What To Do After A Truck Accident?

If a truck hit you, call 911, get checked by a doctor, and photograph the truck’s USDOT number. Then call a lawyer quickly, because the trucking company controls the driver’s logs and federal rules require it to keep them for six months.

J&Y Law represents truck accident victims across California. Call (877) 735-7035 for a free consultation.

A J&Y client wrote that her father was hit by an eight-wheeler with no witnesses, and that other firms dropped or declined the case. She says Yosi Yahoudai got justice for the case less than a year after her referral (read the review).

Get to Safety and Call 911

Move out of traffic if you can do so safely, then call 911 and report every injury. Ask the officer for the report number. If the California Highway Patrol (CHP) handled your crash, you can request the report with form CHP 190.

Get Medical Care the Same Day

See a doctor or go to an emergency room the same day, even if you feel fine. The Insurance Institute for Highway Safety (IIHS) reports that in 2024, 96% of the vehicle occupants killed in two-vehicle crashes between a large truck and a passenger vehicle were in the passenger vehicle.

The CDC says concussion symptoms can appear hours or days after a crash, and a same-day exam dates your injuries to the crash on your medical record.

Photograph the Truck and the Carrier

Photograph the truck’s USDOT number first, because it identifies the trucking company. Federal rules require the carrier’s name and USDOT number on both sides of the truck (49 C.F.R. § 390.21). Then photograph the vehicle damage and your injuries. Collect the driver’s license and insurance information and any witness phone numbers.

Look up the carrier on FMCSA’s free SAFER Company Snapshot. It shows the carrier’s safety rating and its inspection and crash information.

Limit What You Say and Post Online

Never say the crash was your fault. California uses pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804), so your compensation drops by your percentage of fault but you can still recover when you share blame.

You have no policy with the trucking company’s insurer that requires a recorded statement. Refer its adjuster to your lawyer, and do not post about the crash on social media.

Preserve the Evidence the Trucking Company Controls

The carrier keeps these records for a limited time:

• Driver logs: Records of duty status and supporting documents are kept for six months from receipt (49 C.F.R. § 395.8(k)).
• Drug and alcohol tests: After a fatal crash or some cited crashes, the employer must stop trying to give the alcohol test after eight hours and the drug test after 32 hours.

A lawyer sends a preservation letter, a written demand that the carrier keep this evidence and its GPS data. It should arrive before the six-month period ends.

Report the Crash to the DMV Within 10 Days

If you were driving, file an SR 1 report with the California DMV within 10 days when anyone was hurt or killed, or when property damage to any one person exceeds $1,000 (Veh. Code § 16000).

File Your Lawsuit Within Two Years

California’s general deadline to sue for an injury or death caused by another person’s negligence is two years (Code Civ. Proc. § 335.1). The six-month log period ends long before that, so do not wait.

Meet the Six-Month Government Claim Deadline

If a city, county, or state vehicle hits you, you must present a written claim to the public entity within six months for an injury or death (Gov. Code § 911.2).

Hire a Truck Accident Lawyer Early

Call a lawyer before you give a statement, sign a release, or accept an offer. A claim can reach the driver, the trucking company, and parties such as the cargo loader.

If the driver says he owns the truck, federal leasing rules still require the lease to give the carrier exclusive possession, control, and use of the equipment (49 C.F.R. § 376.12(c)(1)).