What Happens When A Trucker Gets Into An Accident?

When a trucker gets into an accident, the crash is investigated by police, insurance companies, and federal safety agencies to determine liability. Victims, including the truck driver, may face medical bills, lost income, or long-term injuries. Trucking companies may also face lawsuits, fines, or downgraded safety ratings. Because trucks are heavier and subject to strict regulations, these crashes often lead to complex legal disputes involving multiple parties.

If you were in a truck accident, whether as a driver or another road user, understanding what happens next can help you protect your rights, meet legal deadlines, and avoid costly mistakes.

Here are some quick facts on truck accidents:

What You Need To Know About Truck Accidents

From January to June 6, 2025, the Federal Motor Carrier Safety Administration recorded 54,435 truck crashes nationwide. Learning how often truck drivers get into accidents can put those numbers into perspective.

Over 25,154 truck drivers were injured, including 1,552 in California alone. These crashes disrupt lives and trigger legal procedures that can be overwhelming without guidance.

If you’re a trucker involved in a crash, or someone injured in one, here’s what usually happens after:

What Truckers Must Do At The Scene

What you do right after a crash can affect your safety, health, and legal situation. Taking these recommended steps may protect everyone involved and help build your case later:

Even if you feel okay, always visit a doctor after the crash. Some injuries appear hours or days later and can become serious without early care.

If your injuries make it hard to collect evidence, a truck accident lawyer can act quickly after the crash to gather relevant evidence and help you understand potential legal pathways.

How Responsibility Is Determined After A Truck Crash

Determining who is legally responsible for a truck collision is a critical step that is handled through investigations by police, insurers, and sometimes federal agencies. A driver’s actions, driving history, and the truck’s condition all factor into the outcome.

A truck accident attorney’s role is to help gather and preserve this evidence, explain how it may affect your case, and present it effectively in negotiations or court. These key elements are often reviewed:

• Police Report — Officers gather crash data and witness statements. This report often plays a central role in insurance and legal claims.
• Your Statement — You’ll likely explain what happened to your employer and possibly transportation authorities.
• Company Review — Employers may check driving logs, trip details, and vehicle condition to assess what went wrong.
• Evidence Gathering — The following may help show who may be liable:
  • Photos of the crash scene
  • Eyewitness statements
  • Black box data from the truck
  • Road/weather conditions
  • Maintenance records
  • Hours-of-service logs
• Federal Oversight — In serious accidents, agencies like the National Transportation Safety Board (NTSB) or Federal Motor Carrier Safety Administration (FMCSA) may step in to review whether you and your company followed all safety regulations, including proper training, rest periods, and truck upkeep.
• DOT Reporting — If serious injuries, fatalities, or towing occurred, you must report the crash to the U.S. DOT within 24 hours. The report should include:
  • Date and location of the crash.
  • Your name and commercial license number.
  • Number of injuries or deaths.
  • Whether hazardous materials were released.
• Drug & Alcohol Testing — A post-crash test may be required. In California and federally, truckers must remain below a blood alcohol concentration (BAC) of 0.04%.

These steps help establish whether human error, a mechanical issue, or a policy failure caused the crash. Liability may shift away from the driver if the fault lies with truck maintenance or employer conduct.

A truck accident lawyer can explain what they do to gather and present this evidence in negotiations or court.

Accurate records and early legal guidance can support your case. A lawyer experienced in truck accident cases can act quickly after the crash to gather relevant evidence and clarify your legal options.

Legal Challenges Injured Parties May Face

Legal issues after a truck crash can be complex. They depend on the cause of the crash, the actions of each party, and whether any safety violations occurred. Some of the legal complications you may face include:

Comparative Fault And Shared Responsibility

Several at-fault states have different rules for assigning fault in a truck crash:

• Modified Comparative Negligence — In some states, you cannot receive compensation if you are 50% or more at fault. If you’re less than 50% at fault, your payment is reduced based on your share of blame.
• Pure Comparative Negligence — Many at-fault states, including California, follow the pure comparative fault rule. That means you can still get compensation even if you’re mostly at fault. Your percentage of fault reduces your payment.

Example: If you’re 90% at fault and your damages are $1,000,000, you may still get $100,000.

Fault disputes often delay or reduce claims. A lawyer can explain how fault is determined, guide you through the evidence-gathering process, and help you understand your legal options.

Traffic Violations And Negligence

If traffic laws were broken, like speeding, distracted driving, or DUI, the responsible party may face civil penalties and liability. Negligence may also include:

• Failing to inspect the truck.
• Ignoring safety warnings.
• Not following company procedures.

These issues often result in insurance problems, lawsuits, or even fines.

Violations Of Federal Trucking Rules

Truck drivers and their employers must follow strict safety rules set by the FMCSA and the DOT. Failing to do so can lead to both safety risks and legal trouble. Common violations include:

• Hours-of-Service (HOS) Violations — You must follow hours of service regulations that limit how long you can drive without rest. Violating these rules can lead to fatigue, increasing the crash risk.
• Improper Cargo Loading — Overloaded or unsecured cargo can shift during travel and cause the driver to lose control of the vehicle.
• Poor Maintenance — Ignoring regular checks on brakes, tires, or steering systems can result in mechanical failures.

In some cases, the company may bear more responsibility than the driver, especially if it failed to train or supervise its drivers properly.

Impact Of The Accident On A Driver’s Career

Beyond the physical and emotional toll, a crash can impact your job and livelihood:

• Termination — Your employer may end your contract.
• Insurance Increases — Premiums may go up, making it more expensive.
• CDL Suspension or Revocation — A mark on your record could mean losing your commercial license.

In such instances, an employment lawyer with truck crash experience can explain your rights and help with any disciplinary process.

Parties That May Be Responsible For The Crash

One or more parties may share responsibility depending on how the accident happened, including:

• The Truck Driver — They may be found liable if they:
  • Broke traffic laws (like speeding or DUI).
  • Violated hours-of-service rules.
  • Failed to drive safely or cautiously.

  Note: Truck drivers aren’t always at fault. They’re also sometimes victims, especially when poor maintenance, long shifts, or unsafe work conditions are involved.

• Trucking Company — Employers can be held responsible under the concept of vicarious liability if the crash happens while the driver is working. A company may also face direct liability when it:
  • Fails to maintain the safety checks on trucks or skips.
  • Hires or keeps unsafe or unqualified drivers.
  • Ignores safety rules set by the FMCSA or DOT.
• A Third Party — Someone outside of the driver or company may also be at fault, including:
• Parts Manufacturers — If a tire, brake, or engine part fails due to a defect.
• Repair Shops — If they don’t properly fix or inspect a truck.
• Cargo Loaders — If they overload the truck or don’t secure items correctly.
• The Truck Owner — Under California law, the vehicle owner can be responsible for injuries or deaths caused by someone driving their truck, even if that person is an employee.

California follows a comparative fault system, where multiple parties can share blame. In pure comparative fault states, victims can still seek compensation even if they’re mostly at fault. Speak with a truck accident lawyer who can evaluate your case and explain how fault percentages may affect the amount of compensation you could recover.

Types Of Truck Accidents And Common Causes

Truck crashes can happen in many ways, and each type can lead to serious consequences for everyone involved. Knowing what happens next can help you protect your rights.

• Rollover Accidents — A truck can roll onto its side or roof when taking a curve too fast, hitting a curb, or when uneven cargo shifts the balance.
• Jackknife Accidents — These occur when a trailer swings out to form a sharp angle with the cab, usually during sudden braking or on slippery roads.
• Underride Collisions — A smaller vehicle ends up stuck under the side or back of a truck, which can lead to life-threatening injuries.
• Override Collisions — A large truck may run over the back of a smaller car, usually because it is tailgating or does not have enough space to stop in time.

These accidents don’t just happen on their own. The number one cause of truck collisions is driver error. Common examples include:

• Fatigue driving
• Distracted driving
• Speeding
• Blind spot errors
• Sudden stops
• Aggressive driving
• Drunk driving
• Failing to take mandated breaks

However, other external factors can also contribute to truck crashes, such as:

• Adverse weather
• Brake failure
• Lack of maintenance
• Dangerous road conditions

Regardless of the cause, a truck accident can bring legal, financial, and personal consequences. Knowing what type of crash happened and why can help you pursue compensation or protect your rights. For instance, if the weather conditions, like rain, contributed to the accident, rain accident lawyers can investigate to determine who may be liable for your case.

Recommended Steps To Protect Your Right To Compensation

After a truck crash, you may face serious challenges, including medical bills, time away from work, and lasting pain that affects your daily life. Taking the proper steps early can strengthen your case and support your claim.

1. Start with a Medical Check-Up — See a doctor, even if you feel fine. Some injuries don’t show up right away. Medical records also link your injuries to the crash, which supports your claim.
2. Gather Evidence — Keep anything related to the crash, including:
   1. Photos or videos of the scene
   2. Medical bills and reports
   3. Repair estimates
   4. Proof of lost income
3. Talk to a Personal Injury Lawyer — Big rig accident claims often involve multiple parties and complex rules. A truck accident lawyer can:
   1. Find out who’s responsible.
   2. Calculate your losses.
   3. Deal with the insurance company.
   4. File a lawsuit if needed.

In California, there’s no limit (cap) on what you may be eligible to recover in most personal injury cases. You can pursue both financial and non-financial damages, depending on your situation.

Types Of Compensation You May Be Eligible To Recover

You may be able to recover different types of damages based on how the crash affected your life. To understand what damages victims may collect, it helps to review both economic and non-economic losses.

• Economic Damages — These cover financial losses, such as:
  • Medical bills (past and future)
  • Lost wages
  • Reduced future earning ability
  • Property damage
• Non-Economic Damages — These cover how the accident changed your life:
  • Pain and suffering
  • Emotional distress, PTSD, anxiety
  • Loss of enjoyment of life
  • Loss of companionship
• Punitive Damages — In rare cases, the court may award you extra compensation to punish the at-fault party for reckless or intentional actions, such as DUI or extreme negligence.

If the crash led to a death, surviving family members may file a wrongful death claim under California law. This allows them to seek compensation for:

• Loss of financial support
• Funeral expenses
• Loss of love, comfort, and guidance

A wrongful death lawyer can help gather the necessary records and prove who is responsible for your loved one’s death.

Frequently Asked Questions About Truck Accidents

Getting into a crash involving a large truck can turn your life upside down, whether you’re another driver, a pedestrian, or the trucker behind the wheel. You may face serious injuries, rising medical bills, or stressful insurance issues. Our lawyers answer the following common questions to help you understand your rights, your legal options, and what to do next, no matter your role in the accident.

How Much Does It Cost To Hire A California Truck Accident Lawyer?

If you’re thinking, “I need a personal injury lawyer” after a truck accident, it’s important to know how legal fees work. Most truck accident lawyers in California work on a contingency fee basis. This payment structure means:

• No Upfront Costs — You don’t pay anything when you hire the lawyer.
• Payment Only If You Win — The lawyer only gets paid if you receive compensation through a settlement or court verdict. You will not owe us anything unless we recover money for you.

The percentage may vary, so discuss the agreement before signing. We will also discuss any potential case costs so you know what to expect before moving forward with the case.

How Much Is A Truck Accident Case Worth?

Every case is different, and the value depends on many factors. Truck crashes often lead to more serious injuries, which usually means higher compensation than in car accidents. Many clients ask how much most truck accident settlements are to get an idea of potential outcomes.

Here are a few key things that affect how much your case might be worth:

• Severity of Injuries — Long-term or permanent injuries can raise the value of your case.
• Medical Bills & Future Care — Hospital stays, surgeries, therapy, chiropractic care, and long-term care increase the claim.
• Lost Wages — If you miss work or can’t return to your job, you may receive compensation for lost income.
• Pain & Suffering — You may be compensated for emotional distress, physical pain, or loss of enjoyment in daily life.
• Insurance Policy Limits — The truck driver or company may have high insurance coverage, but it can still have limits.

To understand your case’s value, speak with a truck accident attorney who can review the facts and guide you through the process.

How Long Do I Have To File A Truck Accident Lawsuit In California?

You generally have two years from the accident date to file a personal injury lawsuit. However, this timeline may be extended in some cases involving delayed discovery of injuries. The specific deadline, known as the statute of limitations, can vary based on when you discovered or reasonably should have discovered your injury. If you miss this deadline, you may lose your right to compensation.

However, there are important exceptions:

• Claims Against a Government Agency — You must file a claim within 6 months if a public entity is involved (like a city-owned truck). Special rules apply.
• Delayed Discovery — If an injury is not discovered right away (like from toxic cargo), the clock starts when you find out, or should have found out, what caused the harm.

It’s not always clear which deadline applies to your case. Some exceptions can pause the time limit, but they can be tricky. If you’re unsure or think your deadline has passed, speak with a personal injury lawyer. They can review your situation and explain your options.

What Evidence Is Needed To Prove Liability In A Fatal Truck Accident?

In fatal truck accidents, strong evidence is critical. It helps show who was responsible and why the crash happened. A skilled attorney can gather and protect this evidence, which may include:

• Driver’s Logbooks — To check if the trucker was over their legal driving hours or skipped breaks.
• Black Box Data — Records speed, braking, and more during the crash.
• Police Reports — Include findings from the investigation and witness statements.
• Maintenance Records — May show if the truck was poorly maintained or had mechanical problems.
• Photos & Videos — From traffic cameras, dashcams, or bystanders.

This type of case often involves both the driver and the trucking company. Car accident lawyers assisting truck crash victims can connect the pieces, establish fault, and seek compensation for the victim’s family.

What If I Get Hit By A Driverless Truck In California?

Even if no one is behind the wheel, you can still file a claim after a crash involving a self-driving truck. These cases work differently from regular truck accidents, but your right to seek compensation still applies. Self-driving car accident lawyers can work with subject-matter experts to understand how the accident occurred and who may be potentially accountable.

According to an NBC Bay Area report, the California DMV is developing plans to allow driverless big rigs on state highways. The state still restricts autonomous trucks over 10,000 pounds until it finalizes the rules. However, companies have already tested these vehicles in other states and countries.

If you get hit by a driverless truck in CA, one or more parties may be held responsible, such as:

• The Tech Developer — For issues with the self-driving software or sensors.
• The Truck Manufacturer — If a design or mechanical flaw contributed to the crash.
• The Vehicle Owner or Operator — For failing to maintain or monitor the truck.
• The Business Using the Truck — If poor oversight or decisions led to the accident.

These cases can be complex because multiple companies might be involved. A lawyer for truck accident cases can review the facts and help identify who may be legally at fault.

Can I Sue A Trucking Company After An Accident?

Yes, you may be able to sue the trucking company, depending on how the crash happened. Under California’s legal rules that hold companies responsible for their employees’ actions (aka, vicarious liability law), a company can be held accountable for a truck driver’s actions while on the job.

In some cases, the company may also be directly at fault. This can happen when the business fails to follow safety regulations or creates unsafe conditions that lead to a crash. Examples include:

• Skipping Safety Inspections — Not checking the truck properly before sending it out.
• Improper Cargo Loading — Letting drivers operate with unsecured or unbalanced loads.
• Poor Maintenance — Failing to fix brakes, tires, or other key parts.
• Negligent Hiring or Training — Employing drivers without proper checks or safety training.

Trucking companies are legally required to keep their vehicles and drivers safe. When they don’t, and someone gets hurt, they can be held legally responsible.

Why Are Truck Collisions More Severe?

Truck crashes are more dangerous because of the size and power of commercial trucks. A fully loaded big rig can weigh up to 80,000 pounds, while most passenger cars weigh only around 3,000 pounds. That difference makes a significant impact in a collision.

Some reasons these crashes are more severe:

• Longer Stopping Distances — Trucks take more time and space to stop safely.
• Greater Force of Impact — The weight creates stronger forces in a crash.
• Limited Maneuverability — Big trucks can’t turn or react as quickly and have large blind spots.

Victims often suffer serious or fatal injuries due to these factors, which can lead to large settlements or damage awards.

Do Most California Truck Accident Cases End Up In Court?

Not always. Many truck accident cases in California settle before going to court. Settlements happen when both sides agree on a payment amount without a trial.

Here’s what usually happens:

1. Your truck accident attorney and the insurance company gather evidence and try to reach a fair agreement.
2. If both sides can’t agree, your lawyer may file a lawsuit to push for fair compensation.
3. Only a small number of cases reach trial. Most still settle during the legal process.

An experienced truck crash lawyer can guide you through each step and help you decide whether to settle or pursue a lawsuit.

Contact Our California Truck Accident Lawyers

At AK Law, we understand that many people look for free accident lawyer advice after a truck crash because the legal process can feel overwhelming. Our team can review your situation, explain the steps in a truck accident claim, and discuss your options.

Our team represents people of all backgrounds, regardless of their immigration status, language, gender, or race. We also represent truck drivers who got seriously injured due to someone else’s negligence or unfairly blamed in crashes involving:

• Amazon trucks
• Costco trucks
• Delivery trucks
• Dump trucks
• FedEx trucks
• Moving trucks
• Semi-trucks
• U-Haul trucks
• UPS trucks

You don’t have to figure this out alone. We can discuss your situation and explain the legal process. We offer:

• Free Initial Consultation — No cost to discuss your truck accident case and learn about your legal options.
• Statewide Service — We handle truck accident cases across California, regardless of where the crash happened.

Call us at (888) 488-1391 or complete our “Do I Have A Case?” form to get started. You can also review our guide to hiring the best truck accident lawyer to learn what to look for before choosing legal representation.