Situation, step by step
Hit by a truck: do you need a truck accident lawyer, and who pays?
Short answer
After a crash with a commercial truck, the driver, the trucking company and others can be liable. Federal rules require most interstate for-hire trucks to carry at least $750,000 of liability insurance, but let the carrier discard driving logs after 6 months. Ask in writing that the records be kept, and check your state's deadline to sue.
Date calculator · 50 states
The truck crash clock: when records may go, and your deadline to sue
Records periods from 49 C.F.R.; each state's deadline from its statute or its courts · checked Nov 1, 2026
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Key points
- Who pays
- The truck's motor carrier and its insurer first; also the driver, the truck's owner, the company that loaded it, or a maker of a failed part, depending on the facts.
- Insurance
- At least $750,000 for a for-hire carrier of general freight in interstate commerce, $1,000,000 for oil and many hazardous materials, $5,000,000 for the most dangerous cargo and for buses with 16 or more seats (49 C.F.R. §§ 387.9, 387.33T).
- The records clock
- Inspection reports 3 months, driving logs and ELD data 6 months, maintenance records 1 year, the accident register 3 years. After that the carrier may lawfully discard them.
- Deadline
- Your state's deadline to sue, from 1 year (Tennessee) to 6 years (Maine, Minnesota, North Dakota). The table.
A crash with a big rig, a semi or another commercial truck is not just a bigger car accident. Federal trucking rules decide how much insurance the carrier must have, how long the driver may drive, and which records the company must keep, and for how long. Those records often decide who was at fault, and some may be discarded within months.
This page sets out who can be liable, the federal minimums, the rules that often matter, the records and the dates the carrier may discard them, and your deadline, with a letter asking the company to keep the evidence. For the crash itself (reports, insurance claims, no-fault states) see car accident; for lawyers and fees, personal injury lawyer. It does not rank or recommend lawyers.
What to do after a truck accident
- Get medical care, and call the police. A police report records the truck, the company and the driver; the crash report rules are on car accident.
- Write down the carrier. Every interstate truck must show the company's legal or trade name and its number, preceded by the letters USDOT, on both sides (49 C.F.R. § 390.21). Photograph the door, the trailer and any trailer numbers.
- Photos and witnesses. The scene, the vehicles, skid marks, the cargo, the lighting, and names and numbers of witnesses.
- Ask the carrier, in writing, to keep its records. Logs and ELD data can be discarded after 6 months, inspection reports after 3 months. The letter below lists them.
- Be careful with the carrier's insurer. You don't have to give a recorded statement to the other side's insurer. Ask for requests in writing.
- Check your deadline. The tool at the top counts it, with the records dates.
Checklist
After a truck crash: what to get in the first days
Tick each point as you get it.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Who is liable in a truck accident?
Several companies may share the responsibility, and each may have its own insurer. Who is liable depends on the facts and on your state's law, including its shared-fault rule.
- The motor carrier. The company operating the truck, whose name and USDOT number are on the door. It is the employer of most drivers and carries the federal minimum insurance.
- The driver. For speeding, distraction, fatigue or driving beyond the hours the rules allow.
- The owner or lessor of the truck or trailer. When it is not the carrier, for example a leased tractor.
- The shipper or loader. When cargo was overloaded or badly secured.
- A maintenance company or a parts maker. When brakes, tires or another part failed.
How much insurance does a truck have to carry? The federal minimums
Federal rules set the minimum liability insurance (financial responsibility) for interstate motor carriers. A carrier may carry more, and many do; ask for the policy limits in writing. A truck that never leaves its state follows that state's rules instead.
| What the truck or bus carries | Minimum | Law |
|---|---|---|
| Property (general freight), for hire, 10,001 pounds or more, interstate | $750,000 | 49 C.F.R. § 387.9, Table 1 (1) |
| Oil, and hazardous materials not listed in the $5,000,000 entries | $1,000,000 | 49 C.F.R. § 387.9, Table 1 (3) |
| Hazardous substances in bulk, explosives (Division 1.1 to 1.3), poison gas and other listed materials | $5,000,000 | 49 C.F.R. § 387.9, Table 1 (2), (4) |
| Bus or van for hire, 16 or more seats including the driver | $5,000,000 | 49 C.F.R. § 387.33T(a) |
| Bus or van for hire, 15 or fewer seats including the driver | $1,500,000 | 49 C.F.R. § 387.33T(b) |
If the vehicle was an Uber or Lyft car instead, the insurance minimums state law sets for each app period are on Do I need an Uber or Lyft accident lawyer?.
Calculator
Do your losses exceed the federal minimum?
1. What the truck carried
Fill in the steps to see the answer.
Uses only the numbers on this page, each from its official source. Nothing you type leaves your device. Not legal advice.
Federal trucking rules that often matter: hours of service and testing
- 11 hours of driving. After 10 consecutive hours off duty, a truck driver may drive a total of 11 hours.49 C.F.R. § 395.3(a)(3)
- The 14-hour window. No driving after 14 consecutive hours from coming on duty.49 C.F.R. § 395.3(a)(2)
- A 30-minute break. Driving is not allowed after 8 hours of driving without a 30-minute interruption.49 C.F.R. § 395.3(a)(3)(ii)
- 60 or 70 hours a week. No driving after 60 hours on duty in 7 days, or 70 hours in 8 days if the carrier runs trucks every day; a 34-hour off-duty period restarts the count.49 C.F.R. § 395.3(b), (c)
- The electronic logging device. No driver or carrier may disable, block or tamper with the ELD so that it does not record accurately.49 C.F.R. § 395.8
The records a trucking company keeps, and how long it must keep them
These are the minimum periods in the federal rules. After them the carrier may lawfully discard the record, so the request to keep them should go out early, in writing. The letter below asks the company to confirm within 10 days that it is keeping them; a lawyer can also ask a court to order the evidence kept.
| Record | Kept at least | Law |
|---|---|---|
| Driver vehicle inspection reports (the daily inspection) | 3 months from the date the report was prepared | 49 C.F.R. § 396.11 |
| Records of duty status (driving logs) and supporting documents | 6 months from receipt | 49 C.F.R. § 395.8(k) |
| Electronic logging device (ELD) back-up copy | 6 months | 49 C.F.R. § 395.22(i) |
| Inspection, repair and maintenance records | 1 year, and 6 months after the truck leaves the carrier's control | 49 C.F.R. § 396.3(c) |
| The accident register | 3 years after the date of each accident | 49 C.F.R. § 390.15(b) |
| Driver qualification file | While the driver works there, and 3 years after | 49 C.F.R. § 391.51(c) |
| Positive alcohol and drug test results and refusals; collection records | 5 years; 2 years for collection records | 49 C.F.R. § 382.401(b) |
Letter generator · 2 recipients
Ask the trucking company to keep the evidence
From the record rules of 49 C.F.R. parts 382, 390, 391, 395 and 396 · checked Nov 1, 2026
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Your deadline to sue after a truck accident, in every state
The general deadline to sue for an injury from a crash in each state. A claim against a government (a city truck, a federal vehicle) starts with a notice or claim, often within months: for a federal vehicle, a claim to the agency within 2 years (28 U.S.C. § 2401(b)). Shared-fault rules and insurance minimums for each state: personal injury lawyer.
| State | Deadline to sue after a crash | Law |
|---|---|---|
| Alabama | 2 years | Ala. Code § 6-2-38(l) |
| Alaska | 2 years | AS 09.10.070(a) |
| Arizona | 2 years | A.R.S. § 12-542(1) |
| Arkansas | 3 years | Ark. Code Ann. § 16-56-105 |
| California | 2 years | Cal. Code Civ. Proc. § 335.1 |
| Colorado | 3 years for bodily injury from a motor-vehicle crash (2 years for other negligence) | C.R.S. § 13-80-102(1)(a); § 13-80-101(1)(n)(I) · C.R.S. § 13-80-101(1)(n)(I) |
| Connecticut | 2 years | Conn. Gen. Stat. § 52-584 |
| Delaware | 2 years | 10 Del. C. § 8119 |
| District of Columbia | 3 years | D.C. Code § 12-301(a)(8) |
| Florida | 2 years for negligence after March 24, 2023 (4 years before) | Fla. Stat. § 95.11(5)(a) |
| Georgia | 2 years | O.C.G.A. § 9-3-33 |
| Hawaii | 2 years | HRS § 657-7 |
| Idaho | 2 years | Idaho Code § 5-219(4) |
| Illinois | 2 years | 735 ILCS 5/13-202 |
| Indiana | 2 years | Ind. Code § 34-11-2-4 |
| Iowa | 2 years | Iowa Code § 614.1(2) |
| Kansas | 2 years | K.S.A. 60-513(a)(4), (b) |
| Kentucky | 2 years after the injury in a motor-vehicle crash case (1 year for other injuries) | KRS 413.140(1)(a); KRS 304.39-230(6) · KRS 304.39-230(6) |
| Louisiana | 2 years for injuries from July 1, 2024 (1 year before) | La. Civ. Code art. 3493.1 (Acts 2024, No. 423) |
| Maine | 6 years | 14 M.R.S. § 752 |
| Maryland | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Massachusetts | 3 years | Mass. Gen. Laws ch. 260, § 2A |
| Michigan | 3 years | MCL 600.5805(2) |
| Minnesota | 6 years | Minn. Stat. § 541.05, subd. 1(5) |
| Mississippi | 3 years | Miss. Code Ann. § 15-1-49(1) |
| Missouri | 5 years | RSMo § 516.120(4) |
| Montana | 3 years | Mont. Code Ann. § 27-2-204(1) |
| Nebraska | 4 years | Neb. Rev. Stat. § 25-207 |
| Nevada | 2 years | NRS 11.190(4)(e) |
| New Hampshire | 3 years | RSA 508:4(I) |
| New Jersey | 2 years | N.J.S.A. 2A:14-2(a) |
| New Mexico | 3 years | NMSA 1978, § 37-1-8 |
| New York | 3 years | N.Y. CPLR 214(5) |
| North Carolina | 3 years | N.C. Gen. Stat. § 1-52(16) |
| North Dakota | 6 years | N.D.C.C. § 28-01-16(5) |
| Ohio | 2 years | Ohio Rev. Code § 2305.10(A) |
| Oklahoma | 2 years | 12 O.S. § 95(A)(3) |
| Oregon | 2 years | ORS 12.110(1) |
| Pennsylvania | 2 years | 42 Pa.C.S. § 5524(2) |
| Rhode Island | 3 years | R.I. Gen. Laws § 9-1-14(b) |
| South Carolina | 3 years | S.C. Code § 15-3-530(5) |
| South Dakota | 3 years | SDCL § 15-2-14(3) |
| Tennessee | 1 year | Tenn. Code Ann. § 28-3-104(a)(1)(A) |
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Utah | 4 years | Utah Code § 78B-2-307(4) (numbered (3) before the 2023 amendment) |
| Vermont | 3 years | 12 V.S.A. § 512(4) |
| Virginia | 2 years | Va. Code § 8.01-243(A) |
| Washington | 3 years | RCW 4.16.080(2) |
| West Virginia | 2 years | W. Va. Code § 55-2-12(b) |
| Wisconsin | Not checked for this page | Not checked for this page |
| Wyoming | 4 years | Wyo. Stat. § 1-3-105(a)(iv)(C) |
Truck accident settlement: what decides the amount
No official source publishes an average truck accident settlement, and no law sets a formula. The amount starts with your economic losses (medical bills, future care, lost pay) and your non-economic losses (pain and suffering). Then your state's rules reduce it by your share of the fault and, in a few states, cap some damages. The insurance in force sets the practical limit: at least $750,000 for most freight carriers, often more.
- The injuries, the treatment and the outlook, in the medical records.
- Who was at fault, from the logs, the ELD data, the inspection reports, the driver's file, the police report and the witnesses.
- The policy limits of every company that may be liable.
- Your state's shared-fault rule and any cap.
Do you need a truck accident lawyer?
For an injury, usually yes: the records are the carrier's, the insurers are experienced, several companies may share the blame, and the evidence clock runs in months. Truck accident lawyers work on a contingency fee like other injury lawyers (what fees cost, and the limits). Check the license first (how).
- Contact right after the crash is a red flag. In Florida no one may solicit a person involved in a motor vehicle accident, other than by general advertising, within 60 days. In Texas a lawyer may not send unsolicited communications about an accident before the 31st day.Fla. Stat. § 817.234(8) · Tex. Penal Code § 38.12(d)
Quick guide
Do you need a truck accident lawyer?
1. What did the crash leave you with?
It points to the part of this page that fits, in the page's own words. Nothing you choose is saved or sent. Not legal advice.
Common questions about truck accidents
Who is liable in a truck accident?
Often the motor carrier and its insurer, and sometimes the driver, the truck's owner, the shipper or loader, a maintenance company or a parts maker. Your state's law and the facts decide.
How much insurance does a semi truck have to carry?
For a for-hire carrier of general freight in interstate commerce, at least $750,000; $1,000,000 for oil and many hazardous materials; $5,000,000 for the most dangerous cargo (49 C.F.R. § 387.9). A carrier may carry more.
How much money can you get if you get hit by a semi truck?
There is no set amount or formula. It depends on your losses, the proof of fault, your state's shared-fault rule and caps, and the insurance in force, which is at least $750,000 for most interstate for-hire freight carriers.
What evidence is needed to prove liability in a truck accident?
The police report, photos and witnesses, and the carrier's records: driving logs and ELD data (kept 6 months), inspection reports (3 months), maintenance records (1 year), the driver's qualification file and any drug and alcohol tests.
How long does a trucking company keep its records?
At least 3 months for inspection reports, 6 months for logs and ELD back-ups, 1 year for maintenance records, 3 years for the accident register and the driver file after the driver leaves, 5 years for positive test results.
How long do I have to sue after a truck accident?
Your state's deadline, from 1 year in Tennessee to 6 years in Maine, Minnesota and North Dakota; 2 or 3 years in most states. The table.
Will physical therapy increase my settlement?
Treatment itself is not a bonus, but medical care your doctor prescribes is part of your losses, and the records of it are proof of the injury. Gaps in care are what insurers point to.
Is 50k a good settlement?
Only you can measure it against your bills, lost pay, future care and pain, minus the fee and costs. With a commercial truck, check the policy limits: the minimum for interstate freight is $750,000.
How many hours can a truck driver drive?
11 hours after 10 hours off duty, within a 14-hour window, with a 30-minute break after 8 hours of driving, and no more than 60 or 70 hours on duty in 7 or 8 days (49 C.F.R. § 395.3).
Official sources
- Alabama: Ala. Code § 6-2-38(l), deadline to sue for a personal injury govinfo.gov
- Alaska: AS 09.10.070(a), deadline to sue for a personal injury akleg.gov
- Arizona: A.R.S. § 12-542(1), deadline to sue for a personal injury azleg.gov
- Arkansas: Ark. Code Ann. § 16-56-105, deadline to sue for a personal injury govinfo.gov
- California: Cal. Code Civ. Proc. § 335.1, deadline to sue for a personal injury selfhelp.courts.ca.gov
- Colorado: C.R.S. § 13-80-102(1)(a); § 13-80-101(1)(n)(I), deadline to sue for a personal injury coloradojudicial.gov
- Connecticut: Conn. Gen. Stat. § 52-584, deadline to sue for a personal injury cga.ct.gov
- Delaware: 10 Del. C. § 8119, deadline to sue for a personal injury delcode.delaware.gov
- District of Columbia: D.C. Code § 12-301(a)(8), deadline to sue for a personal injury code.dccouncil.gov
- Florida: Fla. Stat. § 95.11(5)(a), deadline to sue for a personal injury flsenate.gov
- Georgia: O.C.G.A. § 9-3-33, deadline to sue for a personal injury govinfo.gov
- Hawaii: HRS § 657-7, deadline to sue for a personal injury courts.state.hi.us
- Idaho: Idaho Code § 5-219(4), deadline to sue for a personal injury govinfo.gov
- Illinois: 735 ILCS 5/13-202, deadline to sue for a personal injury govinfo.gov
- Indiana: Ind. Code § 34-11-2-4, deadline to sue for a personal injury in.gov
- Iowa: Iowa Code § 614.1(2), deadline to sue for a personal injury legis.iowa.gov
- Kansas: K.S.A. 60-513(a)(4), (b), deadline to sue for a personal injury ksrevisor.gov
- Kentucky: KRS 413.140(1)(a); KRS 304.39-230(6), deadline to sue for a personal injury apps.legislature.ky.gov
- Kentucky: KRS 304.39-230(6), deadline after a motor-vehicle crash apps.legislature.ky.gov
- Louisiana: La. Civ. Code art. 3493.1 (Acts 2024, No. 423), deadline to sue for a personal injury legis.la.gov
- Maine: 14 M.R.S. § 752, deadline to sue for a personal injury legislature.maine.gov
- Maryland: Md. Code, Cts. & Jud. Proc. § 5-101, deadline to sue for a personal injury mgaleg.maryland.gov
- Massachusetts: Mass. Gen. Laws ch. 260, § 2A, deadline to sue for a personal injury govinfo.gov
- Michigan: MCL 600.5805(2), deadline to sue for a personal injury govinfo.gov
- Minnesota: Minn. Stat. § 541.05, subd. 1(5), deadline to sue for a personal injury revisor.mn.gov
- Mississippi: Miss. Code Ann. § 15-1-49(1), deadline to sue for a personal injury courts.ms.gov
- Missouri: RSMo § 516.120(4), deadline to sue for a personal injury revisor.mo.gov
- Montana: Mont. Code Ann. § 27-2-204(1), deadline to sue for a personal injury mca.legmt.gov
- Nebraska: Neb. Rev. Stat. § 25-207, deadline to sue for a personal injury nebraska.gov
- Nevada: NRS 11.190(4)(e), deadline to sue for a personal injury nvcourts.gov
- New Hampshire: RSA 508:4(I), deadline to sue for a personal injury nhb.uscourts.gov
- New Jersey: N.J.S.A. 2A:14-2(a), deadline to sue for a personal injury govinfo.gov
- New Mexico: NMSA 1978, § 37-1-8, deadline to sue for a personal injury nmonesource.com
- New York: N.Y. CPLR 214(5), deadline to sue for a personal injury nysenate.gov
- North Carolina: N.C. Gen. Stat. § 1-52(16), deadline to sue for a personal injury govinfo.gov
- North Dakota: N.D.C.C. § 28-01-16(5), deadline to sue for a personal injury ndlegis.gov
- Ohio: Ohio Rev. Code § 2305.10(A), deadline to sue for a personal injury govinfo.gov
- Oklahoma: 12 O.S. § 95(A)(3), deadline to sue for a personal injury oklegislature.gov
- Oregon: ORS 12.110(1), deadline to sue for a personal injury govinfo.gov
- Pennsylvania: 42 Pa.C.S. § 5524(2), deadline to sue for a personal injury palegis.us
- Rhode Island: R.I. Gen. Laws § 9-1-14(b), deadline to sue for a personal injury govinfo.gov
- South Carolina: S.C. Code § 15-3-530(5), deadline to sue for a personal injury scstatehouse.gov
- South Dakota: SDCL § 15-2-14(3), deadline to sue for a personal injury sdlegislature.gov
- Tennessee: Tenn. Code Ann. § 28-3-104(a)(1)(A), deadline to sue for a personal injury govinfo.gov
- Texas: Tex. Civ. Prac. & Rem. Code § 16.003, deadline to sue for a personal injury tcss.legis.texas.gov
- Utah: Utah Code § 78B-2-307(4) (numbered (3) before the 2023 amendment), deadline to sue for a personal injury le.utah.gov
- Vermont: 12 V.S.A. § 512(4), deadline to sue for a personal injury legislature.vermont.gov
- Virginia: Va. Code § 8.01-243(A), deadline to sue for a personal injury law.lis.virginia.gov
- Washington: RCW 4.16.080(2), deadline to sue for a personal injury courts.wa.gov
- West Virginia: W. Va. Code § 55-2-12(b), deadline to sue for a personal injury ca4.uscourts.gov
- Wyoming: Wyo. Stat. § 1-3-105(a)(iv)(C), deadline to sue for a personal injury wyoleg.gov
- 49 C.F.R. § 387.9: minimum levels of financial responsibility for trucks (Table 1) ecfr.gov
- 49 C.F.R. § 387.33T: minimum levels for for-hire passenger carriers ecfr.gov
- 49 C.F.R. § 395.3: maximum driving time for property-carrying vehicles ecfr.gov
- 49 C.F.R. § 395.8: records of duty status; § 395.8(k), retention for 6 months ecfr.gov
- 49 C.F.R. § 395.22(i): ELD records, a back-up copy kept 6 months ecfr.gov
- 49 C.F.R. § 396.3(c): inspection, repair and maintenance records, 1 year ecfr.gov
- 49 C.F.R. § 396.11: driver vehicle inspection reports, 3 months ecfr.gov
- 49 C.F.R. § 391.51(c): driver qualification file, 3 years after employment ecfr.gov
- 49 C.F.R. § 390.15(b): accident register, 3 years ecfr.gov
- 49 C.F.R. § 390.21: the carrier's name and USDOT number on both sides of the truck ecfr.gov
- 49 C.F.R. § 382.303: post-accident alcohol and drug testing (2, 8 and 32 hours) ecfr.gov
- 49 C.F.R. § 382.401: retention of alcohol and drug testing records (5 years, 2 years) ecfr.gov
- 28 U.S.C. § 2401(b): 2 years to present a tort claim to the federal agency govinfo.gov
- Texas Penal Code § 38.12: barratry and solicitation after an accident tcss.legis.texas.gov
- Florida Statutes § 817.234(8): solicitation after a motor vehicle accident flsenate.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.