// THE PROCESS
How a truck
claim works.
Five steps from crash scene to settlement. The vast majority of cases resolve without a trial — but timelines vary, often from several months to multiple years depending on injury severity.
- 01
// STEP / 01
Seek Medical Attention Immediately
Your health comes first — and your medical records are your most important evidence. Visit a doctor or emergency room even if you feel fine. Adrenaline can mask serious injuries. Document every symptom and keep all records.
- 02
// STEP / 02
Preserve Evidence
Photograph the scene, your injuries, and vehicle damage. Obtain the police report number. Note the truck company name, DOT number, and driver details. Two distinct data sources matter: ELD (Electronic Logging Device) records — which carriers must retain for six months under 49 CFR §395.22(i) — and engine control module (ECM) event data, which can be overwritten within days or weeks. A spoliation letter sent quickly helps preserve both.
- 03
// STEP / 03
Identify All Liable Parties
Your attorney will investigate the driver, the trucking company (motor carrier), the vehicle or trailer owner (which may differ from the operator), the shipper or freight broker, the cargo loader, the maintenance contractor, and the truck or component manufacturer. Each party may carry separate insurance policies.
- 04
// STEP / 04
File Your Claim
A formal claim is submitted to the at-fault party's insurer. Your attorney handles all communications, negotiations, and documentation. You focus on recovering.
- 05
// STEP / 05
Negotiation, Settlement or Trial
The vast majority of personal-injury cases settle before trial. If the insurer does not offer fair compensation, your attorney can file a lawsuit. Resolution timelines vary widely — straightforward cases may settle in under a year, while catastrophic-injury or disputed-liability cases often take two to three years or longer.
// CRITICAL · TIME LIMITS
Every state has a deadline.
In some states the statute of limitations is as short as one year. Miss the deadline and you lose the right to compensation — permanently. Visit our state-by-state guide.
Find your state's deadline