What to Do After a Truck Accident: A Step-by-Step Checklist

After a truck accident, get to safety, call 911, get medical care, and collect what evidence you safely can. Then be careful what you say to insurers, and act quickly to have the trucking company’s records preserved.

The short version:

• Your health comes first. Get checked even if you feel fine.
• Photograph the scene, the vehicles, and the truck’s company name and DOT number.
• Give insurers the basic facts only. Do not give a recorded statement or sign a release without advice.
• Key trucking records can be lawfully discarded within months, so a preservation demand should go out within days.

This is general information, not legal advice. What you should do depends on your injuries, your state, and your insurance.

At the scene

1. Get out of danger. If you can move safely, get away from traffic, fuel leaks, and spilled cargo. Turn on your hazard lights.
2. Call 911. Report injuries and ask for police. A police report is an independent record of what happened, and it is hard to make a claim without one.
3. Accept medical help. Let paramedics assess you. Adrenaline hides pain, and some injuries, including concussion and internal injuries, do not show at first.
4. Exchange information. From the truck driver, get their name, licence, employer, and insurance details.
5. Do not argue about fault. Say what happened to the police. Do not apologise or guess at causes.

What to photograph and write down

If you are able, or someone with you is:

• every vehicle, from several angles, including where each came to rest;
• the truck’s cab and trailer: the company name, the USDOT number on the door, licence plates on both tractor and trailer;
• skid marks, debris, road signs, traffic lights, and road and weather conditions;
• your visible injuries;
• names and phone numbers of witnesses;
• the officers’ names and the report number.

The trailer and the tractor are often owned by different companies. Getting both plates and any names on the trailer helps identify everyone who may be liable.

In the first few days

See a doctor. If you were not taken to hospital, be examined within a day or two, and follow the treatment you are given. Gaps in treatment are routinely used to argue that an injury is minor or unrelated.

Tell your own insurer. Most policies require prompt notice. Give the basic facts. Your own policy may pay first through personal injury protection in a no-fault state, or through uninsured motorist coverage if the other driver’s insurance is missing or too small.

Keep everything. Medical bills and records, repair estimates, receipts, proof of missed work, and a simple diary of your symptoms and what you could not do.

Stay off social media about it. Posts and photos are often used against claimants.

Do not repair or dispose of your vehicle until it has been photographed and, in a serious case, inspected.

Dealing with the trucking company’s insurer

Expect a call quickly. Commercial insurers often make contact within days.

• You can confirm who you are and that the crash happened. You do not have to give a recorded statement.
• Do not sign a medical authorisation that gives access to your whole history, or a release, without advice.
• Be wary of an early offer. Once you accept and sign a release, you generally cannot ask for more, even if your injuries turn out to be worse.

Preserve the trucking company’s evidence

The most useful evidence in a truck case is held by the carrier, and federal rules let it discard some of it. Driver logs and their supporting documents need only be kept for six months, and electronic data on the truck can be overwritten sooner.

A spoliation letter puts the company on notice to keep the truck, its electronic data, the driver’s logs, and maintenance and dispatch records. It is usually sent by an attorney within days.

The deadlines

Every state sets a statute of limitations for injury claims, commonly between one and four years. If a government vehicle or a road defect is involved, a much shorter notice period can apply, sometimes months. Miss the deadline and the claim is usually lost.

When to talk to a lawyer

Consider it early if you were seriously hurt, if fault is disputed, if more than one company is involved, or if an insurer is pressing you to settle. Most truck accident lawyers offer a free first consultation and work on a contingency fee. Our guide to choosing a truck accident lawyer explains what to ask.

Frequently asked questions

Should I talk to the trucking company’s insurance adjuster?

You can give basic facts, but you are not required to give a recorded statement, and it is sensible to get advice before you do. The adjuster works for the insurer, not for you.

What if I felt fine at the scene but hurt later?

That is common. See a doctor as soon as symptoms appear and tell them about the crash, so the link between the two is recorded.

What is the DOT number and why does it matter?

It is the number the U.S. Department of Transportation assigns to a commercial carrier, usually displayed on the truck’s door. It identifies the company responsible for the truck, which may not be the name painted on the trailer.

How long do I have to file a claim?

It depends on your state, commonly one to four years for an injury claim, with shorter notice periods for claims against government bodies.

Do I have to accept the first settlement offer?

No. You can refuse or negotiate. Do not sign a release until you understand the full extent of your injuries and costs.

Where to go from here

See the other injury claim guides, including the hours of service rules that often decide fatigue cases and the MCS-90 endorsement, which tells you how to look up the trucking company’s insurer. Arhox is an independent publication, not a law firm; our editorial policy and disclaimer explain how these guides are prepared.