On this page
- Identify the truck, carrier and sequence of events
- Preserve evidence beyond the collision report
- Apply the rules that actually govern the operation
- Responsibility depends on conduct, relationships and causation
- Build a supported account of injury losses
- Discuss deadlines and the next steps early
- Common questions
- Sources and further reading
Identify the truck, carrier and sequence of events
A tractor-trailer, delivery vehicle and municipal truck may involve different operators and rules. Record the driver's information, company names, plate numbers, vehicle unit numbers and any visible USDOT number when it is safe. The tractor and trailer may have different owners, so photographs of both can be useful.
Write down where each vehicle was traveling, the lane or intersection involved, and what you actually saw. Mark uncertainty instead of filling gaps with assumptions. Save the responding agency's incident number and witness contact details. For help obtaining the report, use our Glendale, LAPD and CHP report guide.
Preserve evidence beyond the collision report
Depending on the vehicle and circumstances, useful evidence may include:
- Dashcam footage, nearby surveillance and original scene photographs.
- Electronic driving logs, dispatch messages and trip records.
- Vehicle data, inspection reports, repair records and damaged components.
- Cargo documents, loading information and photographs of shifted freight.
Not every truck has the same recording equipment, and different records may belong to different companies. Tell counsel where the vehicles are stored and whether repairs or disposal are planned. Document your own vehicle before its condition changes, while also addressing safety and storage charges.
FMCSA's recordkeeping guidance identifies a six-month retention requirement for records of duty status and supporting documents. That rule does not mean every kind of collision evidence remains available for six months or that litigation preservation duties end then. Discuss preservation promptly. A request to retain material also does not guarantee immediate access to it.
Apply the rules that actually govern the operation
Federal hours-of-service requirements distinguish driving time, on-duty time and rest. For example, the standard rule for covered property-carrying drivers generally allows up to 11 driving hours after 10 consecutive hours off duty, within a separate 14-hour window. FMCSA's summary also explains breaks and exceptions. The vehicle, trip and applicable exemptions must be checked before alleging a violation.
Maintenance deserves its own review. FMCSA describes systematic maintenance as a regular program to keep vehicles safe, with intervals depending on the fleet and vehicle. A defect allegation should be connected to inspection history and the collision, rather than assuming that every mechanical problem establishes liability.
Build a supported account of injury losses
Keep treatment records, bills, benefit statements, missed-work documentation and receipts for injury-related expenses. An accurate record of changed daily activities can help explain losses that a repair estimate does not capture. Future care or reduced earning ability requires appropriate supporting evidence, not a standard multiplier.
Available coverage and provable damages are separate questions. A commercial vehicle does not guarantee a particular insurance limit or settlement. Identify each insurer and claim number, save coverage letters, and ask what a proposed release would resolve before signing. Our medical-bill guide explains questions to organize while a claim is pending.
Discuss deadlines and the next steps early
California's general injury deadline is two years, subject to exceptions. A claim involving a public entity may require a government claim within six months. Do not wait for treatment or insurance discussions to finish before checking the applicable dates.
For a free consultation, bring the crash date, location, report details, treatment summary and any insurer correspondence. We can discuss what further investigation would require and whether representation is appropriate. If retained on a contingency basis, the written agreement should explain attorney fees and case costs separately, including what happens if there is no recovery.
Common questions
Is the trucking company always responsible for its driver's crash?
No. The company's legal relationship to the driver and vehicle, the work being performed, and the conduct that caused the collision need review. A logo or delivery label alone does not resolve liability.
Can I discuss a claim before the police report is ready?
Yes. Bring the incident number and investigating agency if available. Evidence preservation and deadline review can begin with the information you already have.
Does a large truck mean a larger settlement?
There is no automatic settlement amount based on vehicle size. Responsibility, documented injury losses, available coverage and other case-specific factors must be evaluated.
What if I was driving for work when the truck hit me?
Tell the legal team about your work status and any workers' compensation claim. Benefits and a potential claim against another responsible party may need coordinated review; do not assume one replaces the other.
Sources and further reading
- FMCSA: Hours-of-service summary
- FMCSA: ELD and supporting-document FAQs
- FMCSA: Systematic inspection, repair and maintenance
- Judicial Council: 2026 civil jury instructions, CACI 405 and 406
- California Code of Civil Procedure section 335.1
- California Government Code section 911.2
- California Labor Code section 3852: Third-party actions
- California Business and Professions Code section 6147: Contingency agreements
Published by Aghabegian Law Group, P.C. This information is general education, not legal advice for your circumstances. Laws, agency procedures, and insurance terms can change. Contacting the firm does not by itself create an attorney-client relationship.
