Why truck crashes are different
A loaded semi is far heavier than a car, so injuries can be more serious. The legal side is different too. The driver may work for a carrier, drive under another company's authority, or haul a trailer owned by someone else.
That means there can be more than one insurance policy and more than one company that may share responsibility.
Who may be responsible
- The truck driver, if they were careless or broke a traffic law.
- The trucking company, for the driver's actions on the job or for how it hired, trained or scheduled drivers.
- The company that loaded the cargo, if a shifting or overloaded load played a part.
- A repair shop or parts maker, if a brake, tire or other failure helped cause the crash.
- The owner of the trailer, if it's a separate business.
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
Federal rules trucks must follow
Federal rules limit how long truck drivers can drive. A driver carrying freight can usually drive up to 11 hours after 10 hours off duty, and can't drive past 14 hours after coming on duty (49 C.F.R. Part 395).
Many drivers must record their hours on an electronic logging device. Federal rules also cover driver qualification files and vehicle inspection and maintenance (49 C.F.R. Parts 391 and 396). If a company ignored these rules, that can matter in a claim.
Commercial insurance
Trucking companies that carry freight for hire across state lines must keep a minimum level of liability insurance on file with the federal government, and those minimums are higher than for regular drivers (49 C.F.R. Part 387).
The trucking company's insurer may contact you soon after the crash. You usually don't have to give the other side's insurer a recorded statement, and it's fine to get advice first.
Evidence to protect early
- The company name on the truck and any USDOT number shown on it.
- Photos of the truck, trailer, load and any skid marks.
- Names and numbers of witnesses.
- Your medical records from the start.
- Ask an attorney about sending a letter that tells the company to keep its logs, inspection records and electronic data.
Deadlines and fault
You generally have 2 years to file in Arizona (A.R.S. § 12-542) and in Georgia (O.C.G.A. § 9-3-33). If you were partly at fault, Arizona reduces your recovery by your share (A.R.S. § 12-2505), while Georgia only allows recovery if you were less than 50% at fault (O.C.G.A. § 51-12-33).
It's free to check your claim, and you don't have to go ahead.