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Your losses are the starting point
The first part of any value is what the crash has cost you and will cost you. That includes ER visits, surgery, therapy, medication and the care your doctors expect you to need later. It also includes the pay you missed and, if you cannot go back to the same work, the income you will lose over time. Receipts and records prove each part.
Then there are the losses that do not come with a bill: pain, sleep problems, anxiety in traffic, and the things you can no longer do with your family. These are real, and they are often the largest part of a serious claim. A daily journal and statements from people who know you help show the change in your life.
Fault and the evidence behind it
Insurers pay more when the proof of fault is strong. In a truck case, much of that proof sits in company files. Federal rules limit a driver to 11 hours of driving after 10 hours off and bar driving past the 14th hour on duty (49 C.F.R. 395.3). Duty status records, including electronic logs, must be kept for six months (49 C.F.R. 395.8).
The driver qualification file can show the driver’s record and medical certificate (49 C.F.R. 391.51). If the company blames you, the comparative fault rule means your share lowers the recovery but does not end it. Our page on recovering when you were partly at fault explains how that works in practice.
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Who pays and how much insurance there is
Insurance often sets the practical ceiling. For-hire interstate carriers hauling ordinary freight in trucks rated at 10,001 pounds or more must carry at least $750,000 in liability coverage, with $1 million or $5 million required for many hazardous loads (49 C.F.R. 387.9). The company may carry more. See truck insurance minimums for how this compares with cars.
When the driver was working, a California employer is generally responsible for the driver’s conduct on the job (respondeat superior). That can bring the company’s policy and any excess coverage into the claim. A broker, shipper or maintenance company may also have insurance that applies. Finding every policy early is one of the main jobs of your lawyer.
What can reduce what you keep
Some rules lower or limit parts of a claim. Under Proposition 213, a person who owned an uninsured vehicle in the crash, or was driving without required insurance, generally cannot recover pain and suffering, though medical bills and lost wages remain recoverable (Civil Code 3333.4). The same bar applies to an injured driver convicted of DUI for the crash.
Hospital liens are limited: a hospital can collect its lien only from up to half of what is owed to you, after prior liens are paid (Hospital Lien Act). Damages for physical injuries are generally not taxable income, though punitive damages and interest generally are (26 U.S.C. 104). See medical liens for more on what comes out of a settlement.
What to do now
The steps that protect value are simple. Get medical care right away and keep going as your doctors direct, since gaps in treatment are something insurers point to. Keep a folder with bills, receipts, pay stubs and claim numbers. Photograph your injuries as they heal. Write down the names of witnesses and the truck’s company name and USDOT number.
Do not sign a release or give a recorded statement to the trucking company’s insurer before you talk to a lawyer, and do not accept the first offer without advice. Our page on lowball offers explains how to respond. In California, an injury lawsuit generally must be filed within two years (Code of Civil Procedure 335.1). Call (310) 552-6959 or use the form.
- Get treatment and do not skip appointments.
- Keep every bill, receipt and pay stub.
- Photograph your injuries and the vehicles.
- Write down witness names and claim numbers.
- Do not sign releases or give recorded statements before getting legal advice.
Common questions
What is the average truck accident settlement?
Averages are not useful for your case, and we do not publish them. Each settlement turns on the injuries, the costs, the evidence of fault and the insurance available. Two crashes that look alike can resolve very differently. A lawyer can estimate a range only after reviewing your medical records and the trucking company’s files.
Are truck accident settlements bigger than car accident settlements?
They can be, because injuries from trucks are often more serious and trucking companies usually carry more insurance than a personal auto policy. Federal rules set high minimums for many interstate carriers. Still, the value depends on your own losses and proof of fault, not on the type of vehicle alone.
Do I have to pay taxes on a truck accident settlement?
Damages received for physical injuries are generally excluded from income under federal tax law. Punitive damages and interest are generally taxable. How a settlement is written can matter, so ask a tax professional about your situation. Our page on settlement taxes covers the basics.
How long should I wait before settling a truck accident claim?
Usually until your doctors have a clear view of your injuries and future care. Settling before then can leave out costs you have not seen yet. That waiting must still fit within the filing deadline, which is generally two years in California and three years in Washington (RCW 4.16.080).
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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? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions
Sources
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- 49 C.F.R. § 395.3(a)(1)-(3)
- 49 C.F.R. § 395.8(k)(1)
- 49 C.F.R. § 391.51(a)-(b)
- 49 C.F.R. § 387.9, Table 1
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- Cal. Civ. Code § 3333.4(a)(1)-(3), (b), (c); Hodges v. Superior Court (1999) 21 Cal.4th 109 (upholding statute)
- Cal. Civ. Code §§ 3045.1, 3045.4
- 26 U.S.C. § 104(a)(2); IRS Publication 4345
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
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.