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The first days after the crash
Nobody is ready for this call. In the first days, your family should focus on each other and on the arrangements that cannot wait. You do not need to make any decision about a claim right away. A few small steps now, such as keeping papers and writing down names, make the later work easier and take very little time.
The trucking company and its insurer usually start their own investigation within hours. An adjuster may call a spouse, a parent or an adult child and ask for a statement or offer to help with funeral costs. You can tell them that a lawyer will be in touch. Do not sign any release or give a recorded statement before your family has had legal advice.
Who may be responsible
A California employer is generally responsible when an employee causes harm while driving within the scope of the job (respondeat superior). Trucking companies must also keep a qualification file on each driver, with the driver’s application, driving record, road test and medical certificate (49 C.F.R. 391.51). Those files can show whether the company hired and kept a driver it should not have.
Other rules may point to fault. A driver may not drive more than 11 hours after 10 hours off duty, or past the 14th hour on duty (49 C.F.R. 395.3). Cargo must be secured so it does not shift or fall (49 C.F.R. 393.100). The broker, the shipper, a maintenance shop or a parts maker may also play a role. A lawyer looks at every company connected to the truck.
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Evidence your family should protect
Some of the most important evidence belongs to the trucking company. Carriers must keep driver duty status records, including electronic logging device data, for six months (49 C.F.R. 395.8). The truck may also hold black box and dashcam data. A lawyer can send a letter right away asking the company to preserve all of it, which helps stop it from being lost or overwritten.
The post-crash drug and alcohol tests are time sensitive too. An alcohol test that is not done within 8 hours must be abandoned, and a drug test within 32 hours. You can also look up the company’s safety record on the federal SAFER site, which shows inspection, out-of-service and crash data (FMCSA SAFER and SMS).
Insurance and what a claim looks at
Federal rules require for-hire interstate carriers hauling ordinary freight in trucks rated at 10,001 pounds or more to carry at least $750,000 in liability coverage, with higher amounts for many hazardous loads (49 C.F.R. 387.9). Those are minimums. The company may carry more, and the actual limits usually come out through the insurer or the lawsuit. Your loved one’s own auto policy may also matter, depending on its terms.
No one can tell you what a death claim is worth on a phone call, and you should be careful of anyone who tries. A lawyer will ask about the funeral and medical bills, the income and support your loved one provided, and the place they held in the family. The evidence of fault and the insurance available also shape the claim. Our page on what drives the value explains more.
What to do now
Gather what you can without putting pressure on yourself. Keep every letter and card that comes from an insurer, and write down the name of anyone who calls about the crash. Save receipts for the funeral, travel and any medical care. If you know of people who saw the crash, write down their names and how to reach them. A lawyer can take over the rest.
Time limits apply, and they depend on who owned the truck and where the crash happened. If a city, county or other public entity owned the vehicle, much shorter rules apply; in an injury case, the written claim generally must be presented within six months (Government Code 911.2). Call (310) 552-6959 or use the form, and our team will talk with your family about next steps.
- Keep the death certificate, police report number and any coroner information.
- Save funeral, burial and medical receipts.
- Collect recent pay stubs or tax returns that show your loved one’s income.
- Write down witness names and the trucking company name or USDOT number.
- Do not sign releases or give recorded statements to the trucking company’s insurer.
Common questions
Does the trucking company have to drug test the driver after a fatal crash?
Yes. Federal rules require the employer to test the driver for alcohol and controlled substances as soon as practicable after any fatal crash involving a commercial motor vehicle. If the alcohol test is not done within 8 hours, or the drug test within 32 hours, it must be abandoned, so the company’s records on timing matter.
How much is a wrongful death truck accident case worth?
There is no set amount. The value depends on the facts: the losses to the family, the income your loved one earned, the strength of the evidence on fault and the insurance available. Anyone who quotes a number before seeing the evidence is guessing. A lawyer can explain what applies once the facts are known.
Should our family talk to the trucking company’s insurance adjuster?
It is wise to speak with a lawyer first. The adjuster works for the trucking company or its insurer, and anything said may be used to limit the claim. You can politely tell them a lawyer will contact them. Do not sign anything or accept a payment before you understand what you would be giving up.
Is there a deadline to file a claim for a death caused by a truck?
Yes, and the exact deadline depends on the facts, who owned the truck and where the crash happened. Claims involving a government vehicle have much shorter rules. Because truck logs only have to be kept for six months, it helps to call a lawyer early even if a lawsuit is not filed until later.
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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
- 49 C.F.R. § 382.303(a), (b), (d)
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- 49 C.F.R. § 391.51(a)-(b)
- 49 C.F.R. § 395.3(a)(1)-(3)
- 49 C.F.R. § 393.100(b)-(c)
- 49 C.F.R. § 395.8(k)(1)
- FMCSA SAFER Company Snapshot; FMCSA SMS; FAST Act of 2015, Pub. L. 114-94, § 5223
- 49 C.F.R. § 387.9, Table 1
- Cal. Gov. Code § 911.2(a); see also §§ 911.4, 945.4
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.