The moment of impact changes everything. One second you’re driving home from work, thinking about dinner plans. The next, you’re sitting in a mangled car while a FedEx truck’s engine hisses steam beside you.
Your head is pounding. Your shoulder feels wrong. Someone is asking if you’re okay, but you can’t quite process what just happened.
I’ve talked to hundreds of truck accident victims over the years, and they all describe that same disorienting moment when normal life stops and everything becomes about survival. What you do in the next few hours can determine whether you get fair compensation for your injuries or spend years fighting insurance companies.
Most people have no idea what to do after getting hit by a commercial truck. They’re in shock, dealing with injuries, and trying to process an overwhelming situation. Meanwhile, the trucking company’s insurance team is already working to minimize their liability.
You need to know what steps to take immediately to protect yourself and your family.
Why Truck Accidents Are Different
Getting hit by a delivery van isn’t like getting rear-ended by another Honda Civic. Commercial vehicles operate under federal regulations, carry higher insurance limits, and involve corporate defendants with teams of lawyers.
An Amazon van weighs three times more than your car. A fully loaded semi can weigh 40 times more. When these vehicles hit passenger cars, the physics are devastating. What might be a minor fender bender between two cars becomes a trip to the trauma center when a truck is involved.
The legal complexity matches the physical severity. Truck accident cases involve federal regulations about driver qualifications, hours of service, vehicle maintenance, and cargo securement. Companies have elaborate structures designed to limit their liability when crashes occur.
Insurance companies representing trucking companies are more aggressive and better funded than typical auto insurers. They have specialists who respond to accident scenes within hours to gather evidence and build their defense.
If you don’t know how to protect yourself immediately after the crash, you’ll be fighting an uphill battle for years.
Step One: Make Sure You’re Safe and Get Help
Your first priority is medical attention, even if you feel fine. Adrenaline masks pain and injury symptoms often don’t appear until hours or days later.
I’ve represented clients who walked away from truck crashes thinking they were uninjured, only to discover herniated discs, concussions, or internal bleeding the next day. Insurance companies love pointing to accident reports that say “no injuries” when you’re trying to claim damages later.
Call 911 and request both police and paramedics. If you’re trapped in your vehicle or seriously injured, don’t try to move. Help is coming.
If you can move safely, check on other people involved in the crash. But don’t attempt to move anyone who might have spinal injuries.
Get yourself and your passengers to a safe location away from traffic. Truck crashes often cause secondary accidents when other vehicles can’t stop in time or don’t see disabled cars in the roadway.
Turn on your hazard lights if your car is still functional. Set up road flares or reflective triangles if you have them and can do so safely.
Step Two: Let the Police Document Everything
California requires police reports for crashes involving injuries, deaths, or significant property damage. Truck accidents almost always meet these criteria.
When officers arrive, be honest about what happened but stick to facts you’re certain about. Don’t speculate about causes or blame. Phrases like “I didn’t see the truck” or “I was probably going too fast” can be used against you later.
If the truck driver tries to convince you not to call police because “it was just a minor bump,” ignore them. Commercial drivers know their companies face higher liability exposure when police reports are filed. That’s exactly why you need official documentation.
The police report becomes crucial evidence in your case. It includes the officer’s assessment of fault, witness statements, road and weather conditions, and whether any traffic violations occurred.
Make sure the officer gets contact information from all witnesses. Witnesses often leave accident scenes quickly, and tracking them down later can be impossible.
Ask the responding officer for the report number and how to obtain a copy. You’ll need this for insurance claims and legal proceedings.
Step Three: Gather Evidence While You Can
If you’re physically able and it’s safe to do so, document everything you can see. Your smartphone is your most valuable tool for preserving evidence.
Take photos of all vehicles from multiple angles, showing the damage to each. Get pictures of the truck’s license plate, DOT number, and company information displayed on the vehicle.
Photograph the accident scene, including skid marks, debris, traffic signals, and road conditions. If weather was a factor, document that too.
Get pictures of any visible injuries you or your passengers sustained. These photos can be powerful evidence later when insurance companies claim your injuries aren’t serious.
Write down or record audio notes about what happened while your memory is fresh. Include details about what you were doing before the crash, what you remember about the impact, and how you felt immediately afterward.
Collect contact information from witnesses, including their names, phone numbers, and what they saw. Independent witnesses often provide the most credible testimony about how accidents occurred.
If the truck driver makes any statements about what happened—admitting fault, saying they were tired, or mentioning equipment problems—write down exactly what they said.
Step Four: Get Information from the Truck Driver
You need more information from commercial drivers than you would from regular motorists. Beyond basic contact and insurance information, get:
The driver’s commercial license number and the trucking company they work for. Many drivers are independent contractors, so the truck owner and the driver’s employer might be different entities.
The truck’s DOT number, which is usually displayed on the side of commercial vehicles. This helps identify the company responsible for the vehicle’s operation.
Ask if the driver is an employee or independent contractor. This affects liability in ways that matter for your case.
Find out what cargo the truck was carrying and where it was going. Overweight or improperly secured cargo contributes to many truck accidents.
If possible, ask how long the driver has been on duty that day. Federal regulations limit driving hours, and violations can prove negligence.
Be polite but persistent. Commercial drivers are required to provide this information after accidents, but some will try to avoid giving details that might implicate their employers.
Step Five: Watch What You Say to Insurance Companies
Your own insurance company will need basic information about the accident, but don’t give detailed recorded statements until you’ve consulted with an attorney.
Never speak to the truck driver’s insurance company without legal representation. These insurers have specialists trained to get you to say things that limit your claim. They might call within hours of the accident, hoping to catch you while you’re still in shock.
Common tactics include asking leading questions designed to get you to admit partial fault, downplay your injuries, or accept quick settlement offers before you understand the full extent of your damages.
If the trucking company’s insurer contacts you, be polite but firm: “I’m still assessing my injuries and will be in touch through my attorney.” Then call a lawyer immediately.
Document any calls you receive from insurance companies, including the company name, adjuster’s name, date and time, and what was discussed.
Step Six: Seek Medical Attention Immediately
Go to an emergency room or urgent care facility even if you feel fine. Many serious injuries from truck accidents don’t cause immediate pain.
Traumatic brain injuries often have delayed symptoms. Internal bleeding can be life-threatening but not immediately obvious. Spinal injuries might not cause pain until inflammation develops hours later.
The medical evaluation serves two purposes: protecting your health and documenting your injuries for legal purposes. Insurance companies routinely argue that delayed medical treatment means injuries weren’t serious or weren’t caused by the accident.
Be completely honest with medical providers about all symptoms, even minor ones. Pain, dizziness, confusion, nausea, or emotional distress are all important to document.
Follow up with your primary care doctor within a few days, even if the emergency room cleared you. Some injuries become apparent only after the initial shock wears off.
Keep detailed records of all medical treatment, including appointment dates, providers seen, tests performed, and treatments recommended.
Step Seven: Preserve Electronic Evidence
Modern trucks are equipped with electronic systems that record detailed information about speed, braking, engine performance, and driver behavior. This data can prove what really happened in the seconds before your crash.
But electronic data gets overwritten automatically after 30-60 days in many commercial vehicles. If you wait too long to hire an attorney, crucial evidence disappears forever.
GPS tracking systems can show whether the truck was speeding, following too closely, or making erratic movements before the crash. Hours of service logs reveal whether the driver was legally allowed to be on the road.
Cell phone records can prove whether the driver was texting or talking while driving. Dashcam footage from the truck or nearby vehicles might capture the entire sequence of events.
An experienced truck accident attorney knows how to send preservation notices that prevent companies from destroying or altering electronic evidence.
Step Eight: Be Careful with Quick Settlement Offers
Trucking company insurers often make settlement offers within days of accidents, hoping to resolve claims before victims understand their full value.
These initial offers typically cover only property damage and basic medical expenses. They don’t account for lost wages, future medical treatment, pain and suffering, or long-term disability.
I’ve seen insurance companies offer $15,000 for injuries that eventually resulted in $400,000 settlements. They count on injured people accepting immediate money instead of pursuing fair compensation.
Once you accept a settlement and sign a release, you typically cannot pursue additional compensation later, even if your injuries turn out to be worse than expected.
Never accept settlement offers without consulting an attorney who can evaluate whether the amount is fair based on the full scope of your damages.
Why You Need Legal Help Quickly
Truck accident cases are complex and involve federal regulations that most attorneys don’t understand. Companies have sophisticated legal and insurance teams working to minimize their liability from the moment accidents occur.
The trucking industry operates under Federal Motor Carrier Safety Administration regulations that create specific legal obligations for driver qualifications, vehicle maintenance, cargo securement, and hours of service compliance.
Violations of these regulations can prove negligence, but you need attorneys who know where to look for evidence and how to interpret technical data.
Insurance companies representing trucking companies are more aggressive than typical auto insurers. They have specialists who respond to accident scenes, interview witnesses, and begin building defenses before most victims even realize they need legal help.
The sooner you hire experienced representation, the better chance you have of preserving evidence and building a strong case.
Common Mistakes That Hurt Your Case
Waiting too long to seek medical attention gives insurance companies ammunition to argue that your injuries weren’t serious or weren’t caused by the accident.
Giving recorded statements to the trucking company’s insurer without legal representation. These statements are designed to limit your claim and can be used against you later.
Accepting quick settlement offers before understanding the full extent of your injuries and damages. Many injuries from truck accidents require months or years of treatment.
Failing to preserve evidence. Electronic data from trucks gets overwritten, surveillance footage gets deleted, and witnesses forget details or move away.
Not following through with recommended medical treatment. Insurance companies argue that gaps in treatment mean you weren’t really injured or that you’re not taking your recovery seriously.
What Your Case Might Be Worth
Every truck accident case is different, but certain factors consistently drive higher settlements and jury verdicts.
Medical expenses include not just past bills, but also future treatment costs. Brain injuries and spinal cord damage often require lifetime care that can cost millions of dollars.
Lost wages include both time missed from work and reduced earning capacity if your injuries affect your ability to perform your job long-term.
Pain and suffering damages compensate for physical discomfort, emotional distress, and loss of life enjoyment. These often exceed economic losses in serious injury cases.
Property damage covers vehicle repair or replacement, rental car costs, and personal items damaged in the crash.
In cases involving gross negligence or intentional wrongdoing, punitive damages may be available to punish the defendant and deter similar conduct.
Time Limits You Need to Know
California gives you two years from the accident date to file a personal injury lawsuit, but waiting that long puts you at a serious disadvantage.
Some evidence has much shorter preservation periods. Electronic data from trucks might be overwritten in 30 days. Surveillance video often gets deleted after 60-90 days.
If your accident involved a government entity—a city bus, county truck, or accident on a government-maintained road—special notice requirements may apply with deadlines as short as six months.
Insurance companies often impose their own deadlines for filing claims or providing documentation. Missing these deadlines can complicate your case even if you’re still within the legal statute of limitations.
Why Families Choose Our Firm
Truck accident cases require attorneys with specific experience in commercial vehicle regulations, corporate liability structures, and the tactics used by trucking industry insurers. From preserving evidence to dealing with the trucking company’s insurer, a truck accident lawyer in Orange County can guide you through every step after a crash.
At Kubota & Craig, we’ve handled hundreds of truck accident cases throughout California. We understand the federal regulations that govern the trucking industry and know how to hold companies accountable when their drivers cause crashes.
We have the resources to take on major corporations and their insurance companies. We work with accident reconstruction experts, medical specialists, and economists who can demonstrate the full impact of your injuries.
Most importantly, we understand that truck accidents don’t just cause physical injuries—they disrupt entire families and communities. We fight not just for fair compensation, but for accountability that prevents future tragedies.
If you’ve been injured in any truck accident in California, contact us for a free consultation. We’ll review your case, explain your options, and help you understand what fair compensation should look like.
You don’t pay attorney fees unless we recover money for you. And we don’t take cases unless we believe we can win them.
Time is working against you. Every day you wait is another day for evidence to disappear and for the trucking company’s legal team to strengthen their defense.
Call us today. Let us start fighting for your family while you focus on getting better.
About the Author
By Yoshiaki C. Kubota, Esq. | Published: October 29, 2025
Yoshiaki C. Kubota is a founding partner at Kubota & Craig, PC, and has been a California-licensed attorney since 1994 (State Bar #175555). He has more than 30 years of experience representing truck- and delivery-crash victims throughout Orange County and statewide.
Learn more: https://www.kubotacraig.com/yoshi-kubota/
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. This communication is attorney advertising under California Rules of Professional Conduct Rule 7.3. For advice about your situation, consult a qualified attorney.
Selected Sources:
- Cal. Civ. Code §1714 (Comparative Fault)
- Cal. Civ. Code §2338 (Respondeat Superior)
- Cal. Code Civ. Proc. §335.1 (Personal Injury SOL)
- Cal. Gov. Code §911.2 (Government Claims – 6-month notice)
- Cal. Veh. Code §22350 (Basic Speed Law), §23123 (Wireless Phones), §16025 (Info Exchange)
- FMCSR: 49 CFR Parts 391 (Driver Qualifications), 393 (Parts & Accessories/Loading), 395 (Hours of Service), 396 (Inspection/Repair/Maintenance)
