How Truck Accident Claims Differ From Car Accident Claims

Truck accident claims differ from car crash claims in 4 ways. Federal safety rules create a paper trail that can prove fault, and trucks must carry at least $750,000 in liability coverage. Key records can be lawfully deleted within months, and several companies may share the blame.

How often do truck crashes cause serious harm?

Often, and mostly to people outside the truck. NHTSA's 2023 data counts 5,472 people killed in crashes involving large trucks, down 8% from 5,969 in 2022.

Of those killed, 70% were in other vehicles, 18% were in the trucks and 12% were pedestrians, cyclists or other nonoccupants. About 153,452 people were injured.

Driver error shows up often. In FMCSA's Large Truck and Bus Crash Facts 2022, 33% of large-truck drivers in fatal crashes had at least one driver-related factor recorded. Speeding was the most common.

How do federal hours-of-service rules help prove fault?

They set hard limits on driving time, so a violation is strong evidence of fatigue. The rules for property-carrying drivers are in 49 CFR §395.3.

• 10 hours off first. A driver must have 10 consecutive hours off duty before driving.
• 11-hour driving limit. After that break, the driver may drive up to 11 hours total.
• 14-hour window. No driving after the 14th consecutive hour since coming on duty, even if some of the 11 hours remain.
• 30-minute break. Required after 8 cumulative hours of driving.
• Weekly cap. 60 hours on duty in 7 days, or 70 hours in 8 days, reset by 34 or more consecutive hours off.

On August 27, 2026, FMCSA announced 2 pilot programs. They test more flexible sleeper-berth splits and a pause of up to 3 hours in the 14-hour window. They cover only enrolled test drivers. The limits above still apply to everyone else.

What are electronic logging devices, and why do they matter?

An electronic logging device (ELD) records a driver's duty status automatically from the truck's engine. Under 49 CFR §395.8(a), carriers had to install ELDs by December 18, 2017. Exceptions include trucks built before model year 2000.

ELD data shows when the truck moved, for how long and at what times. That makes hours violations far easier to prove than with old paper logbooks.

The catch is retention. Section 395.8(k) requires carriers to keep duty records and supporting documents for only 6 months. After that, the carrier may delete them without breaking any federal rule.

What other records does the trucking company have?

Federal rules require carriers to create and keep several records that don't exist in a car crash case.

• Driver qualification file. Under 49 CFR §391.51, it holds the application, driving record, road test and medical certificate. It must be kept for the length of employment plus 3 years.
• Accident register. 49 CFR §390.15 requires a log of reportable crashes, kept for 3 years after each one.
• Post-crash drug and alcohol tests. 49 CFR §382.303 requires testing after any fatal crash. It also applies when the driver is cited and someone needs treatment away from the scene or a vehicle is towed.

The testing windows are short. An alcohol test should happen within 2 hours, and the carrier must stop trying after 8. A drug test must be done within 32 hours.

A driver file showing past violations or a lapsed medical certificate can support a claim that the carrier was negligent in hiring the driver.

What is a preservation letter, and when should it go out?

It's a written demand that the carrier keep specific evidence, and it should go out within days. It lists ELD data, dash camera video, maintenance records, dispatch messages, the driver file and the truck itself.

The letter matters because courts punish destroying evidence only when there was a duty to keep it. In Texas, that duty arises when a party knows or should know there is "a substantial chance that a claim will be filed."

That test comes from Brookshire Bros. v. Aldridge (July 3, 2014). The court held that jurors can be told to presume lost evidence was harmful mainly when it was destroyed on purpose.

A letter sent in week 1 removes any doubt about notice. Without one, a carrier can point to its 6-month deletion policy and say it did nothing wrong.

Who can be held responsible besides the driver?

Often several companies. Each one may have its own insurance.

• The motor carrier. The company operating the truck is usually responsible for its driver's negligence and for its own hiring, training and scheduling.
• The freight broker. Brokers arrange loads and pick carriers. On May 14, 2026, the U.S. Supreme Court ruled 9-0 in Montgomery v. Caribe Transport II that federal law doesn't block state negligent-hiring claims against brokers.
• The shipper or loader. Cargo that was overloaded or poorly secured can cause rollovers and spills.
• A maintenance shop or parts maker. Brake, tire and lighting failures can point to the company that serviced or built the part.

The Montgomery case began when a truck veered off course in Illinois and struck a stopped tractor-trailer. The driver of that truck lost a leg. The ruling lets claims like his go forward against the broker that picked the carrier, C.H. Robinson.

How much insurance does a truck carry?

At least $750,000 for most for-hire trucks. Under 49 CFR §387.9, that minimum applies to general freight carriers using vehicles of 10,001 pounds or more.

• $1,000,000 for trucks hauling oil or certain hazardous materials.
• $5,000,000 for certain higher-risk hazardous materials, including in some vehicles under 10,001 pounds.

Those are floors, not caps. When several defendants are involved, each one's coverage can add to what's available. How your damages are valued is covered in how personal injury settlements are calculated.

What should you do after a truck crash?

1. Photograph both sides of the truck cab. Under 49 CFR §390.21, it must show the carrier's name and its USDOT number.
2. Look up that number on FMCSA's free SAFER Company Snapshot, which shows inspection and crash history.
3. Get the police report number and the names of every officer and witness.
4. Send a preservation letter, or have a lawyer send one, within the first week. The 6-month ELD retention clock is already running.
5. Don't give a recorded statement to the carrier's insurer. See dealing with insurance adjusters.
6. Note your filing deadline. It's 2 years in California and Texas. Our statute of limitations guide covers other states.
7. Ask any lawyer you interview how many trucking cases they have taken to trial and whether they subpoena ELD data. Compare local firms in our city rankings.