A crash with a commercial truck is a different kind of claim from a crash between two cars. There is a company behind the driver, federal rules on top of the state’s, records that exist only for a time, and there can be more than one insurer. This page says how The Ledger Law Firm handles such a claim, what the rules are in California, Texas and Washington, and what to do first.
How the firm handles a truck accident claim
We start by listening to what happened. Then we gather the police report, the medical records and the photographs, find every company and insurer that may be answerable, and put a value on the claim only when the facts support one. If the insurers will not pay what the claim is worth, the claim can be filed in court.
The firm works on a contingency fee: the fee is a percentage of what is recovered. If there is no recovery, you owe no attorney fee, but you may still be responsible for court costs and case expenses.
Call (800) 300-0001. Free case evaluation.
What is different about a truck claim
A truck that carries goods or passengers across state lines works under federal rules as well as the state’s. The regulations of the Federal Motor Carrier Safety Administration, in Title 49 of the Code of Federal Regulations, apply to all employers, employees and commercial motor vehicles that transport property or passengers in interstate commerce (49 C.F.R. section 390.3).
The federal rules limit how long a truck driver may drive. A driver of a property carrying commercial motor vehicle may drive a total of 11 hours within a period of 14 consecutive hours after coming on duty, and only after 10 consecutive hours off duty. Driving is not permitted once more than 8 hours of driving time have passed without an interruption of at least 30 consecutive minutes. A driver may not drive after having been on duty 60 hours in 7 consecutive days where the carrier does not operate every day of the week, or 70 hours in 8 consecutive days where it does. The section has exceptions (49 C.F.R. section 395.3).
Some of a trucking company’s records must be kept only for a set time. A motor carrier must keep its drivers’ records of duty status and supporting documents for not less than 6 months from the date of receipt (49 C.F.R. section 395.8), and a vehicle’s inspection, repair and maintenance records for 1 year and for 6 months after the vehicle leaves the carrier’s control (49 C.F.R. section 396.3).
Federal rules also set a minimum of financial responsibility. For a for hire carrier of nonhazardous property in interstate or foreign commerce, with a vehicle of a gross vehicle weight rating of 10,001 or more pounds, the minimum is $750,000. For the hazardous cargoes the table lists it is $1,000,000 or $5,000,000 (49 C.F.R. section 387.9).
Who can be responsible
Beside the driver, a truck claim can involve the company the driver works for, the owner of the truck or the trailer, a company that loaded the cargo, a company that maintained the truck, and the maker of a part. Who is answerable depends on the facts of the crash.
The rules by state
California. A lawsuit for an injury or a death caused by the wrongful act or neglect of another must be filed within two years (Code of Civil Procedure section 335.1). A claim for death or for injury to a person against a public body must first be presented to that body not later than six months after the claim arises (Government Code section 911.2). Damages are reduced by the injured person’s share of the fault, with no cutoff (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).
Texas. A lawsuit for personal injury must be brought not later than two years after the day the cause of action accrues (Civil Practice and Remedies Code section 16.003). A governmental unit is entitled to notice of a claim not later than six months after the day of the incident, and a city’s charter may set a period of its own (section 101.101). A claimant whose percentage of responsibility is greater than 50 percent may not recover damages. Otherwise the court reduces the damages by the claimant’s percentage of responsibility (sections 33.001 and 33.012).
Washington. An action for an injury to the person must be commenced within three years (RCW 4.16.080). A claim for damages against the state or a local government must first be presented to it, and no action may be commenced until sixty calendar days have passed after the claim is presented (RCW 4.92.110 and RCW 4.96.020). Any contributory fault chargeable to the claimant reduces the damages in proportion but does not bar recovery (RCW 4.22.005).
This is general information and not legal advice. Every deadline has exceptions. Ask a lawyer about the dates and rules in your own case.
What to do after a truck crash
- Get medical care first.
- Call the police and wait for them if you can.
- Photograph the truck, its company name and the numbers on its door, the other vehicles and the road.
- Take the names and numbers of the people who saw it.
- Keep everything the insurers send you.
- Do not give the trucking company’s insurer a recorded statement or sign a release before you have talked to a lawyer.
Where the firm meets clients
The firm’s offices are in Newport Beach, California and Dallas, Texas. In Los Angeles, Seattle, Bellevue, Tacoma and Kirkland it meets clients by appointment.
Who is licensed where
California: Emery Brett Ledger and Sabrina Sabbagh. Texas: Emery Brett Ledger and Randall L. Meredith. Washington: Emery Brett Ledger and Bruce Cyra.
Questions
When should I consult a lawyer after a truck accident?
Soon, and before you give the trucking company’s insurer a recorded statement or sign a release. Some of a trucking company’s records must be kept only for a set time, and the deadlines above apply.
What does a truck accident lawyer do?
At this firm, the lawyer listens to what happened, gathers the police report, the medical records and the photographs, finds every company and insurer that may be answerable, and puts a value on the claim only when the facts support one. If the insurers will not pay what the claim is worth, the claim can be filed in court.
How can a truck accident lawyer help?
A truck claim can involve more than one company, more than one insurer, and federal rules as well as the state’s. A lawyer gathers the records, deals with the insurers for you, and files the claim in court if it comes to that. A case evaluation is free.
Recent News & Articles
Recent Posts
- Punitive Damages in a Car Accident: When Can You Recover Them?
- Tailgating Injury: What Causes Tailgating, Road Rage & How to Stay Safe
- Waiting to Call a Lawyer Can Hurt Your Case: Evidence, Deadlines & Legal Risks
- What Is Property Damage in a Car Accident? Claims, Costs & Who Pays
- Bodily Injury & Property Damage: Coverage, Claims, Liability & Compensation