You're safe, and that is what matters first. Truck crashes feel big and confusing. This page explains who might be involved and what to save, in plain steps.
Who might be responsible?
More than one party can be involved. This is general information, not a conclusion about any crash.
- The driver: the person behind the wheel.
- The trucking company (carrier): the business that operates the truck and must follow federal safety rules.
- Others: sometimes, depending on the facts. A lawyer can tell you who else may be involved.
Who is responsible depends on what happened. A lawyer can review the facts. Keep in mind that Virginia's fault rule is strict; read about contributory negligence.
What federal rules do trucks follow?
Federal rules limit how long truck drivers can work. For drivers of property-carrying vehicles, 49 CFR 395.3 (opens in a new tab) says (summarized):
- 10 consecutive hours off duty before driving
- no driving after 14 consecutive hours following that rest
- a total of 11 hours of driving within that window
- a break after 8 cumulative hours of driving without a 30-minute break
- 60 hours on duty in 7 consecutive days, or 70 hours in 8 consecutive days
- a weekly reset with 34 consecutive hours off
These are called hours-of-service rules.
What records exist, and for how long?
Carriers must keep driver records, including logs of duty status. Under 49 CFR 395.8(k)(1) (opens in a new tab), the carrier keeps them for not less than 6 months from receipt. That is a short window. If records are important to you, ask a lawyer to send a written request to preserve them soon.
How much insurance do trucks carry?
Federal rules set minimum financial responsibility for for-hire motor carriers in 49 CFR 387.9 (opens in a new tab). For for-hire carriers of nonhazardous property, the minimum is $750,000. For oil listed in 49 CFR 172.101, it is $1,000,000. For certain hazardous materials carried in bulk in cargo tanks, portable tanks or hopper-type vehicles, the schedule sets $5,000,000. These are minimums, not what any carrier actually has.
What should you save right away?
- Photos and video of the truck, its markings, plates, trailer, and the whole scene.
- The name of the trucking company and the truck's number, if you can see them.
- Names and numbers of witnesses.
- Your medical records and bills.
- The crash report once you have it.
- Your clothing, helmet or damaged items, kept as they are.
- Notes of every call with an insurer.
Rules at a glance
Who investigates, and where is the report?
It depends on where the crash happened and who responded. If a state trooper wrote the report, you can request it from the Virginia DMV (opens in a new tab). Our crash report guide lists the agencies and the steps. Ask the responding agency which one has your report.
Check your dates, too. Use the deadline checker.
