Washington Truck Accident Lawyer: Deadlines, Fault and What Trucking Companies Must Preserve

Why a truck case is different from a car accident case

A commercial truck case usually has more than one responsible party and a set of federal safety rules that a passenger car driver never has to follow. Federal law applies to vehicles rated 10,001 pounds or more that are used in interstate commerce (49 CFR 390.5), so it covers far more than 18-wheelers: box trucks, dump trucks, tow trucks and many delivery trucks qualify.

The rules create a record. A property-carrying driver may drive at most 11 hours after 10 consecutive hours off, may not drive past the 14th hour on duty, and must take a 30-minute break after 8 hours of driving (49 CFR 395.3). Most trucks record those hours on an electronic logging device, and the carrier must keep the logs and supporting documents for six months (49 CFR 395.8).

The carrier must also keep an accident register for three years (49 CFR 390.15), inspection and maintenance records for every vehicle it controls for 30 days or more (49 CFR 396.3), the driver’s qualification file for three years after the driver leaves (49 CFR 391.51), and after a crash with a death, or an injury or tow-away plus a citation, it must test the driver for alcohol within 8 hours and drugs within 32 hours (49 CFR 382.303).

Insurance is larger than in a car case. A for-hire interstate carrier of ordinary freight must carry at least $750,000 in liability coverage, and carriers of the most dangerous hazardous materials $5,000,000 (49 CFR 387.9). Anyone can look up a trucking company’s safety record on FMCSA’s SAFER system and its insurance filings on the FMCSA Licensing and Insurance site.

How long do I have to file a truck accident claim in Washington?

Three years from the crash for an injury claim (RCW 4.16.080(2)). The same three-year limit applies to a wrongful death claim, which is brought by the personal representative of the estate for the benefit of the spouse or registered domestic partner and children, or, if there are none, the parents or siblings (RCW 4.20.020).

If a city, county or other local government was involved, a claim must first be presented to the entity’s designated agent, and no lawsuit may be filed until 60 days have passed; the limitations period is paused during those 60 days (RCW 4.96.020). Claims against the State of Washington go to the Office of Risk Management with the same 60-day wait (RCW 4.92.110).

What if I was partly at fault?

Washington uses pure comparative fault: your damages are reduced by your percentage of fault, but you can still recover even if you were mostly at fault (RCW 4.22.005).

How much is a Washington truck accident case worth?

It depends on the injuries, future medical care, lost earnings and the insurance available. Washington has no general cap on non-economic damages; the Washington Supreme Court struck down the 1986 statutory cap, former RCW 4.56.250, as a violation of the right to a jury trial (Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989)), and the Legislature repealed the dead statute in 2023.

Punitive damages are not available under Washington law unless a statute specifically allows them (Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)). When the trucking company is based in another state, a Washington court can sometimes apply that state’s punitive damages law, which is one of the first things we check.

Washington’s trucking rules

The Washington State Patrol has adopted the federal motor carrier safety regulations, including the hours-of-service, driver qualification, drug and alcohol testing, insurance, equipment and maintenance rules in 49 CFR Parts 382 through 396, for carriers operating in Washington in both interstate and intrastate commerce, with limited exceptions for log and dump trucks (WAC 446-65-010). That means the federal record-keeping rules described above apply to nearly every commercial truck on Washington roads, not only to trucks crossing state lines.

Who can be held responsible

• The driver, for careless driving, fatigue, distraction or impairment.
• The motor carrier, for its driver’s conduct and for its own hiring, training, scheduling, dispatch and maintenance decisions.
• The owner of the tractor or the trailer when they are different companies, and a maintenance contractor whose work failed.
• A shipper or loader when a shifting or overweight load caused the crash.
• A manufacturer when a tire, brake or other part failed.
• A government agency when a road defect or a government vehicle contributed, which brings its own short claim deadlines.

What has to be preserved in the first days

• Electronic logging device data and the driver’s logs for the trip, which the carrier only has to keep for six months.
• The truck’s engine control module (“black box”) data: speed, braking and throttle in the seconds before impact. It can be overwritten when the truck goes back into service.
• Dash camera and in-cab camera footage, which many fleets delete on a schedule.
• The post-crash alcohol and drug test results, the driver’s qualification file and hours-of-service records for the previous week.
• Inspection, repair and maintenance records for the tractor and the trailer, and the driver’s vehicle inspection reports when a defect was found (49 CFR 396.11).
• Dispatch records, bills of lading and load weight, which show whether the schedule was possible without breaking the hours rules.

Our first step in every truck case is a written preservation demand to the carrier, its insurer and any broker or shipper, followed by a court order if the company does not confirm in writing.

Who handles your case

Michael Shemtoub founded Beverly Law in 2008 and has litigated truck accident cases for more than a decade. He is licensed to practice law in California and Washington, earned his law degree at UC Hastings, is admitted to practice in the U.S. District Courts for the Central and Northern Districts of California, and has tried cases to verdict. As the firm’s managing attorney, he oversees its truck and commercial vehicle cases. The consultation is free, in English or Spanish, and you owe no fees or costs unless we win.

What to do now

• Get medical care and keep every record and bill.
• Get the police report number and the truck’s USDOT number from the report or the side of the cab.
• Photograph the vehicles, the road, skid marks and your injuries, and get witness names.
• Do not give a recorded statement to the trucking company’s insurer, and do not sign anything before talking to a lawyer.
• Call a lawyer quickly. The trucking company’s investigators are often on the scene the same day, and the logs can be gone in six months.

Common questions

Related pages

California truck accident lawyer · Texas truck accident lawyer · Accident lawyers in Seattle · Daily accident news

Important: This page is general information about the law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and rules depend on the facts of each case; talk to a lawyer about yours. Michael Shemtoub is licensed in California and Washington. Texas matters are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 2, 2026.