If a commercial truck hit you, you can usually claim against the driver and the trucking company, and the deadline to sue is two years in California and Texas and three years in Washington. Federal rules require trucking companies to keep driver logs for as little as six months, so the evidence that proves fatigue or poor maintenance can disappear long before that deadline.
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Who can I sue after a truck accident?
A truck crash often has more than one responsible party. The driver may have been speeding, distracted or past the legal driving hours. The company that hired the driver may be responsible for the driver’s conduct on the job and for its own choices, such as hiring an unqualified driver or skipping repairs. The shipper that loaded the trailer, the owner of the trailer and the shop that serviced the brakes can also share fault. Finding each party matters because each one may carry its own insurance.
How much insurance does a commercial truck carry?
Federal law sets a floor. A for-hire carrier hauling non-hazardous property across state lines in a vehicle rated at 10,001 pounds or more must carry at least $750,000 in public liability coverage; some hazardous loads require $1,000,000 or $5,000,000 (49 CFR 387.9). That is a minimum, and a carrier may buy more.
What evidence should be saved right away?
Trucking is regulated in detail, and those rules create records. Under federal hours-of-service rules, a property-carrying driver may drive at most 11 hours after 10 consecutive hours off duty, may not drive past the 14th hour after coming on duty, must take a 30-minute break after 8 hours of driving, and may not drive after 60 hours on duty in 7 days or 70 hours in 8 days (FMCSA).
The proof lives in documents the company controls:
- Driver logs and supporting documents. Carriers must keep records of duty status for at least six months (49 CFR 395.8; FMCSA guidance).
- Inspection and repair records. Carriers must systematically inspect and maintain their vehicles and keep those records for one year (49 CFR 396.3).
- Dash cameras, GPS and dispatch messages, which the company may overwrite on its own schedule.
A lawyer can send a preservation letter that puts the company on notice not to destroy these records. The sooner it goes out, the more is still there.
How long do I have to file a truck accident claim?
| State | Deadline to file a lawsuit | Source |
|---|---|---|
| California | 2 years from the injury | Code Civ. Proc. 335.1 |
| Texas | 2 years from the day the claim accrues | Civ. Prac. & Rem. Code 16.003 |
| Washington | 3 years for injury to the person | RCW 4.16.080 |
If the truck belonged to a city, county, transit agency or state, shorter rules apply first: six months to present the claim in California (Gov. Code 911.2), six months for notice in Texas (Civ. Prac. & Rem. Code 101.101), and a claim plus a sixty-day wait before suing a local government in Washington (RCW 4.96.020).
Shared fault is weighed differently in each state. California reduces your damages by your share of fault under pure comparative negligence (B.B. v. County of Los Angeles). Texas bars recovery if your share is greater than 50 percent (Civ. Prac. & Rem. Code 33.001). Washington reduces the award but does not bar it (RCW 4.22.005).
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I am the truck driver and I was hurt
Truck drivers get hurt too: hit by another vehicle, injured at a loading dock, or crushed by cargo that someone else loaded badly. Your options depend on how you are classified.
- If you are an employee, workers’ compensation usually covers medical care and part of lost wages. That claim does not stop you from suing someone other than your employer who caused the injury, such as another driver or the company that loaded the trailer (Cal. Labor Code 3852; Tex. Labor Code 417.001; RCW 51.24.030).
- If you are an owner-operator or independent contractor, you may have an occupational accident policy through the carrier you are leased to. Those policies may have their own claim rules and deadlines, so ask for a copy of the policy in writing.
- In either case, a claim against the at-fault driver or company is separate from those benefits.
What to do now
- Get medical care and follow up, even if you feel fine at first.
- Write down the truck’s company name, USDOT number and trailer number if you can see them.
- Photograph the scene, the vehicles and your injuries.
- Get the police report number and witness names.
- Do not sign anything or give a recorded statement to the trucking company’s insurer.
- Ask a lawyer to send a preservation letter for logs, camera footage and repair records.
- Call (310) 552-6959 for a free case review.
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The trucking company starts building its defense the day of the crash. Call (310) 552-6959 or use the form below. You owe no fees or costs unless we win.
Common questions
Can I bring a claim if I do not have legal status?
Yes. California law keeps immigration status out of injury and wrongful death cases: the defense cannot put it into evidence or ask about it in discovery (Evid. Code 351.2).
The truck company’s adjuster called me. Should I talk?
You can take the adjuster’s name and number and say you will call back. Anything you say can be used to lower the claim.
How is a lawyer paid in a truck case?
Usually a percentage of the recovery. In California the contract must be in writing and must say the fee is not set by law and is negotiable (Bus. & Prof. Code 6147). You owe no fees or costs unless we win.
Do you handle truck cases in Texas?
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
What if the trucking company is from another state?
Federal rules on insurance and records apply to interstate carriers no matter where the company is based. Where you can file generally depends on where the crash happened and where the company does business.
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Accident Lawyer Guides · California truck accident lawyer · Motorcycle accident lawyer · Bicycle accident lawyer · Law Blog
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Sources
- 49 CFR 387.9 (minimum $750,000 for-hire property carriers)
- FMCSA hours-of-service summary
- 49 CFR 395.8 (record of duty status; 6-month retention)
- FMCSA guidance on RODS retention
- 49 CFR 396.3 (maintenance records kept 1 year)
- Cal. Code Civ. Proc. 335.1
- California Courts self-help (ES)
- Cal. Gov. Code 911.2
- Cal. Evid. Code 351.2
- Cal. Labor Code 3852
- Cal. Bus. & Prof. Code 6147
- B.B. v. County of Los Angeles (Cal. 2020)
- Tex. Civ. Prac. & Rem. Code 16.003
- Tex. Civ. Prac. & Rem. Code 33.001
- Tex. Civ. Prac. & Rem. Code 101.101
- Tex. Labor Code 417.001
- RCW 4.16.080
- RCW 4.22.005
- RCW 4.96.020
- RCW 51.24.030
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: 2026-11-12.