Being hit by a commercial truck turns an ordinary drive into a crisis. You may be hurt, shaken, and trying to sort through what just happened while traffic moves around you.
What to do after a truck accident matters more than most people realize, because the first hour protects both your health and a potential claim. This guide walks through the steps California law expects, the evidence worth protecting, and the deadlines that follow.
Key Takeaways
- Call 911 and get medical care first, because some truck accident injuries don’t show up for hours.
- California law requires drivers in injury accidents to exchange information at the scene and to report the crash to law enforcement within 24 hours.
- A DMV SR-1 accident report is due within 10 days when a crash causes injury, death, or more than $1,000 in property damage.
- Do not give a recorded statement to the trucking company’s insurer before you speak with an attorney.
- Trucking DMVcompanies control electronic driver logs and vehicle data, so acting early protects evidence before it disappears.
Step 1: Get to a Safe Place and Call 911
Moving out of traffic is the first priority in the minutes right after a truck accident. Move yourself and your passengers out of the travel lanes as soon as it is safe, then turn on your hazard lights. Set out flares or triangles if you have them.
Call 911 if anyone may be hurt, fuel is leaking, or the wreck blocks a lane. Tell the dispatcher where you are, how many vehicles are involved, and whether anyone appears injured. Emergency crews treat these calls as medical events as well as traffic events, and paramedics can spot injuries you cannot feel.
California law also expects drivers to render reasonable assistance to anyone hurt in a crash, including arranging transport to a hospital. California Vehicle Code section 20003 states that duty.
Step 2: Get Medical Care Right Away, Even If You Feel Fine
Adrenaline hides pain, and several common truck crash injuries announce themselves hours later. Internal bleeding, concussions, and soft tissue damage are the usual examples.
Get evaluated the same day, even if you walked away from the scene. A medical record created that day ties your injuries to the crash. Gaps in treatment later give an insurer room to argue the injuries were minor.
Keep every discharge summary, prescription, and referral in one folder. Those records become the backbone of any damage claim you later bring.
Step 3: Report the Accident to Law Enforcement
Responding officers document vehicle positions, damage, and statements in a report that insurers treat as a near-contemporaneous record. Ask for the report number and the responding agency before you leave the scene.
California Vehicle Code section 20008 adds a duty of its own. Any driver in an injury accident must file a written report with the California Highway Patrol or city police within 24 hours.
Answer the officer’s questions factually and let the investigation assign fault. Casual or off-hand statements at the scene have a way of resurfacing in a claim months later.
Step 4: Exchange Information With the Truck Driver
California Vehicle Code section 16025 requires every driver in a crash to exchange identifying and insurance information. Section 20003 imposes the same duty after an injury accident. A commercial truck adds items a passenger car never carries, so collect the:
- driver’s name, address, and driver’s license number.
- carrier’s name, address, and USDOT number, usually printed on the cab door.
- insurer’s name, address, and policy number.
- Truck’s license plate and any trailer identifiers.
- names and phone numbers of witnesses.
Write these details down before you leave the scene. Drivers move on, and locating a carrier after the fact is far harder than writing down its USDOT number at the roadside.
Step 5: Photograph the Scene While Evidence Is Still There
Photographs taken in the first hour show more than memory ever will. Photograph both vehicles from several angles, the final resting positions, skid marks, debris, traffic signs, and any visible injuries. Photograph the truck’s company name, USDOT number, and trailer markings if they are visible.
Leave timestamp data intact on your photos. Note the weather, the light, and anything unusual about the truck, such as a trailer riding low or a damaged tire. Crews clear wrecked vehicles quickly, and road repairs erase marks within days.
Step 6: Tell Your Insurance Company About the Crash
Most policies require prompt notice of a claim, so report the crash to your insurer as soon as you can. Give the basic facts: the date, the location, the vehicles involved, and the police report number if one exists.
You do not need a complete medical picture to open a claim. Details about your injuries can follow once doctors have finished their evaluation.
Step 7: File the DMV SR-1 Report Within 10 Days
California requires a separate accident report to the Department of Motor Vehicles after many crashes. The SR-1 is due within 10 days when a crash involves injury, death, or property damage over $1,000. California Vehicle Code section 16000 sets that duty, and it applies to every driver in the crash, not just the at-fault driver.
A police report does not satisfy this requirement. The California DMV warns that failing to file an SR-1 can lead to a suspension of driving privileges. An insurance agent, broker, or attorney may file the report on a driver’s behalf.
Why a Truck Accident Claim in California Works Differently
A commercial crash brings federal rules, carrier-held records, and shared fault, and each difference rewards early action.
Federal safety rules generate records
Federal Motor Carrier Safety Administration rules limit property-carrying drivers to 11 hours of driving after 10 consecutive hours off duty. The same rules cap the workday at 14 hours and require a 30-minute break after 8 cumulative hours of driving. Drivers record those hours in electronic logging devices, and the resulting files can show whether fatigue contributed to the crash.
The carrier controls the evidence
Electronic logging data, engine control module records, driver qualification files, and maintenance histories all sit with the trucking company. Those records can be overwritten or purged as time passes, which is why preservation letters go out early in truck cases.
Fault often spreads across parties
The driver, the carrier, a maintenance contractor, or a cargo loader may each share responsibility. Federal law sets minimum liability coverage at $750,000 for interstate property carriers. That figure comes from 49 U.S.C. section 31139.
What Not to Do After a Truck Accident
Do not sign anything that assigns fault or promises payment to another driver. Never give a recorded statement to the carrier’s insurer. Decline any settlement offer until doctors have a full picture of your injuries.
Two mistakes cause the most trouble in these cases: gaps in medical treatment and settlements accepted too early. Delay itself carries a cost, because witnesses forget, scene evidence disappears, and electronic records get recycled.
California Deadlines After a Truck Accident
Deadlines start running the moment a crash happens. The table below collects the California requirements that most often matter after a truck collision.
|
Requirement |
Deadline |
Source |
|
Written report to law enforcement |
Within 24 hours of an accident involving injury or death |
California Vehicle Code section 20008 |
|
DMV SR-1 accident report |
Within 10 days when a crash involves injury, death, or property damage over $1,000 |
California Vehicle Code section 16000; California DMV |
|
Personal injury lawsuit |
Generally 2 years from the date of injury |
California Code of Civil Procedure section 335.1 |
|
Property damage lawsuit |
Generally 3 years from the date of damage |
California Code of Civil Procedure section 338 |
Claims involving a government vehicle follow shorter notice rules, so treat any public-entity connection as a reason to call an attorney promptly.
How a Truck Accident Lawyer Can Help Protect Your Claim
Trucking companies send investigators to crash scenes within hours, and their insurers respond to claims with legal teams. A truck accident lawyer in Los Angeles can send preservation letters and request electronic logging and maintenance records. Counsel also handles every conversation with the carrier’s insurer while you recover. Kirtland & Packard, LLP has represented injured people in the South Bay for decades.
We handle all cases on a contingency basis.
Contact Kirtland & Packard for a Free Consultation
Were you hurt in a crash with a commercial truck? The personal injury lawyers at Kirtland & Packard, LLP can review what happened and explain your options at no cost. Our truck accident lawyer team serves Los Angeles and the South Bay from our Redondo Beach office.
Call (310) 536-1000 today. Calls Answered 24/7 | Se habla español.
Frequently Asked Questions
How long do I have to file a truck accident lawsuit in California?
Generally, two years from the date of injury under Code of Civil Procedure section 335.1. Property damage claims generally allow three years under section 338. Deadlines can be shorter when a government vehicle is involved, so speak with an attorney well before any deadline.
What information should I collect from the truck driver?
Collect the driver's name and license number, the insurer's name and policy number, and the carrier's name and USDOT number. California Vehicle Code sections 16025 and 20003 require this exchange. Ask witnesses for their names and phone numbers before they leave.
Can I refuse a recorded statement from the trucking company's insurer?
You can politely decline. The adjuster works for the carrier, and nothing obligates you to give a recorded statement before speaking with an attorney. Written answers prepared with legal guidance carry less risk than off-the-cuff recordings.
What does the DMV SR-1 report do?
The SR-1 is a report filed with the California DMV within 10 days of a crash involving injury, death, or property damage over $1,000. It is separate from any police report. Failing to file it can affect driving privileges.
Will I have to pay a lawyer up front?
No. Kirtland & Packard, LLP handles these cases on contingency, so the firm collects the fee only if we win. The percentage is agreed upon in writing before work begins and typically runs 33 to 40 percent of the recovery.