings | Available speed, braking, or other recorded information. The data depends on the equipment installed. |
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| Inspection and repair records | Reported brake, tire, lighting, or other problems and what was done about them. |
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| Cargo and loading records | What the truck carried, how it was secured, and who handled loading. |
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| Company, driver, and insurance records | Who employed the driver, who controlled the trip or vehicle, and which insurance policies may apply. |
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| Medical, employment, and expert evidence | Your injuries, treatment, missed work, and supported future care or earning needs. Serious lasting injuries may call for medical, life-care, or economic analysis. |
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An electronic logging device records driving-duty information; it is not required to record speed or braking. Other onboard equipment may provide different data.
The carrier may hold driver logs, dispatch messages, and truck records; repair and loading businesses may hold separate records. Video may belong to a driver or a nearby business. Retention periods vary. For example, covered motor carriers generally retain duty-status records and supporting documents for six months under 49 CFR 395.8. That is not a deadline for every type of truck data. A lawyer can request preservation of relevant records and equipment; a request does not guarantee that everything exists or will be recovered.
Who may be responsible?
The driver is one possible defendant. The evidence may also support a claim involving an employer or another business. Each party's role, conduct, and connection to the crash must be established.
Questions used to identify responsible parties| Party to investigate | Key question |
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| Truck driver | Did unsafe driving, distraction, fatigue, or another driving error contribute? |
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| Trucking company or employer | Was the driver acting within the scope of employment? Did the company's own hiring, supervision, or maintenance practices contribute? |
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| Loading or maintenance business | Did improperly secured cargo or negligent repair work help cause the crash? |
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| Truck or component manufacturer | Did a vehicle or component defect contribute, and can the physical evidence establish it? |
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| Road contractor or public entity | Did a work-zone hazard or dangerous road condition contribute? Different liability requirements and deadlines can apply. |
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Federal rules require covered carriers to systematically inspect, repair, and maintain vehicles under their control. These maintenance duties can guide an investigation. A safety violation alone does not establish every element of an injury claim.
What compensation may cover
A supported injury claim may include medical expenses, future care, lost earnings, reduced earning capacity, property damage, and the pain and disruption caused by the injuries. These categories appear in California's civil jury instructions on damages. Medical opinions, employment records, and information about your daily limitations help document those losses. The available recovery depends on liability, the evidence, and applicable insurance and law.
A settlement should be evaluated against your needs, including treatment still ahead, rather than a supposed average truck settlement. Our truck accident results illustrate why outcomes differ. If someone died in the crash, the family may have a wrongful death claim with different rules about who may bring it and the losses recoverable.
What if you were partly at fault?
California generally uses comparative fault, explained in CACI 405: responsibility assigned to you can reduce your recovery without automatically preventing a claim. An insurer's initial fault assessment is not the final word. The investigation should consider every vehicle's actions and any company or equipment failures that contributed.
California filing deadlines
Most personal injury lawsuits must be filed within two years of the injury. A claim against a public entity generally must be presented within six months for injury or death, before a lawsuit can proceed. Separate lawsuit deadlines follow, and exceptions can change the calculation. Children and other special circumstances require individual review.
An insurance claim and a lawsuit are different steps. Negotiating with an insurer does not, by itself, extend the filing deadline. The California Courts deadline guide explains the general rules. Have a lawyer identify the applicable dates from the crash facts, the defendants, and any notices you receive.
Meet the lawyers and check their experience
Choosing a California truck accident attorney involves more than comparing a settlement total. Ask about relevant cases, the investigation, who will communicate with your family, and how the firm prepares a disputed claim.
- Jim Larsen is identified in GJEL's published Sacramento County truck case. He resolved the claim for $420,000 after a semi-truck entered the client's lane on I-5. The case study describes the investigation, documented treatment, and negotiations without filing a lawsuit.
- Luke Ellis has recognition from Best Lawyers and Super Lawyers, and holds a Top 10 Trucking membership recognition from The National Trial Lawyers specialty association.
- Andy Gillin, GJEL's founding and managing partner, has represented injured Californians since 1972. His biography explains his education, practice, and professional recognition.
GJEL is ranked Tier 1 in Oakland for Personal Injury Litigation, Plaintiffs, in the 2026 Best Law Firms rankings. The firm's 400+ Google reviews and 4.9 average describe client experiences across its practice, not only truck cases. Read client reviews and the attorney profiles alongside the published truck results. Recognitions and past results do not predict the outcome of your case.
