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Why truck crashes with walkers and riders are different
A person on foot or on a bike has nothing around them when a truck makes contact. The injuries are often serious and the recovery can take a long time. Trucks also have large blind spots and swing wide on right turns, so many of these crashes happen at intersections, driveways and loading zones, where the driver was supposed to check mirrors and wait.
Most trucks on city streets are driven for work. In California, an employer is generally responsible for injuries an employee causes while driving within the scope of the job (respondeat superior). That can matter a great deal, because a company policy may carry higher limits than a driver’s personal policy, and the company also holds records that show how the driver was trained and scheduled.
Rules that often decide these cases
The crosswalk rule cuts both ways. Drivers must yield to a pedestrian in a marked crosswalk, or in an unmarked crosswalk at an intersection. A pedestrian also must not step off the curb into the path of a vehicle so close that it is an immediate hazard. Insurers often argue the second part, so witness names and video become important early.
Federal rules also apply to many commercial truck drivers. A property-carrying driver may drive at most 11 hours after 10 hours off duty and may not drive past the 14th hour after coming on duty (49 C.F.R. 395.3). A driver may not operate while too tired or ill to drive safely (49 C.F.R. 392.3). A tired driver is slower to see a person in a crosswalk or a bike lane.
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Evidence that can disappear
Trucking companies must keep a driver’s duty status records, including electronic logging device data, for six months (49 C.F.R. 395.8). After that, they may be gone. Store cameras and bus cameras near the crash often record over themselves much sooner. A lawyer can send letters asking the company and nearby businesses to keep that material before it is lost.
If the truck driver got a citation for a moving violation and you were taken away from the scene for treatment, the employer generally must test the driver for alcohol and drugs as soon as practicable (49 C.F.R. 382.303). The police report also helps. The agency that wrote it must release it to an injured person or their lawyer (Vehicle Code 20012).
What to do now
Your health comes first. Go to the ER or urgent care even if you walked away, because head and spine injuries can show up later. Then start a folder for everything about the crash. Keep it simple: photos, names, numbers and receipts. Do not sign anything from the trucking company or its insurer, and do not give a recorded statement before you talk to a lawyer.
Deadlines matter. In California, an injury lawsuit generally must be filed within two years (Code of Civil Procedure 335.1). In Washington, the general limit is three years (RCW 4.16.080). If a city or county truck hit you, a written claim generally must be presented within six months (Government Code 911.2). Call (310) 552-6959 or use the form so we can review your situation.
- Get checked by a doctor today and follow the treatment plan.
- Photograph the truck, its company name, USDOT number and license plate if you can.
- Get names and phone numbers of witnesses.
- Write down the police report number and any claim numbers.
- Keep your damaged bike, helmet, shoes and clothes. Do not throw them out.
- Keep receipts for medical bills, rides, and anything you replace.
Common questions
Can I still sue if I was not in a crosswalk when the truck hit me?
Often, yes. California shares fault by percentage, so even if you were partly at fault, you can still recover the share of your losses caused by the driver. The details of where you were, what the driver could see and how fast the truck was moving all matter, so the evidence should be gathered quickly.
Who pays my medical bills if a truck hit me on my bike?
It depends on the insurance in play. The trucking company’s liability insurance may pay at the end of the claim. If you have MedPay on your own auto policy, it may help with medical bills from a covered crash regardless of fault (MedPay coverage). The exact terms come from the policy, so a lawyer can check.
What if the truck driver did not stop?
A California driver involved in an injury crash must stop, give their information and help; leaving is a crime (Vehicle Code 20001). Report it right away. Your own uninsured motorist coverage may also apply to a hit-and-run, but strict reporting rules apply, so call a lawyer quickly to protect that claim.
How long do I have to file a claim after a truck hit me?
In California, the general limit for an injury lawsuit is two years from the crash, and three years in Washington. Claims against a city or county are much shorter, generally six months for the written claim. Waiting also lets evidence disappear, so it helps to start well before any deadline.
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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
- Cal. Veh. Code § 21950(a)-(b)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- 49 C.F.R. § 395.3(a)(1)-(3)
- 49 C.F.R. § 392.3
- 49 C.F.R. § 395.8(k)(1)
- 49 C.F.R. § 382.303(a), (b), (d)
- Cal. Veh. Code § 20012
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
- Cal. Gov. Code § 911.2(a); see also §§ 911.4, 945.4
- California Department of Insurance, Auto Insurance Terms glossary; policy terms
- Cal. Veh. Code §§ 20001(a)-(b), 20003(a)-(b)
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
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.