If a truck crash injured you, talk to a lawyer within days, before you give the trucking company’s insurer a statement or sign anything. Carriers must keep a driver’s hours-of-service records for only six months (49 CFR 395.8(k)), and California gives you two years to sue (CCP 335.1). A crash with no injury often does not need a lawyer.
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Why does timing matter so much after a truck crash?
The records that show what the driver and the company did are kept on short clocks set by federal rules, and some disappear in normal business once those clocks run out.
| Record | How long the carrier must keep it |
|---|---|
| Driver’s records of duty status (hours logs) and supporting documents | At least 6 months from receipt (49 CFR 395.8(k)) |
| Inspection, repair and maintenance records | 1 year where the truck is kept, and 6 months after the truck leaves the carrier (49 CFR 396.3(c)) |
| Accident register | 3 years after each accident (49 CFR 390.15(b)) |
Drug and alcohol testing is measured in hours. After a crash that killed someone, or one where the truck driver was cited and a person was taken for treatment or a vehicle was towed, the carrier must test the driver. It stops trying to give an alcohol test after 8 hours and a drug test after 32 hours (49 CFR 382.303). Whether a test happened, and why not, is something a lawyer asks for early.
Dash camera video and truck computer data can be recorded over in ordinary use. A preservation letter sent early asks the company to keep it.
Example only: a truck hits a family’s car on March 1. If no one asks the carrier to hold the driver’s logs, the six-month minimum for those logs ends around early September, months before most people think about filing a lawsuit. The facts of each crash decide which records matter.
Should I give a recorded statement or take the first offer?
Be careful with both. The adjuster works for the insurance company paying the claim (TDI), and a recorded statement given while you are still on pain medication can be quoted back to you later. You can take the adjuster’s name and claim number and say your lawyer will be in touch.
Each state limits how insurers handle claims:
- California: an insurer must accept or deny a claim within 40 days of proof of claim, and send written updates every 30 days if it needs more time. If you have no lawyer, it must warn you in writing at least 60 days before a deadline it may rely on to deny your claim (10 CCR 2695.7).
- Texas: the other driver’s insurer will offer a settlement and ask you to sign a release promising no more claims, and TDI tells people to talk to their doctor about future treatment first (TDI auto guide). For a policyholder’s own claim, failing to try in good faith to settle once liability is reasonably clear is an unfair settlement practice (Ins. Code 541.060).
- Washington: insurers must make good-faith efforts at prompt, fair settlements (WAC 284-30-330) and reply to claim communications within 10 business days (WAC 284-30-360).
A quick offer usually arrives before anyone knows whether you need surgery. Once you sign a release, the claim is normally over. In California, a general release does not reach claims you did not know or suspect when you signed (Civil Code 1542), but a release can include a written waiver of that protection.
Does a government truck or a work injury change the timing?
If a city garbage truck, county vehicle or public transit bus was involved, a claim must reach the agency long before the normal deadline:
- California: present the claim within six months of the crash (Gov. Code 911.2). If the agency rejects it in writing, you generally have six months from that notice to sue (Gov. Code 945.6).
- Texas: the governmental unit is entitled to notice within six months, and city charters can set shorter periods (CPRC 101.101).
- Washington: a claim against a local government must be presented to its agent first, and you must wait 60 days before filing suit; the deadline pauses during those 60 days (RCW 4.96.020).
If you were on the job when the truck hit you, two claims may run side by side. Workers’ compensation from your employer generally replaces a lawsuit against that employer (Lab. Code 3600; Tex. Lab. Code 408.001). You can still claim against the trucking company or other outsiders, and the comp carrier can seek repayment from that recovery (Lab. Code 3852; Tex. Lab. Code 417.001). In Washington, a worker may elect to sue the third party and must notify the Department of Labor and Industries or the self-insurer when the suit is filed (RCW 51.24.030).
How long do I have, and when do medical liens come in?
The general deadlines to file a lawsuit for injuries are:
- California: two years (CCP 335.1; see California Courts).
- Texas: two years, and in a death case the clock starts on the date of death (CPRC 16.003).
- Washington: three years (RCW 4.16.080).
Liens are another sign it is time to call. If Medicare paid your bills, those are conditional payments that must be repaid from a settlement, and the case should be reported to Medicare’s recovery contractor as soon as it exists (CMS). Hospitals can hold a lien on your injury claim in California (Civil Code 3045.1) and Texas (Prop. Code 55.002). When lien letters start arriving, the money left for you depends on how they are checked and negotiated.
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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.
Do I need a lawyer for every truck accident?
No. If the truck scraped your car, no one was hurt, and the insurer is paying for repairs, you can usually handle it yourself. In Texas, small disputes under $20,000 can go to Justice Court without an attorney (TDI auto guide).
You likely need a lawyer when any of these apply: you went to the emergency room or were admitted, you have a fracture, head injury or a doctor talking about surgery, you are missing work, the company blames you, a government vehicle was involved, you were working, Medicare or a hospital lien is involved, or someone died.
A first consultation with our office is free. In California, a contingency fee agreement must be in writing, state the percentage, explain how case costs affect your recovery, and say the fee is negotiable (B&P Code 6147).
What to do now
- Get medical care and follow up on new or worsening symptoms.
- Write down the truck’s company name, USDOT number, plate and trailer number.
- Photograph the scene, the vehicles and your injuries.
- Keep the claim numbers, but give no recorded statement yet.
- Do not sign a release, medical authorization or check from the trucking company’s insurer.
- Find out whether a public agency owned the truck; the six-month clock may apply.
- Call a lawyer in the first days so a preservation letter goes out.
Talk to us before the evidence is gone
If a truck crash hurt you or took a family member, call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win.
Common questions
Is it too late to call a lawyer months after the crash?
Usually not, as long as the filing deadline has not passed. Some records may be gone by then, but others last longer, such as the three-year accident register, and witnesses and medical records remain.
Should I wait until I finish treatment to call?
No. Treatment can take months, while the hours logs and test windows run out much sooner. A lawyer can preserve evidence now and wait to value the claim until your doctors know where your recovery is going.
I was driving for work when a truck hit me. Who do I call first?
Report the injury to your employer and get medical care. Then talk to a lawyer about both the workers’ comp claim and a claim against the trucking company, since one affects the other.
Do you handle Texas cases?
Yes. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Related pages
Personal Injury Questions · Truck accident lawyer · Truck insurance claims · Do I need a lawyer for a car accident settlement? · How long does a car accident settlement take? · Personal injury questions · Law Blog
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Sources
- 49 CFR 395.8, records of duty status
- 49 CFR 382.303, post-accident testing
- 49 CFR 396.3, inspection, repair and maintenance records
- 49 CFR 390.15, accident register
- Cal. Code Regs. tit. 10, 2695.7, claim standards
- Texas Department of Insurance, Auto insurance guide
- Texas Department of Insurance, Working with an adjuster
- Tex. Insurance Code chapter 541 (541.060)
- WAC 284-30-330, unfair claims settlement practices
- WAC 284-30-360, insurer response times
- Cal. Civil Code 1542
- Cal. Government Code 911.2
- Cal. Government Code 945.6
- Tex. Civ. Prac. & Rem. Code chapter 101 (101.101)
- RCW 4.96.020
- Cal. Code of Civil Procedure 335.1
- Tex. Civ. Prac. & Rem. Code chapter 16 (16.003)
- RCW 4.16.080
- California Courts Self-Help, Statute of limitations
- CMS, Medicare recovery process
- Cal. Civil Code 3045.1, hospital lien
- Tex. Property Code chapter 55, hospital lien
- Cal. Labor Code 3600
- Cal. Labor Code 3852
- Tex. Labor Code chapter 408 (408.001)
- Tex. Labor Code chapter 417 (417.001)
- RCW 51.24.030
- Cal. Business and Professions Code 6147
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.