How Are Truck Accidents Different From Car Accidents?

A truck accident differs from a car accident because a loaded rig can weigh up to 80,000 pounds and needs more room to stop, and because federal safety rules, larger insurance policies and several possible defendants come into play. The filing deadline is the same as for a car crash: generally two years in California (CCP 335.1) and Texas, and three years in Washington.

Why are truck crashes more serious than car crashes?

Size and weight. Federal law lets a tractor-trailer on the Interstate weigh up to 80,000 pounds, including enforcement tolerances (23 U.S.C. 127). A passenger car is a small fraction of that, so the people in the car absorb most of the force.

Trucks also need more distance to stop. In federal brake testing from 60 mph, a loaded tractor may take up to 250 feet, or 310 feet for a heavier three-axle tractor (FMVSS 121). The passenger car standard is 230 feet from about 62 mph (FMVSS 135). These are test limits, and real stopping distance on the road also depends on the load, the brakes and the driver’s reaction.

Published data shows who gets hurt. In 2022, 5,837 large trucks were involved in fatal crashes in the United States, and 82 percent of the people killed were not in the truck (FMCSA, Large Truck and Bus Crash Facts 2022). That is national data, not a prediction about any one case.

What federal rules do truck drivers and trucking companies have to follow?

A car claim usually turns on ordinary traffic rules. A truck claim adds the Federal Motor Carrier Safety Regulations, and a broken rule can be strong proof of fault. The main ones:

• Hours of service: a property-carrying driver may drive 11 hours within a 14-hour window after 10 hours off, must take a 30-minute break after 8 hours of driving, and is limited to 60 or 70 hours on duty over 7 or 8 days (49 CFR 395.3).
• Electronic logging devices: most carriers must have drivers record duty status on an ELD (49 CFR 395.8).
• Inspection and maintenance: carriers must systematically inspect, repair and maintain their vehicles and keep records (49 CFR 396.3).
• Drug and alcohol testing: after a crash with a death, the driver must be tested for both; after an injury or tow-away crash, testing is required when the driver gets a moving citation (49 CFR 382.303).
• Driver qualification: a driver must be at least 21 for interstate work, hold a valid commercial license, be physically qualified and have passed a road test (49 CFR 391.11).

Who can be held responsible after a truck crash?

In a car crash there is usually one driver and one insurer. In a truck crash, more than one party may share the blame:

• The driver, for speeding, fatigue, distraction or impairment.
• The motor carrier. Federal rules define the carrier to include the people who hire, train, supervise and dispatch drivers and who maintain equipment (49 CFR 390.5T). When a carrier leases a truck from an owner-operator, the lease must give the carrier exclusive control and complete responsibility for operating it (49 CFR 376.12).
• The shipper or loader, when cargo that was not secured shifted or fell (49 CFR 393.100). The same definitions section describes shippers and transportation intermediaries such as brokers.
• A maintenance shop or parts maker, when bad repairs or a defective part caused the crash.

Who is responsible depends on the facts and the contracts. Finding every party matters because each may have its own insurance. Our truck accident lawyer page explains how these claims are built.

What evidence disappears after a truck crash?

Trucking evidence has short retention periods, and much of it sits with the trucking company:

• ELD and duty records: carriers must keep them for at least 6 months (49 CFR 395.8(k)).
• Maintenance records: kept 1 year, and 6 months after the truck leaves the carrier’s control (49 CFR 396.3).
• Post-crash testing: the alcohol test must happen within 8 hours and the drug test within 32 hours, or the carrier stops trying (49 CFR 382.303).
• Driver qualification file: kept while the driver works there and 3 years after (49 CFR 391.51).
• Engine control module data, which can record speed and braking before impact and may be overwritten as the truck keeps running.

A written preservation letter sent early asks the carrier to keep all of this. See our guide to truck accident evidence in Washington.

How do California, Texas and Washington rules differ?

Each state enforces trucking rules its own way:

• California: the California Highway Patrol runs the Basic Inspection of Terminals program and gives carrier terminals compliance ratings, such as satisfactory or unsatisfactory (Vehicle Code 34501.12). Intrastate drivers follow state hours rules, such as up to 12 hours of driving after 10 hours off (13 CCR 1212). More in our California trucking rules guide.
• Texas: the Department of Public Safety adopts motor carrier rules consistent with federal law, and its officers can stop and inspect trucks and order them out of service (Transportation Code chapter 644). Its Motor Carrier Bureau performs compliance reviews (Texas DPS).
• Washington: the State Patrol adopts most federal motor carrier parts for both interstate and intrastate carriers, with some exceptions (WAC 446-65-010).

Shared fault also works differently. California limits recovery to the extent the injured person brought the injury on themselves (Civil Code 1714). Texas bars recovery above 50 percent and reduces it below that (CPRC chapter 33). Washington reduces recovery without barring it (RCW 4.22.005).

How is the insurance claim different?

Interstate for-hire carriers hauling ordinary freight must carry at least $750,000 in liability coverage, $1,000,000 for oil and many hazardous materials, and $5,000,000 for certain bulk hazardous loads (49 CFR 387.9). Compare that with car minimums of $30,000 per person in California (Vehicle Code 16056) and Texas (Transportation Code 601.072), and $25,000 in Washington (RCW 46.29.090).

Larger policies bring a larger defense. Trucking insurers often send adjusters and investigators to the scene quickly, and the carrier’s lawyers start building their version early. Our truck insurance claims section covers the insurers that write these policies.

What to do now

1. Get medical care and keep every record and bill.
2. Photograph the truck, its DOT number, the trailer and the scene.
3. Write down the carrier’s name from the cab door and any witness contacts.
4. Get the police report number.
5. Do not give a recorded statement to the trucking insurer.
6. Talk to a lawyer quickly so a preservation letter goes out before records are lost.

Talk to us

If a 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. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Truck accident lawyer · Truck insurance claims · California trucking rules after a truck crash · Washington truck accident evidence · Personal injury questions · Law Blog

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.