Settlement money

Truck accident lawsuit: who pays, and what you keep

A truck crash claim isn’t just a bigger car claim. Interstate trucking companies must carry at least $750,000 in liability coverage — up to $5 million for some hazardous loads — federal driving-time limits can show a driver was over their hours, and the company, not just the driver, is usually responsible. The claim check below runs your numbers through your state’s fault rule, the federal coverage floor and the fee; the guide explains how the lawsuit works.

Reviewed by Morgan Hale, EditorUpdated Sources (27) · Editorial policy

Truck accident claim check

1 The crash
$

Medical bills, lost pay, and pain and suffering, before fault. An offer or your own estimate.

2 Your share of the fault

Set by negotiation, or by a judge or jury. Try a few numbers.

3 The insurance behind the claim
What the truck was hauling

Federal minimums for interstate carriers (49 CFR § 387.9). Many carry more; trucks that stay in one state follow its rules.

4 The lawyer’s fee
When the claim settles

Florida’s fee rule sets these as the maximums on the first $1 million; your written agreement sets yours.

The short version:

  • Who pays: usually the trucking company’s insurer. Federal rules require at least $750,000 of coverage for for-hire carriers hauling ordinary freight, and up to $5 million for some hazardous loads.
  • Evidence: drivers may drive at most 11 hours within a 14-hour window, with a 30-minute break after 8 hours — and carriers must keep those records for only 6 months.
  • Deadlines and fees: 2 or 3 years to sue in the 10 largest states; fees often rise once a lawsuit is under way.
In this guide
  1. Who you can sue after a truck crash
  2. How much insurance a truck must carry
  3. Driving-time rules that become evidence
  4. Deadlines and fault rules in 10 states
  5. What a truck settlement leaves you
  6. Frequently asked questions
  7. Sources

Who you can sue after a truck crash

The driver, and in most cases the trucking company. Under respondeat superior, an employer is legally responsible for an employee’s wrongful acts on the job — which matters because the company, not the driver, carries the large insurance policy. Depending on what caused the crash, others can share responsibility: whoever loaded the cargo, the shop that maintained the truck, or the maker of a part that failed. Each one is a possible source of payment.

How much insurance a truck must carry

Federal minimums for motor carriers using vehicles of 10,001 pounds or more:

What the truck haulsMinimum liability coverage
For-hire carriers hauling ordinary (nonhazardous) freight$750,000
Oil, hazardous waste and most other hazardous materials$1,000,000
Hazardous substances in bulk — cargo tanks, portable tanks or hopper vehicles$5,000,000

Compare that with a car: Texas requires $30,000 per injured person and Pennsylvania $15,000. A for-hire truck hauling ordinary freight starts at 25 times Texas’s per-person minimum for cars. These are floors; many carriers buy more. Trucks that operate only within one state follow that state’s rules instead.

Driving-time rules that become evidence

Federal hours-of-service rules for drivers of property-carrying trucks:

  • 14-hour window: no driving after 14 consecutive hours on duty, which must follow 10 hours off.
  • 11 hours of driving at most within that window.
  • 30-minute break after 8 hours of driving.
  • 60 or 70 hours on duty in 7 or 8 consecutive days, reset by 34 hours off.

Most trucks record duty status on an electronic logging device, and carriers must keep the records and supporting documents for at least 6 months. Records that show a driver past these limits can help prove fatigue — but only if they still exist when someone asks. A written request to preserve them is one of the first things a truck accident lawyer sends.

Deadlines and fault rules in 10 states

StateDeadline to sue for injuryIf you were partly at fault
California2 years (Code Civ. Proc. § 335.1)Pure comparative fault (Li v. Yellow Cab Co. (1975))
Texas2 years (Civ. Prac. & Rem. Code § 16.003)Barred above 50% (Civ. Prac. & Rem. Code § 33.001)
Florida2 years (Stat. § 95.11(5)(a))Barred above 50% (Stat. § 768.81(2), (6))
New York3 years (CPLR 214(5))Barred above 50% (CPLR 1411(a), (b))
Pennsylvania2 years (42 Pa.C.S. § 5524(2))Barred above 50% (42 Pa.C.S. § 7102(a))
Illinois2 years (735 ILCS 5/13-202)Barred above 50% (735 ILCS 5/2-1116)
Ohio2 years (R.C. 2305.10(A))Barred above 50% (R.C. 2315.33)
Georgia2 years (O.C.G.A. § 9-3-33)Barred at 50% (O.C.G.A. § 51-12-33(a), (g))
North Carolina3 years (G.S. 1-52(16))Contributory negligence (N.C. common law)
Michigan3 years (MCL 600.5805(2))Reduced; no pain-and-suffering damages above 50% (MCL 600.2959)

A claim against a city, county or state agency — a government-owned truck, for example — usually needs a formal notice much sooner. The claim deadline calculator shows those dates.

What a truck settlement leaves you

Fees often step up once a lawsuit is under way. Florida’s rule for contingency fees shows the pattern: up to 33⅓% of the first $1 million if the case resolves before the defendant files an answer, and up to 40% after. On an illustrative $600,000 recovery:

Fee if it settles before the answer (33⅓%)$200,000
Fee if it settles after the answer (40%)$240,000
Difference$40,000

Case costs and medical liens come out next. Run your own figures through the take-home calculator, and see how lawyer fees and medical liens work. If bills can’t wait for the case to end, compare the cost of a truck accident loan first.

Frequently asked questions

Can you sue a trucking company for an accident?

Yes. Under the legal doctrine called respondeat superior, an employer is responsible for an employee’s wrongful acts on the job, so a claim usually names the trucking company along with the driver. Depending on the facts, whoever loaded the cargo, maintained the truck or made a defective part may share responsibility.

How much insurance do semi trucks have to carry?

Federal rules set minimums for motor carriers: $750,000 for for-hire carriers hauling ordinary freight in trucks of 10,001 pounds or more, $1 million for oil and most hazardous materials, and $5 million for hazardous substances hauled in bulk. Many carriers buy more. Trucks that never leave their home state follow that state’s rules.

What is the average truck accident settlement?

There’s no reliable public average — settlements depend on the injuries, the lost income, the evidence of fault and how much insurance stands behind the truck. What the rules do tell you is the floor: an interstate carrier’s coverage starts at $750,000, far above the minimums for cars.

How long do you have to file a truck accident lawsuit?

In the 10 largest states, 2 or 3 years for an injury lawsuit: 2 in California, Texas, Florida, Pennsylvania, Illinois, Ohio and Georgia, and 3 in New York, North Carolina and Michigan. If a government-owned truck was involved, a notice deadline can come within months.

Why should I act quickly after a truck accident?

Because the evidence has a shelf life. Federal rules require carriers to keep drivers’ duty-status records — logged electronically on most trucks — for at least 6 months. A lawyer can ask the company in writing to preserve them, along with the truck’s other data, before then.

Reviewed by

Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate

Sources

  1. 49 CFR § 387.9 — Minimum levels of financial responsibility for motor carriers (Cornell Legal Information Institute)
  2. 49 CFR § 395.3 — Maximum driving time for property-carrying vehicles (11 hours, 14-hour window, 30-minute break, 60/70 hours) (Cornell Legal Information Institute (Code of Federal Regulations))
  3. 49 CFR § 395.8(a)(1)(i), (k)(1) — Electronic logging devices; records kept at least 6 months (Cornell Legal Information Institute (Code of Federal Regulations))
  4. Respondeat superior (an employer is responsible for an employee’s wrongful acts on the job) (Cornell Legal Information Institute (Wex))
  5. Rules Regulating The Florida Bar, Rule 4-1.5(f)(4)(B) — contingent fee schedule (The Florida Bar)
  6. Texas Transportation Code § 601.072 — Minimum coverage: $30,000/$60,000/$25,000 (FindLaw (Texas Transportation Code))
  7. 75 Pa.C.S. § 1702 — Financial responsibility: $15,000/$30,000/$5,000 (FindLaw (Pennsylvania Consolidated Statutes))
  8. California Code of Civil Procedure § 335.1 — Two years for injury to, or death of, an individual (FindLaw (California Code of Civil Procedure))
  9. Texas Civil Practice and Remedies Code § 16.003 — Two years for personal injury, property damage and wrongful death (FindLaw (Texas Civil Practice and Remedies Code))
  10. Florida Statutes § 95.11 (2025) — Limitations other than for the recovery of real property (The Florida Senate)
  11. New York CPLR § 214 — Three years for personal injury and injury to property (New York State Senate)
  12. 42 Pa.C.S. § 5524 — Two years for personal injury, wrongful death and injury to personal property (FindLaw (Pennsylvania Judicial Code))
  13. 735 ILCS 5/13-202 — Two years for personal injury (FindLaw (Illinois Code of Civil Procedure))
  14. Ohio Revised Code § 2305.10(A) — Two years for bodily injury or injuring personal property (FindLaw (Ohio Revised Code))
  15. O.C.G.A. § 9-3-33 — Two years for injuries to the person (four for loss of consortium) (FindLaw (Official Code of Georgia))
  16. N.C. Gen. Stat. § 1-52(4), (16) — Three years for personal injury and property damage (FindLaw (North Carolina General Statutes))
  17. Michigan Compiled Laws § 600.5805(2) — Three years for death or injury to a person or property (FindLaw (Michigan Revised Judicature Act))
  18. Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) — California adopts “pure” comparative negligence (FindLaw (Supreme Court of California))
  19. Texas Civil Practice and Remedies Code § 33.001 — No recovery if the claimant is more than 50 percent responsible (FindLaw (Texas Civil Practice and Remedies Code))
  20. Florida Statutes § 768.81 (2025) — Comparative fault; no recovery if more than 50 percent at fault (The Florida Senate)
  21. New York CPLR § 1411 — Damages diminished by culpable conduct; 2026 bar for motor vehicle cases under Insurance Law article 51 (New York State Senate)
  22. 42 Pa.C.S. § 7102 — Comparative negligence (no recovery if the plaintiff’s negligence is greater than the defendants’) (FindLaw (Pennsylvania Judicial Code))
  23. 735 ILCS 5/2-1116 — Plaintiff barred if more than 50% of the proximate cause (FindLaw (Illinois Code of Civil Procedure))
  24. Ohio Revised Code § 2315.33 — Contributory fault doesn’t bar recovery unless greater than the others’ combined fault (FindLaw (Ohio Revised Code))
  25. O.C.G.A. § 51-12-33 — Damages reduced by fault; no recovery at 50 percent or more (FindLaw (Official Code of Georgia))
  26. Fault Lines: Understanding Negligence Doctrines (North Carolina’s contributory negligence rule and its exceptions) (UNC School of Government, On the Civil Side blog)
  27. Michigan Compiled Laws § 600.2959 — Comparative fault; no noneconomic damages if more than 50% at fault (FindLaw (Michigan Revised Judicature Act))

Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.