Hurt in a truck accident: who pays and what proof disappears first
Last checked November 8, 2026
After a semi truck accident, get medical care, then act fast on the proof. A carrier only has to keep driver logs about 6 months.1 The company, not just the driver, may owe you. Most interstate freight haulers must carry at least $750,000 in insurance.2 Ask a lawyer to demand those records quickly.
Why is a truck wreck different from a car wreck?
In 2022, 6,050 large trucks and buses were involved in fatal crashes.3 A tractor-trailer can weigh many times what a car weighs, so injuries are often worse. Truck cases are also different on paper. Federal rules cover how long the driver can drive, what records the company must keep and how much insurance it must carry. Those rules give you things to ask for that do not exist in a normal car crash.
What should I do first after an 18 wheeler accident?
- Get medical care. Tell the doctors about any head, neck or back pain.
- Photograph the truck, the trailer, the door of the cab and every number on them. The name and USDOT number on the door tell you who the carrier is.
- Write down the driver's name, the trailer plate and the name of any company on the trailer. The tractor and trailer may belong to different companies.
- Get the police report and the names of witnesses.
- Do not give a recorded statement to the trucking company's insurer. Their adjusters often move within hours.
- Keep your damaged car from being repaired or sold until someone has looked at it.
Who can be responsible in a truck accident?
A car crash usually has one driver and one insurer. A truck crash can have several. More than one may have to pay.
| Who | Why they may be responsible |
|---|---|
| The truck driver | Speeding, fatigue, distraction, drugs or alcohol, or a bad turn |
| The motor carrier | It hired, trained and scheduled the driver. It must keep the truck inspected, repaired and maintained.4 |
| The owner of the truck or trailer | It may be a separate leasing company |
| The shipper or loader | A load that was too heavy or badly tied down |
| A repair shop or parts maker | Failed brakes, tires or other parts |
Federal law sets minimum insurance. For-hire carriers hauling ordinary freight between states in vehicles of 10,001 pounds or more need at least $750,000.2 Many hazardous loads need $1,000,000 or more.5 A carrier that only drives inside one state may fall under different state rules. A higher limit does not mean a claim is worth that amount. It only means there may be more money available if your losses are serious.
Driver logs and black box data: what can prove the case?
Truck drivers have strict limits. A driver hauling freight may drive up to 11 hours after 10 hours off duty.6 The driver cannot drive past the 14th hour after coming on duty.7 A 30-minute break is required after 8 hours of driving.8 Logs show if those rules were broken.
Most logs now come from an electronic logging device, or ELD. It records data such as the truck's location.9 Federal rules ban tampering with it.10 Separate from the ELD, many trucks have an engine computer, often called a black box. It can store speed, braking and sudden stops. That data can be written over when the truck goes back on the road.
| Record | How long the carrier must keep it |
|---|---|
| Driver logs and supporting documents | At least 6 months from when received1 |
| Backup copy of ELD records | 6 months, on a separate device11 |
| Inspection and repair records | 1 year, and 6 months after the truck leaves its control12 |
| Accident register | 3 years after each accident13 |
| Driver qualification file | Must exist for every driver it employs14 |
These are minimums. After 6 months, a log that could prove your case may be gone. That is why a preservation letter matters. It is a written demand telling the company to save its records, the truck and its data. Send it early, usually through a lawyer.
Drug and alcohol tests matter too. Testing can be required when someone is hurt and treated away from the scene and the truck driver gets a ticket.15 A drug test not done within 32 hours is no longer attempted.16 Ask whether a test was done and what it showed.
What can a truck accident claim cover?
A claim can include hospital and rehab bills, future care, lost pay, lost ability to earn, car replacement, and pain and suffering. If you lost a family member, a separate wrongful death claim may apply. The value depends on your injuries, who was at fault, how much insurance is available and your state's law. We cannot give you a typical amount, and be wary of anyone who does.
Do truck accident laws change by state?
Yes. Federal rules cover trucks and carriers, but your injury claim usually runs under state law. Your state sets your deadline to sue, how shared fault works and what damages you can ask for. Some deadlines are short if a government truck or road is involved. Check your state on this site, or use your city guide below for local report and deadline details.
When do I need a truck accident lawyer?
Sooner than in a normal car wreck. Trucking companies and their insurers often start investigating right away, and key records have short clocks. Talk to a truck accident attorney if you went to the hospital, missed work, lost someone, or were hit by a company with more than one name on the truck. A lawyer can review it for free. Ask them whether they have handled claims against motor carriers and whether they will send a preservation letter this week.
Mistakes that hurt semi truck accident claims
- Assuming the driver is the only one who can be responsible.
- Waiting months to ask for logs and black box data.
- Accepting a fast offer before you know the full extent of your injuries.
- Giving the trucking insurer a recorded statement or broad medical authorizations.
- Fixing or scrapping your car before it can be inspected.
- Writing down only the tractor's plate and not the trailer's.
Questions
How long does a trucking company keep driver logs?
At least 6 months from when it receives them.1 A backup copy of ELD records must also be kept for 6 months.11
How much insurance does a semi truck have to carry?
At least $750,000 for most for-hire interstate freight carriers, and more for many hazardous loads.25
How many hours can a truck driver drive?
Up to 11 hours after 10 consecutive hours off duty, and not past the 14th hour on duty.67
Is the truck driver or the company responsible?
It can be both. Other companies, such as the trailer owner or the loader, may also be responsible.
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Cities
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- Tempe
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Guides
- Pain that shows up days after a crash: when to get checked
- Hit by a driver with no insurance: what you can do
- How long does a car accident settlement take?
- How contingency fees work and what you take home
- How much is my injury claim worth? The factors that decide it
- How to get a police report for a car accident, and what to do if it is wrong or missing
Sources
- eCFR, 49 CFR 395.8, checked 2026-11-08. “A motor carrier shall retain records of duty status and supporting documents required under this part for each of its drivers for a period of not less than 6 months from the date of receipt.”
- eCFR, 49 CFR 387.9, checked 2026-11-08. “with a gross vehicle weight rating of 10,001 or more pounds) Property (nonhazardous) $750,000”
- FMCSA, checked 2026-11-08. “In 2022, 6,050 large trucks and buses were involved in fatal crashes”
- eCFR, 49 CFR 396.3, checked 2026-11-08. “must systematically inspect, repair, and maintain”
- eCFR, 49 CFR 387.9, checked 2026-11-08. “but not mentioned in entry (2) or (4) of this table 1,000,000”
- FMCSA, checked 2026-11-08. “May drive a maximum of 11 hours after 10 consecutive hours off duty.”
- FMCSA, checked 2026-11-08. “May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.”
- FMCSA, checked 2026-11-08. “Drivers must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption.”
- eCFR, 49 CFR 395.26, checked 2026-11-08. “CMV geographic location information”
- eCFR, 49 CFR 395.8, checked 2026-11-08. “tamper with an ELD so that the device does not accurately record and retain required data”
- eCFR, 49 CFR 395.22, checked 2026-11-08. “A motor carrier must retain for 6 months a back-up copy of the ELD records on a device separate from that on which the original data are stored.”
- eCFR, 49 CFR 396.3, checked 2026-11-08. “shall be retained where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier's control.”
- eCFR, 49 CFR 390.15, checked 2026-11-08. “Motor carriers must maintain an accident register for 3 years after the date of each accident.”
- eCFR, 49 CFR 391.51, checked 2026-11-08. “Each motor carrier shall maintain a driver qualification file for each driver it employs.”
- eCFR, 49 CFR 382.303, checked 2026-11-08. “Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident”
- eCFR, 49 CFR 382.303, checked 2026-11-08. “If a test required by this section is not administered within 32 hours following the accident, the employer shall cease attempts to administer a controlled substances test”