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Who may be responsible
Start by confirming who employed the driver and who owned the truck. The name on the truck is the usual starting point, but ask the driver who they work for and write it down. Other businesses may also play a part, such as a company that maintained the truck or loaded the trailer. Each may have its own insurer and its own share of the responsibility.
Fault can be shared with you as well. California uses pure comparative fault, so your own share, if any, reduces your recovery but does not bar it (pure comparative fault). The trucking company’s insurer may look for a reason to blame you. That is why the evidence from the first days after the crash, and what you say to adjusters, matters so much. See talking to the trucking company’s adjuster.
Crashes with package trucks on local streets
Package trucks make frequent stops, back up in tight spaces and pull in and out of traffic. Common crashes involve a truck pulling away from the curb, a sudden stop, backing into a car or a person, or turning across a lane. A California driver turning left must yield to oncoming vehicles close enough to be a hazard (Vehicle Code 21801).
People on foot and on bikes are often near delivery stops. Drivers must yield to pedestrians in marked crosswalks and unmarked crosswalks at intersections (Vehicle Code 21950). If a truck rear-ended you, the rule against following more closely than is reasonable and prudent may apply (Vehicle Code 21703). Our page on being hit by a truck while walking or biking covers those cases.
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Crashes with tractor-trailers on the freeway
Larger trucks bring in federal rules. For-hire interstate carriers hauling ordinary freight in vehicles rated at 10,001 pounds or more must carry at least $750,000 in liability coverage (49 C.F.R. 387.9). A property-carrying driver may drive at most 11 hours after 10 hours off duty and not past the 14th hour on duty (49 C.F.R. 395.3). Whether each rule applies to a given truck depends on the vehicle and the operation.
Carriers must keep driver duty status records, including electronic logs, for six months (49 C.F.R. 395.8). After certain crashes, including any fatal crash, the employer must test the driver for alcohol and drugs (49 C.F.R. 382.303). Trucks may also hold engine data and camera footage, and a lawyer can send a letter asking the carrier to preserve it before it is overwritten.
Medical bills and your own insurance
Medical bills often arrive long before the claim is resolved. MedPay, if you bought it, pays reasonable medical expenses from a covered crash, up to the policy limit, regardless of fault (MedPay coverage). Your health insurance may also pay; depending on the plan, it may ask to be repaid from the settlement. Keep every bill and explanation of benefits in one folder for your lawyer.
If the driver left the scene or coverage is missing, your own uninsured motorist coverage may help. California auto policies must include it unless the policyholder deleted it in a signed written agreement (Insurance Code 11580.2). If you were driving and someone was hurt, or property damage was over $1,000, file form SR-1 with the DMV within 10 days (Vehicle Code 16000).
What to do now
Get medical care right away, even if you feel fine, and follow the treatment plan. Photograph the truck, any truck number, the plate and USDOT number, the scene and your injuries. Get the driver’s name and employer, and the names of witnesses. Do not sign anything from the carrier or its insurer, and do not give a recorded statement before you talk to a lawyer.
In California, an injury lawsuit generally must be filed within two years (Code of Civil Procedure 335.1); in Washington, within three (RCW 4.16.080). A Postal Service truck follows federal claim rules instead; see USPS mail truck claims. If a FedEx truck hit you, see FedEx truck accidents. Call (310) 552-6959 or use the form.
- Photograph the truck, truck number, plate and USDOT number.
- Ask the driver who they work for and get their insurance information.
- Get witness names and the police report number.
- Keep medical bills, receipts and claim numbers.
- Do not sign releases or give recorded statements before getting legal advice.
Common questions
Can I sue UPS if a UPS driver hit me?
If the driver was a UPS employee working at the time, a California employer is generally responsible for an employee’s driving on the job. The details of who employed the driver and who owned the truck still need to be confirmed. A lawyer can check that, along with any other business connected to the crash.
What if a UPS truck backed into me in a parking lot?
Photograph the truck, its number and the damage, get the driver’s name and employer, and get checked by a doctor if you feel any pain. Parking lot crashes still turn on evidence, so ask nearby stores for video quickly. Our page on parking lot fault explains more.
Who pays for my car repairs after a UPS truck hit me?
Usually the responsible party’s insurance, once fault is accepted. Your own collision coverage, if you have it, may pay sooner and then seek repayment, depending on the policy. In California, a lawsuit for damage to property such as a car generally must be filed within three years (Code of Civil Procedure 338).
Is a UPS truck crash handled like a mail truck crash?
No. UPS is a private company, so a claim goes through the usual process with its insurer. A U.S. Postal Service crash falls under the Federal Tort Claims Act, which requires an administrative claim to the agency within two years (28 U.S.C. 2401(b)) before any lawsuit.
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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
Amazon Delivery Van Accident · Amazon Truck Accident in California · Do Amazon Delivery Vans Have Cameras? · FedEx Truck Accident · USPS mail truck accident: the federal claim rules · All car and truck accident questions
Sources
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- Cal. Veh. Code § 21801(a)
- Cal. Veh. Code § 21950(a)-(b)
- Cal. Veh. Code § 21703
- 49 C.F.R. § 387.9, Table 1
- 49 C.F.R. § 395.3(a)(1)-(3)
- 49 C.F.R. § 395.8(k)(1)
- 49 C.F.R. § 382.303(a), (b), (d)
- California Department of Insurance, Auto Insurance Terms glossary; policy terms
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- Cal. Veh. Code § 16000(a); DMV form SR 1 (Rev. 6/2025)
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
- Cal. Code Civ. Proc. § 338(c)(1)
- 28 U.S.C. §§ 2401(b), 2675(a), 2679(b)
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.