A collision with a commercial truck requires more than exchanging insurance information. Your first priorities are getting out of danger, calling 911, obtaining medical care, and documenting what you can without discussing fault.
The person driving the truck may not be the only party connected to the crash. Motor carriers, maintenance providers, cargo loaders, and manufacturers may hold relevant records or share responsibility. For more than 30 years, we’ve represented injured clients in San Diego and throughout Southern California, and we know early decisions following a collision can affect evidence that’s difficult to recover later.
Put Safety, Medical Care & Reporting First
Protect your health and safety before trying to collect information. Move to a safe location if you can do so without creating another hazard, turn on your hazard lights, and call 911. Request medical assistance if anyone is hurt, even if the injury seems minor at the scene.
Adrenaline can mask pain following a commercial truck collision. A prompt medical evaluation creates a record of your condition and allows a medical professional to identify injuries that aren’t immediately apparent. Follow treatment instructions and keep copies of discharge papers, prescriptions, appointment summaries, and bills.
California also has reporting requirements that shouldn’t be overlooked:
- Report a crash involving injury or death in writing to the California Highway Patrol or the appropriate city police department within 24 hours under California Vehicle Code section 20008.
- Submit DMV Form SR-1 within 10 days when a crash causes injury, death, or more than $1,000 in property damage to any one person.
- Give responding officers factual information, but don’t guess about speed, distance, or fault.
On a freeway or state highway, the California Highway Patrol generally investigates and prepares a CHP 555 Traffic Collision Report. On San Diego surface streets, a local police department generally handles the investigation. Keep the report number, the officers’ names, and the name of the responding agency.
Build a Record While Details Are Fresh
If you’re physically able and it’s safe, gather information before the vehicles are moved or the roadway is cleared. A thorough record captures details that may disappear quickly.
Commercial trucks display identifying information that can connect the vehicle to its carrier and related records. Collect:
- The name of the person driving, employer, insurance information, and commercial driving information.
- The carrier name, U.S. Department of Transportation number, license plate, trailer number, and visible cargo or equipment.
- Names and contact details for witnesses, passengers, and responding officers.
- Photos or video of vehicle positions, damage, debris, skid marks, and visible injuries.
- Photos of the weather, roadway conditions, traffic signals, lane markings, and the truck’s identifying markings.
Write down what you remember as soon as possible. Include where you were traveling, the traffic conditions, what the truck was doing before impact, statements you heard, and any pain or symptoms that developed later. A dated personal account preserves details that are easy to forget.
CHP traffic crash reports are typically available within about 7 to 10 business days after the collision. Involved parties and authorized representatives may request them under California Vehicle Code section 20012. Review the report carefully, but remember that a Traffic Collision Report is only one part of the evidence relevant to truck accident liability.
Act Quickly to Preserve Trucking Evidence
Much of the evidence in a commercial vehicle case is controlled by a motor carrier or another business. The vehicle could be repaired, electronic data could be overwritten, and internal records may not remain available indefinitely.
An electronic logging device records hours-of-service information. Federal rules require many interstate commercial drivers to use these devices, which can show driving time, duty status, and rest periods. Other records that can help reconstruct the events leading to a collision include:
- Driver logs and dispatch records.
- GPS information and onboard data.
- Inspection records and truck maintenance records.
Federal regulations require motor carriers to systematically inspect, repair, and maintain commercial vehicles. Maintenance documents may reveal whether a carrier addressed brakes, tires, steering components, or other safety-related issues before the crash.
Our truck accident work includes pursuing driver logs and carrier records, preserving electronic onboard recorder data, seeking an inspection before the vehicle is repaired, and reviewing driving history and maintenance materials. Early preservation requests matter because the vehicle and its records are generally not in the injured person’s possession.
Protect the Full Scope of Your Claim
Notify your own insurer of the crash and provide basic facts. Be cautious, however, when an insurance adjuster for the motor carrier contacts you. Don’t give a recorded statement, sign a release, or accept a quick payment before you understand what the document covers and how your injuries may develop.
A trucking claim may involve several insurance policies and entities. Depending on the facts, potentially responsible parties include:
- The person driving the truck.
- The motor carrier.
- A maintenance company.
- A cargo distributor or loader.
- A truck or parts manufacturer.
Post-crash testing may also become relevant. Federal Motor Carrier Safety Administration rules require drug and alcohol testing following a fatal crash. Testing is also required following certain injury or tow-away crashes when the commercial driver receives a moving-violation citation.
Organized records can establish economic losses and the personal impact of an injury. Save:
- Letters, emails, texts, claim numbers, and voicemail messages from insurers.
- Medical records and missed-work documentation.
- Vehicle repair records, receipts, and photographs.
Know the Deadlines That Govern Your Claim
Under California Code of Civil Procedure section 335.1, a personal injury lawsuit generally must be filed within two years of the injury date. Property-damage claims generally have a three-year deadline, although exceptions can affect either timeline.
A much shorter deadline applies in some cases involving a public entity, such as a government-owned vehicle or agency. A written claim against a California public entity generally must be presented within six months of the injury under Government Code section 911.2. The facts determine which deadlines apply, so don’t wait until a deadline is close.
Preserving evidence, documenting treatment, and tracking income losses support a clear assessment of a claim. Depending on the case, the damages sought can include:
- Medical expenses and future care needs.
- Lost wages and reduced earning capacity.
- Physical pain and other non-economic harm.
We limit our active caseload to 15 matters so each case receives focused preparation and attention. For guidance following a serious truck collision, contact The McClellan Law Firm for a free initial consultation at (619) 215-1488.