A truck accident lawyer locks down the evidence, finds every party and insurance policy, proves fault and damages, and then negotiates or tries the case. The first job is a preservation letter, because trucking logs and black box data can be lost within months. The deadline to sue is generally two years in California (CCP 335.1) and Texas, three in Washington.
Questions about your injury case?
Leave your name and phone. We call you back today, in English or Spanish, and the consultation is free.
Free consultation · English y Español · No fees or costs unless we win
What does a truck accident lawyer do in the first days after a crash?
The early work is about stopping evidence from disappearing. The lawyer sends a written preservation letter, sometimes called a spoliation letter, to the motor carrier, the truck owner, any trailer owner and their insurers. It names each item to keep: the engine data, the driver’s logs, dispatch messages, dash camera video, phone records, the tractor and trailer themselves, and the post-crash test results. Once a company knows a claim is coming, a court can treat later destruction as a serious matter.
California juries can be told that if a party intentionally concealed or destroyed evidence, they may decide that evidence would have been unfavorable to that party (CACI 204). The Evidence Code lets the jury weigh a party’s willful suppression of evidence when deciding what inferences to draw (Evidence Code 413). Washington courts have their own remedies when evidence goes missing, which our Washington truck evidence guide explains.
What records does a lawyer get from the trucking company?
Federal rules make carriers keep records for set periods. The lawyer requests them before those periods end and compares them against each other.
| Record | What it can show | Federal minimum to keep |
|---|---|---|
| Hours-of-service logs and supporting documents | Whether the driver was over hours or falsified time | 6 months (49 CFR 395.8(k)) |
| Driver qualification file | Hiring application, driving record, road test, medical certificate | Generally while employed plus 3 years (49 CFR 391.51) |
| Inspection, repair and maintenance records | Brake, tire and lighting work, and work that was due and not done | 1 year, and 6 months after the truck leaves the carrier (49 CFR 396.3) |
| Negative drug test results | Testing history | 1 year (49 CFR 382.401) |
| Positive results and refusals | Past violations | 5 years (same section) |
The post-crash test itself has short windows: the carrier stops trying after 8 hours for alcohol and 32 hours for drugs (49 CFR 382.303). A nonfatal injury crash generally triggers testing only if the driver is cited, so the lawyer asks early whether a test happened at all.
Black box data. Most heavy trucks have an engine control module that can store speed, brake use and throttle position around a sudden stop. The federal event data recorder rule covers light vehicles of 8,500 pounds or less (49 CFR 563.3), so what a big rig records depends on its engine maker and software. A trained technician downloads it, often with the defense present, so nobody can later claim the data was changed.
How do lawyers investigate semi truck accidents?
The lawyer also pulls public records and builds a timeline:
- The carrier’s federal record. The FMCSA Company Snapshot shows a carrier’s identity, out-of-service inspection rates, crashes and safety rating, if any. The Safety Measurement System shows inspection results and scores by category. FMCSA warns that SMS data alone does not decide a carrier’s safety, so the lawyer treats it as a lead, not proof.
- Police reports. In California, a party of interest asks the CHP for its report on form CHP 190 (CHP). For major crashes, the CHP may send a Multidisciplinary Accident Investigation Team, with officers trained in reconstruction, a commercial vehicle inspector and a Caltrans engineer (CHP MAIT). In Texas, the investigating officer must file a report within 10 days of an injury crash, and people directly concerned in the collision can obtain it (Transportation Code 550.062 and 550.065). In Washington, State Patrol reports are ordered through its online system and can take up to 2 to 4 weeks to become available (WSP).
- Reconstruction. An engineer combines the engine data, scene measurements, vehicle crush, skid and yaw marks, and video to work out speed, timing and who could have avoided the crash.
How do lawyers investigate jackknife truck accidents?
A jackknife happens when the tractor and trailer fold toward each other, often after hard braking. NHTSA explained when it required antilock brakes on heavy trucks that braking-induced wheel lockup costs the tires their ability to keep the rig stable, that lockup is more likely when the trailer is light or empty or the road is slippery, and that it estimated jackknife or other braking-induced loss of control in 10 to 15 percent of heavy combination vehicle crashes (NHTSA final rule, 1995). The same rule added an in-cab warning lamp for antilock brake problems.
So in a jackknife case the lawyer asks specific questions. Were the antilock brakes working, and did a warning lamp show a fault? What do the maintenance records say about brakes and tires? Was the trailer empty or loaded unevenly? How fast was the truck going for the weather and the curve, according to the engine data? Did the driver brake late because of fatigue or a phone? Each answer may point to the driver, the carrier, the loader or a repair shop.
Free case review
Tell us what happened and where the claim stands. Our team reviews it and explains your options. You owe no fees or costs unless we win.
How does a lawyer find every insurance policy?
A carrier may not operate a truck without the required financial responsibility in place, and it must keep proof at its principal place of business (49 CFR 387.7). That proof is often an MCS-90 endorsement, issued in the carrier’s exact legal name (49 CFR 387.15). Federal minimums start at $750,000 for general freight (49 CFR 387.9), and they are minimums, not the value of a claim.
The lawyer checks the FMCSA Licensing and Insurance site for the carrier’s operating authority, then asks for every policy that may apply: the carrier’s primary policy, excess or umbrella coverage, the trailer owner’s policy, a broker’s or shipper’s coverage, and your own uninsured or underinsured motorist coverage. Our truck insurance claims pages cover the companies that write these policies.
What happens in discovery, negotiation and trial?
Once a lawsuit is filed, the lawyer can force production. In California, a party may demand to inspect documents, electronic data and tangible things such as the truck itself (CCP 2031.010). Records held by outsiders, such as a repair shop, a phone company or a broker, come by subpoena; a subpoena for documents before trial needs an affidavit showing good cause (CCP 1985). In Washington, a subpoena for records from a nonparty must first be served on every party, at least five days ahead (CR 45). Depositions of the driver, the safety manager and the dispatcher follow.
Meanwhile your medical bills, lost wages and future care are documented. The lawyer then sends a demand, negotiates, often mediates, and tries the case if the insurers will not pay what the evidence supports.
What to do now
- Get medical care and follow your treatment plan.
- Photograph the truck, its USDOT number, the trailer and the scene, if you can.
- Do not give a recorded statement to the trucking company’s insurer.
- Write down your deadline: two years in California and Texas (CPRC 16.003), three in Washington (RCW 4.16.080).
- Call a lawyer quickly so preservation letters go out before the 6-month log period runs.
Talk to us
If a semi or commercial truck hit you or a family member, call Beverly Law at (310) 552-6959 for a free, confidential case review in English or Spanish. Our truck accident lawyer page has more on these claims. You owe no fees or costs unless we win.
Common questions
Can I send my own preservation letter?
You can, but a letter drafted by a lawyer names the specific records and data that trucking cases turn on, and it goes to every party at once.
What if the truck belonged to a city or state agency?
The deadline is much shorter. In California, a claim against a public entity for an injury must generally be presented within six months (Gov. Code 911.2).
Should I keep my damaged car?
Yes. Its damage, and any crash data it stored, can help the reconstruction. Do not sell or scrap it until your lawyer has it inspected.
Do you handle Texas cases?
Yes. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Ask a question
Not ready to call? Write your question and a member of our team answers you. No cost and no commitment.
Hit by a semi? Get the evidence saved now. — Beverly Law
Free case review. We gather the records, deal with the insurance company and keep you informed in English or Spanish. You owe no fees or costs unless we win.
Related pages
Personal Injury Questions · Truck accident lawyer · Washington truck accident evidence · California trucking rules after a truck crash · Truck insurance claims · Personal injury questions · Law Blog
Talk to our team today
Leave your name and phone and tell us in one line what you need.
Sources
- CACI 204, Willful Suppression of Evidence
- Cal. Evidence Code 413
- 49 CFR 395.8, records of duty status (retention in paragraph (k))
- 49 CFR 391.51, driver qualification files
- 49 CFR 396.3, inspection, repair and maintenance
- 49 CFR 382.303, post-accident testing
- 49 CFR 382.401, retention of alcohol and drug testing records
- 49 CFR 563.3, event data recorders: application
- FMCSA SAFER Company Snapshot
- FMCSA Safety Measurement System
- FMCSA Licensing and Insurance public site
- NHTSA final rule on antilock brakes for heavy vehicles, 60 Fed. Reg. (March 10, 1995)
- California Highway Patrol, Multidisciplinary Accident Investigation Teams
- California Highway Patrol, Request a Collision Report
- Tex. Transportation Code chapter 550 (sections 550.062 and 550.065)
- Washington State Patrol, Collision Reports
- 49 CFR 387.7, financial responsibility required
- 49 CFR 387.9, minimum levels of financial responsibility
- 49 CFR 387.15, Forms MCS-90 and MCS-82
- Cal. Code of Civil Procedure 1985
- Cal. Code of Civil Procedure 2031.010
- Washington Superior Court Civil Rule 45
- Cal. Code of Civil Procedure 335.1
- Tex. Civ. Prac. & Rem. Code chapter 16 (section 16.003)
- RCW 4.16.080
- Cal. Government Code 911.2
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.