Hurt in a car or truck crash?
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What to do now
Call 911 if anyone is hurt and accept medical care. Rear-end impacts from a heavy truck often cause neck, back and head injuries that show up hours or days later. Take photos of both vehicles, the truck’s door markings, the USDOT number and the trailer. Ask witnesses for their names and phone numbers.
Keep every claim number and the officer’s name and report number. Do not sign a release or give a recorded statement before you get legal advice. Keep receipts for treatment, medicine, rides and missed work. The general deadline to file an injury lawsuit in California is two years (Code of Civil Procedure 335.1).
- Get medical care the same day if you can
- Photograph the truck, its USDOT number and the damage
- Get witness names and numbers
- Write down the report number and claim numbers
- Do not sign releases or give recorded statements yet
Who is at fault when a truck rear-ends you
The driver behind usually has the job of keeping a safe distance. A semi that hits a car from behind often points to following too close, speeding, distraction or fatigue. When the truck is the vehicle behind, the driver usually has some explaining to do. Read more on who is at fault in a rear-end accident.
Insurers sometimes argue that the car ahead stopped suddenly or cut in. Even if that were partly true, California’s pure comparative fault rule only reduces what you recover by your share of fault (Li v. Yellow Cab Co.). It does not erase your claim. Photos of where the vehicles ended up and the damage pattern often show how the crash really happened.
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Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
Truck records that can prove what happened
Many trucks have electronic logging devices, engine data and cameras that record speed, braking and the moments before impact. See truck black box and dashcam evidence. Federal rules require carriers to keep drivers’ records of duty status and supporting documents for six months (49 C.F.R. 395.8). After that, they may be gone, which is why a written request to preserve them should go out early.
Fatigue is a common factor in rear-end truck crashes. A property-carrying driver may drive at most 11 hours after 10 hours off duty and must take a 30-minute break after 8 hours of driving (49 C.F.R. 395.3). The logs show whether the driver stayed inside those limits, and they can be compared with fuel receipts, toll records and delivery times to check that they are accurate.
Drug and alcohol testing after the crash
Federal rules require the trucking company to test its driver after certain crashes, such as when someone is injured and treated away from the scene and the driver receives a citation for a moving violation (49 C.F.R. 382.303). Testing is also required after any fatal crash. An alcohol test not done within 8 hours must be abandoned, and a drug test not done within 32 hours must be abandoned too.
Ask whether the officer issued a citation and whether you were taken for treatment. Those details affect whether a test was required. Our page on drug and alcohol testing after a truck crash explains more. If a required test was skipped, that can be evidence about how the company runs its safety program.
How Beverly Law can help
We send the trucking company a written request to keep its logs, engine data and video, and we deal with the insurer so you can focus on getting better. We also check the carrier’s insurance, since interstate for-hire carriers hauling ordinary freight must carry at least $750,000 in coverage (49 C.F.R. 387.9). Knowing the policy and the other insurance in play helps set a realistic goal for your claim.
You owe no fees or costs unless we win. Learn about our California truck accident lawyer services, or if the crash happened in Washington, our Washington truck accident lawyer page. Washington’s general deadline is three years (RCW 4.16.080). The first call is free. Call (310) 552-6959 or use the form on this page.
Common questions
Is the truck driver always at fault in a rear-end crash?
Usually the driver behind is found mostly at fault, but not always. A sudden lane change in front of the truck or brake lights that did not work can shift some blame. In California your share of fault lowers your recovery but does not end it.
Should I go to the doctor if I feel fine after being rear-ended by a semi?
Yes. Injuries from a heavy truck impact can take hours or days to show symptoms. A same-day or next-day visit protects your health and creates a record that links the injury to the crash, which the insurer will look for.
Can I get the truck’s dashcam video?
Often yes, if it still exists. Video and engine data can be overwritten, so a lawyer should ask the trucking company in writing to keep it as soon as possible. If a lawsuit is filed, the company can be required to produce it.
Who pays my car repairs after a semi rear-ended me?
The trucking company’s insurer usually pays for property damage when its driver caused the crash. You can also use your own collision coverage and let your insurer seek repayment. In California the general deadline for a property damage lawsuit is three years (Code of Civil Procedure 338).
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · What causes a truck to jackknife? · All car and truck accident questions
Sources
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.