A for hire trucking company hauling general freight across state lines must carry at least $750,000 in liability coverage under federal rules, and California requires the same $750,000 for most carriers that stay inside the state. Federal rules also limit a driver to 11 hours of driving inside a 14 hour window after 10 hours off duty.49 C.F.R. §§ 387.9, 395.3; Cal. Veh. Code § 34631.5
A trucking company hauling general freight across state lines must carry at least $750,000 in liability coverage under federal rules. Texas requires $500,000 for commercial vehicles over 26,000 pounds that stay inside the state. In a lawsuit over a commercial vehicle crash, the defendant can ask for the trial to be split into two phases.49 C.F.R. § 387.9; 43 Tex. Admin. Code § 218.16; Tex. Civ. Prac. & Rem. Code § 72.052
Washington applies the federal motor carrier safety rules, including driver hours, inspections and insurance, to carriers that operate only inside the state as well as those crossing state lines. The federal minimum for hauling general freight across state lines is $750,000 in liability coverage.WAC 446-65-010; 49 C.F.R. § 387.9
Why truck crashes are different
A loaded tractor trailer can weigh many times what a car weighs, so the injuries are often severe. That is the obvious difference. The legal differences matter just as much:
More than one company may share responsibility.
Federal safety rules apply on top of state traffic law.
The insurance policies are larger, and the insurers defend them hard.
Much of the evidence is in the trucking company's hands.
Who can be responsible
In a car crash the question is usually which driver was careless. In a truck crash the list is longer.
The driver, for the same reasons any driver can be: speed, distraction, fatigue, following too closely.
The trucking company. An employer is generally responsible for what its employees do on the job. A company can also be responsible in its own right for how it hires, trains, schedules and supervises drivers and how it maintains its trucks.
Whoever owns the tractor or the trailer, which is not always the company whose name is on the door.
Whoever loaded the cargo, if a shifting or overweight load played a part.
A repair shop or a parts maker, if a mechanical failure such as brakes or tires caused the crash.
Sorting out which companies are involved, and how they relate to one another, is one of the first jobs in a truck case. The answer decides which insurance policies are available.
The safety rules trucking companies must follow
Commercial carriers are regulated by the Federal Motor Carrier Safety Administration. Its rules cover who can drive, how long, and how trucks must be inspected and maintained. Washington applies those federal rules to carriers that stay inside the state too.
The best known are the limits on driving time for drivers hauling property:
No more than 11 hours of driving inside a 14 hour window, after 10 consecutive hours off duty.
A 30 minute break after 8 hours of driving.
No driving after 60 hours on duty in 7 days, or 70 hours in 8 days.
These rules exist because tired drivers cause crashes. When a driver or a company breaks one, that is strong evidence of carelessness.
Evidence that does not last
The most useful evidence in a truck case is often held by the company being blamed, and it is not kept forever:
Electronic logs showing the driver's hours.
Data recorded by the truck itself, such as speed and braking before the crash.
Dash camera video.
Dispatch records, delivery schedules and messages between the driver and the company.
Inspection and maintenance records, and the driver's qualification file.
A lawyer's first step is usually a written demand that the company preserve all of it. The sooner that goes out, the less there is to argue about later. For your part, keep your own photos, the names of witnesses, and the name and number on the side of the truck.
Insurance
Trucking companies must carry far more insurance than ordinary drivers.
Insurance and safety rules for commercial trucks
California
Texas
Washington
Commercial trucks
A for hire trucking company hauling general freight across state lines must carry at least $750,000 in liability coverage under federal rules, and California requires the same $750,000 for most carriers that stay inside the state. Federal rules also limit a driver to 11 hours of driving inside a 14 hour window after 10 hours off duty.49 C.F.R. §§ 387.9, 395.3; Cal. Veh. Code § 34631.5
A trucking company hauling general freight across state lines must carry at least $750,000 in liability coverage under federal rules. Texas requires $500,000 for commercial vehicles over 26,000 pounds that stay inside the state. In a lawsuit over a commercial vehicle crash, the defendant can ask for the trial to be split into two phases.49 C.F.R. § 387.9; 43 Tex. Admin. Code § 218.16; Tex. Civ. Prac. & Rem. Code § 72.052
Washington applies the federal motor carrier safety rules, including driver hours, inspections and insurance, to carriers that operate only inside the state as well as those crossing state lines. The federal minimum for hauling general freight across state lines is $750,000 in liability coverage.WAC 446-65-010; 49 C.F.R. § 387.9
Larger policies do not mean easier claims. A carrier and its insurer may start investigating a serious crash right away. What you say to them can be used later. This site found no statute or insurance regulation in California, Texas or Washington that requires an injured person to give them a recorded statement, or that says one is never required. Many people talk to a lawyer first.
Fault and deadlines
The ordinary rules on shared fault and time limits apply to truck crashes as they do to any other.
Texas reduces your damages by your percentage of responsibility. If you are found more than 50 percent responsible, you recover nothing.Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012
Your share of fault reduces your damages by that percentage but does not bar your claim. One exception: an injured person who was under the influence can be barred entirely if that was a cause of the injury and they were more than 50 percent at fault.RCW 4.22.005; RCW 5.40.060
The clocks that can be running
More than one deadline can apply to the same event. The bars share one scale: the full width is 3 years.
Claims against a government agency
California
6 monthsfor a written claim or notice
Texas
6 monthsfor a written claim or notice. A city can set a shorter period.
A written claim must be presented to the city, county, state agency or other public entity within six months. If the entity sends a proper written rejection, a lawsuit generally has to be filed within six months of that notice. A request to file late must be made within a reasonable time, not to exceed one year after the claim arose. The statute leaves a few narrow kinds of time out of that year.Cal. Gov. Code §§ 911.2, 911.4, 945.6
A city, county, school district or state agency must receive notice of the claim within six months of the incident. The notice describes the injury or damage, the time and place, and what happened. A city’s charter can set its own notice period, which may be shorter, so do not assume you have the full six months.Tex. Civ. Prac. & Rem. Code § 101.101
Before suing a city, county or other local government, you must present a tort claim form to its designated agent and then wait 60 calendar days. Claims against the State go to the Office of Risk Management with the same 60 day wait. The form has to be presented within the normal limitation period, and that period is paused during the 60 days.RCW 4.96.020; RCW 4.92.100; RCW 4.92.110
Deadline to sue for an injury
Generally two years for an injury caused by someone else’s wrongful act or carelessness.Cal. Code Civ. Proc. § 335.1
Texas adds a procedural rule of its own. In a lawsuit over a crash with a commercial motor vehicle, the defendant can require the trial to be held in two phases, with exemplary damages (damages meant to punish) decided only in the second. It affects how a case is prepared, not whether you have one.
If the truck belonged to a city, a county or a state agency, the government claim rules apply and the first deadline is far shorter.
What to do now
Get medical care and follow through with it.
Write down the company name, the truck and trailer numbers, and the plate, if you have them.
Keep every photo, and do not repair or dispose of your vehicle until it has been documented.
Think before giving the trucking company or its insurer a recorded statement. Many people talk to a lawyer first.
Talk to a lawyer early. In truck cases, the evidence is the reason not to wait.
Is the truck driver or the trucking company responsible for a truck accident?
Often both. The driver can be responsible for the same reasons as any driver, and an employer is generally responsible for what its employees do on the job. The company can also be responsible in its own right for how it hires, trains, schedules and supervises drivers and how it maintains its trucks. The owner of the tractor or trailer, whoever loaded the cargo, a repair shop or a parts maker may share responsibility too.
How long do I have to sue a trucking company?
The ordinary deadlines apply: generally two years in California and Texas and three years in Washington for an injury claim. If the truck belonged to a city, a county or a state agency, the government claim rules apply and the first deadline is far shorter. The evidence is the stronger reason not to wait, because much of it is held by the company and is not kept forever.
How much insurance does a trucking company have to carry?
Federal rules require at least $750,000 in liability coverage for a for hire carrier hauling general freight across state lines. California requires the same $750,000 for most carriers that stay inside the state, and Texas requires $500,000 for commercial vehicles over 26,000 pounds that stay inside the state. Washington applies the federal safety rules, including insurance, to carriers that operate only inside the state as well.
How long is a truck’s black box or logbook data kept?
Not forever. Electronic logs, the truck’s own data on speed and braking, dash camera video and dispatch records are in the trucking company’s hands. A lawyer’s first step is usually a written demand that the company preserve all of it, and the sooner that goes out, the less there is to argue about later.
Should I talk to the trucking company’s insurance adjuster?
You have no contract with the trucking company or its insurer, and this site found no statute or insurance regulation in California, Texas or Washington that requires an injured person to give them a recorded statement, or that says one is never required. A carrier and its insurer may start investigating a serious crash right away, and what you say to them can be used later. Many people get medical care, keep their own photos and records, and talk to a lawyer before giving a recorded statement.
What if I was partly at fault for a crash with a truck?
The same shared fault rules apply as in any crash. California and Washington reduce your damages by your share of the fault. Texas does too, but allows no recovery if you are found more than 50 percent responsible. Washington has an exception for an injured person who was under the influence.
How many hours can a truck driver drive?
Federal rules limit a driver hauling property to 11 hours of driving inside a 14 hour window, after 10 consecutive hours off duty. A 30 minute break is required after 8 hours of driving, and there are weekly limits of 60 hours on duty in 7 days or 70 hours in 8 days. When a driver or a company breaks one of these rules, that is strong evidence of carelessness.
Sources
Primary sources for the rules on this page. Checked on the dates shown.
This site gives general legal information. It is not legal advice, and reading it does not create an attorney client relationship. Deadlines depend on the facts. Some are much shorter than the general rule. Do not rely on this page to decide how long you can wait.
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