How Do I File a Truck Accident Lawsuit?

To file a truck accident lawsuit, you’ll need to gather medical records, preserve key evidence from the trucking company, identify all potentially liable parties, and file your claim within your state’s statute of limitations. Because commercial truck crashes often involve severe injuries and multiple defendants, these lawsuits are more complex than standard auto claims—and early legal intervention can make or break your case.

Step 1: Get Immediate Medical Treatment

Your health is the top priority. After a truck crash, even if you don’t feel seriously injured at the scene, it’s critical to get evaluated at the emergency room or urgent care. Some injuries—such as internal bleeding or spinal damage—don’t show symptoms right away. Delayed treatment can not only worsen your condition but also weaken your legal claim. Insurance companies often argue that “gaps in treatment” suggest your injuries weren’t serious.

Keep copies of all medical records, imaging results, prescriptions, and follow-up appointments. These documents will serve as evidence of the type and severity of your injuries, as well as the costs you incurred.

Step 2: Collect Evidence and Preserve the Scene

Truck accident evidence often disappears quickly. Commercial carriers are only required to retain some data (like driver logs) for a short time. Your attorney can issue a spoliation letter, which demands that the trucking company preserve:

• Electronic logging device (ELD) data
• Dashcam footage
• Maintenance and inspection reports
• Bills of lading and cargo manifests
• GPS tracking records
• Driver training and employment files

If this letter is sent too late, critical information may be overwritten or deleted. That’s why it’s important to speak with legal counsel early.

Step 3: Determine Liability

Truck accident cases often involve more than one liable party. While the driver may have caused the crash, their employer, a freight broker, a maintenance company, or a vehicle manufacturer could also be partially responsible. Common legal theories include:

• Negligent hiring or training by the trucking company
• Hours of service violations by the driver
• Improper cargo loading by a third party
• Mechanical defects or poor maintenance by outside vendors

Identifying all potential defendants early ensures your lawsuit is filed correctly and within all legal deadlines. A truck accident lawyer can help investigate and add additional parties if new evidence emerges during discovery.

Step 4: Calculate Damages

Your compensation should account for all current and future losses tied to the crash. These may include:

• Emergency room and hospital bills
• Physical therapy and rehabilitation
• Prescription medications and medical equipment
• Lost income or reduced earning capacity
• Pain and suffering
• Mental health treatment
• Property damage
• Out-of-pocket costs related to transportation or caregiving
• Future surgeries or long-term care needs

If a loved one was killed in the crash, you may also be eligible to file a wrongful death claim, which can include funeral expenses and loss of companionship.

Step 5: File the Lawsuit Before the Deadline

Each state has a statute of limitations that sets the deadline for filing personal injury claims. In most states, this window is two years from the date of the crash. However, deadlines can be shorter if a government entity is involved, or longer if the injured party is a minor. Failing to file on time may forfeit your right to seek compensation.

Once your complaint is filed in court, the case officially begins. The defendants will be served, and the legal process—including discovery, depositions, mediation, and trial—can take 12 to 24 months, depending on the complexity.

Filing a lawsuit is just one part of the recovery process. If you're still learning about what qualifies as a commercial vehicle, we’ve published a clear explanation that outlines how vehicle classification affects legal responsibilities and insurance requirements.

We’ve also written about what makes commercial vehicle accidents more dangerous than typical crashes—and why victims are often left with permanent injuries and steep medical costs.

And if you’re wondering what usually causes these devastating wrecks in the first place, check out our overview of the most common causes of truck accidents, including how employer negligence and maintenance failures are often to blame.

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