What Should You Do if a Truck Driver Causes Your Accident?

Truck Accidents Are Different From Most Car Accidents

One of the biggest misconceptions I hear from new clients is that a truck accident claim works the same way as any other car accident.

In reality, commercial truck accidents are often far more complex.

When an 80,000-pound tractor-trailer collides with a passenger vehicle, the injuries are frequently much more severe. At the same time, there are usually far more people involved behind the scenes.

Instead of dealing with a single driver and one insurance company, a truck accident may involve:

• The truck driver
• The trucking company
• A commercial insurance carrier
• The company that loaded the cargo
• A maintenance contractor
• A truck or parts manufacturer

As a San Diego truck accident lawyer

one of the first things I investigate is whether more than one party contributed to the crash.

Identifying every responsible party can have a major impact on the amount of compensation available.

Step One: Call 911 Immediately

If you're involved in a collision with a commercial truck, call 911 immediately.

Even if the accident appears minor, an official police investigation is extremely important.

The responding officer will typically:

• Document the accident scene
• Interview witnesses
• Record statements from everyone involved
• Identify possible traffic violations
• Prepare an official traffic collision report

This report often becomes one of the most valuable pieces of evidence during a claim.

Never assume you can simply exchange insurance information and drive away after a truck accident.

Step Two: Seek Medical Attention Immediately

Some injuries are obvious.

Others are not.

I've represented clients who initially believed they were only sore, only to discover days later that they had suffered:

• Herniated discs
• Concussions
• Internal injuries
• Torn ligaments
• Spinal injuries

Seeking prompt medical care protects your health.

It also creates important documentation linking your injuries to the collision.

If you've wondered whether immediate treatment really matters, I recommend reading:

Do You Need Medical Treatment to Win a Personal Injury Case in California?

Step Three: Preserve Every Piece of Evidence

Evidence begins disappearing almost immediately after a crash.

Commercial trucking companies often have investigators working on serious accidents within hours.

Their objective is simple:

Protect the trucking company.

Meanwhile, injured victims are often focused on emergency treatment.

If you're physically able, gather:

• Photos of every vehicle
• Close-up photos of damage
• Wide-angle photos of the accident scene
• Road conditions
• Traffic signs
• Weather conditions
• Skid marks
• Debris
• Visible injuries

If there are witnesses, obtain:

• Names
• Phone numbers
• Email addresses

Many businesses near major intersections also have surveillance cameras that may have captured the collision.

The sooner this evidence is identified, the better.

For more information, read:

What Evidence Can Help Win a Personal Injury Claim?

Step Four: Understand That the Truck Driver May Not Be the Only Responsible Party

Many people assume the truck driver is automatically the only person responsible.

That's often incorrect.

Truck accident investigations frequently uncover additional liable parties.

Examples include:

Trucking Company

The company may have:

• Failed to train the driver
• Encouraged unsafe driving schedules
• Ignored maintenance issues
• Violated federal safety regulations

Cargo Company

Improperly loaded cargo can shift during transportation, causing a truck to lose control.

Maintenance Provider

Brake failures, tire blowouts, and steering problems may result from negligent maintenance.

Parts Manufacturer

In some situations, defective vehicle components contribute to serious crashes.

Determining liability requires a thorough investigation.

Step Five: Commercial Trucks Must Follow Federal Regulations

Unlike passenger vehicles, commercial trucking companies must comply with extensive federal safety regulations.

These rules cover areas such as:

• Driver qualification files
• Hours-of-service limitations
• Electronic logging devices (ELDs)
• Vehicle inspections
• Maintenance schedules
• Drug and alcohol testing
• Driver training

Violations of these regulations may provide important evidence in a truck accident case.

This is one reason truck accident litigation is generally much more complex than a standard San Diego car accident lawyer case.

Step Six: Be Careful When Speaking With Insurance Adjusters

Insurance adjusters often contact accident victims very quickly.

They may say things like:

"We just want your version of events."

"We'd like to resolve this quickly."

"Can we record your statement?"

Remember:

The insurance company's goal is to protect its financial interests.

Not yours.

Avoid guessing about:

• Vehicle speeds
• Following distance
• Visibility
• Fault
• Your injuries

Even innocent statements can later be used to minimize your claim.

You may also find this helpful:

Common Insurance Company Tactics After an Accident (And How to Respond)

Step Seven: Learn What Caused the Truck Accident

One of the first questions I ask after a truck accident is simple:

What caused the crash?

Determining the cause is critical because it often determines who may be legally responsible.

Some of the most common causes of commercial truck accidents include:

Driver Fatigue

Truck drivers spend long hours on the road.

Although federal Hours of Service regulations limit how long commercial drivers can operate without rest, violations still occur.

Fatigued driving can slow reaction time and impair judgment much like alcohol.

Distracted Driving

Truck drivers can become distracted by:

• GPS devices
• Dispatch systems
• Cell phones
• Eating while driving
• Adjusting vehicle controls

A fully loaded tractor-trailer traveling at highway speed can cover hundreds of feet in only a few seconds.

Speeding

Commercial trucks require much longer distances to stop than passenger vehicles.

Excessive speed makes it even harder to avoid collisions.

Improper Cargo Loading

Improperly secured cargo can shift while the truck is moving.

Cargo shifts may cause:

• Rollovers
• Jackknife accidents
• Loss of steering control

Poor Vehicle Maintenance

Mechanical failures frequently contribute to serious crashes.

Examples include:

• Brake failures
• Tire blowouts
• Steering defects
• Lighting failures

Commercial trucking companies are expected to properly inspect and maintain their vehicles.

Black Box Data Can Become Critical Evidence

Most commercial trucks contain an Event Data Recorder, commonly called the "black box."

This device may record:

• Vehicle speed
• Brake application
• Steering input
• Engine performance
• Hours of operation
• Sudden deceleration
• Impact information

This information can help determine exactly what happened before a collision.

Because this evidence may not be preserved indefinitely, it's important that appropriate steps are taken as early as possible.

Jackknife Accidents Can Cause Multi-Vehicle Crashes

One of the most dangerous types of commercial truck accidents is a jackknife accident.

A jackknife occurs when the trailer swings outward from the cab, forming an angle that resembles the blade of a folding pocketknife.

These crashes often happen because of:

• Sudden braking
• Excessive speed
• Wet or slippery roads
• Driver error
• Improperly balanced cargo

Once a trailer begins to swing sideways, it can block multiple lanes of traffic within seconds, causing chain-reaction collisions involving several vehicles.

Because jackknife accidents frequently involve multiple victims and significant property damage, determining liability often requires a detailed investigation into the truck driver's actions, the condition of the vehicle, and whether the trucking company complied with federal safety regulations.

Underride Accidents Are Among the Most Severe Truck Collisions

An underride accident occurs when a passenger vehicle slides underneath the rear or side of a commercial truck.

These crashes often result in catastrophic injuries because the upper portion of the passenger vehicle may be crushed beneath the trailer.

Underride accidents commonly occur when:

• A truck stops suddenly
• A trailer is poorly illuminated at night
• A truck makes a wide turn across traffic
• A vehicle cannot stop in time

Federal regulations require many commercial trucks to use underride guards, reflective tape, and proper lighting to help reduce the risk of these devastating collisions.

When safety equipment is missing or defective, additional parties beyond the truck driver may share responsibility.

Truck Blind Spots Are Much Larger Than Most Drivers Realize

Commercial trucks have significant blind spots, commonly referred to as "No-Zones."

These blind spots exist:

• Directly in front of the truck
• Directly behind the trailer
• Along both sides of the vehicle

While passenger vehicle drivers should avoid lingering in these areas whenever possible, truck drivers also have a responsibility to check mirrors carefully before changing lanes or making turns.

Many truck accidents occur because a truck driver begins changing lanes without recognizing that another vehicle is already occupying the adjacent lane.

Blind spot accidents often require a careful review of witness statements, vehicle damage, and available video footage to determine exactly how the collision occurred.

Driver Logbooks Can Reveal Important Evidence

Federal law limits the number of hours commercial truck drivers may operate before taking mandatory rest breaks.

These rules are intended to reduce fatigue-related crashes.

Today, many trucking companies use Electronic Logging Devices (ELDs) instead of traditional paper logbooks.

These devices may record:

• Driving hours
• Rest periods
• Engine operation
• Vehicle movement
• Mileage
• Location data

When a trucking company pressures drivers to exceed legal driving limits, those records may become powerful evidence in a truck accident claim.

Obtaining this information quickly is important because electronic data may not be retained forever.

FMCSA Safety Regulations Exist to Protect Everyone on the Road

Commercial trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA).

These regulations establish minimum safety standards for:

• Driver qualifications
• Hours of service
• Drug and alcohol testing
• Vehicle inspections
• Cargo securement
• Maintenance records
• Driver training
• Recordkeeping

Violations of FMCSA regulations do not automatically establish liability, but they may provide important evidence that a trucking company failed to meet federally required safety standards.

Part of investigating a truck accident involves determining whether any of these regulations were violated before the collision occurred.

Commercial Insurance Policies Often Provide More Coverage Than Passenger Vehicle Policies

Another important difference between truck accident cases and ordinary car accident claims involves insurance coverage.

Commercial trucking companies often carry substantially larger insurance policies than individual drivers.

Depending on the type of trucking operation, coverage may reach hundreds of thousands—or even millions—of dollars.

However, larger insurance policies also mean insurance companies frequently defend these claims much more aggressively.

Commercial insurers often have:

• Accident reconstruction experts
• Private investigators
• Defense attorneys
• Claims specialists

working on serious accidents almost immediately after they occur.

Because of this, preserving evidence early and understanding your legal rights can be especially important following a commercial truck collision.

Comparative Negligence May Still Apply

Sometimes the trucking company's insurance carrier argues that the injured driver contributed to the crash.

For example, they may claim you:

• Changed lanes improperly
• Were following too closely
• Were speeding
• Failed to avoid the collision

California follows comparative negligence laws.

That means you may still recover compensation even if you were partially responsible for the accident.

If you'd like to learn more about how this works, read:

How Comparative Negligence Works in California Personal Injury Cases