Truck Accident Settlement Calculator

Truck accident claims differ in several key ways. First, the insurance stakes are higher: federal law (49 CFR Part 387) mandates minimum liability coverage of $750,000 for most interstate commercial carriers, compared to $25,000–$50,000 state minimums for private drivers. Second, there are often multiple defendants — the truck driver, the motor carrier (trucking company), the cargo shipper, the freight broker, and potentially the truck or parts manufacturer can all share liability. Third, federal FMCSA regulations create an extensive compliance framework; violations of hours-of-service rules, maintenance requirements, or weight limits can establish negligence per se, making it easier to prove fault. Fourth, trucking companies maintain detailed records (driver logs, electronic logging device data, black box/ECM data, maintenance records) that can be critical evidence and must be preserved immediately through a litigation hold.

Federal Motor Carrier Safety Administration violations that commonly increase claim value include: (1) Hours-of-service (HOS) violations — drivers exceeding 11 hours of driving time or 14 hours on-duty, or driving after 70 hours in 8 days; (2) Electronic Logging Device (ELD) tampering or missing logs; (3) Maintenance failures — operating a vehicle with known brake defects, tire failures, or lighting problems; (4) Improper cargo loading or overweight loads that affect vehicle handling; (5) Employing an unlicensed, unqualified, or improperly trained driver; (6) Failure to perform pre-trip and post-trip inspections; (7) Controlled substance violations. These violations can support negligent entrustment and negligent hiring claims against the carrier, and in egregious cases, courts may allow punitive damages which can multiply the total award significantly.

Commercial trucks are equipped with an Event Data Recorder (EDR) or Electronic Control Module (ECM) — commonly called a 'black box' — that records vehicle data in the moments before, during, and after a collision. This data typically includes vehicle speed, brake application timing and force, throttle position, engine RPM, cruise control status, and seatbelt usage. In a truck accident case, this data can definitively establish whether the driver was speeding, failed to brake, or was driving recklessly. ECM data is critical evidence and can be overwritten or lost if the vehicle is repaired or continues in service. Attorneys send preservation letters and spoliation notices to the carrier immediately after an accident to demand this data be preserved. Failure to preserve it can result in adverse inference instructions against the carrier at trial.

Yes. In most cases, you can and should pursue claims against both the individual driver and the motor carrier (trucking company). The legal doctrine of respondeat superior holds employers vicariously liable for the negligent acts of employees acting within the scope of their employment. Beyond vicarious liability, you may also have direct claims against the carrier for negligent hiring (failing to check the driver's MVR or safety history), negligent training (inadequate instruction on safety procedures), negligent supervision (not monitoring HOS compliance), and negligent entrustment (allowing an unqualified driver to operate the vehicle). If the driver is classified as an independent contractor — a common arrangement in trucking — the carrier may still be liable under the 'borrowed servant' doctrine or FMCSA's negligent entrustment principles. Owner-operators who lease their truck to a carrier may create additional liability layers.

The statute of limitations for truck accident personal injury claims mirrors standard car accident rules in most states: typically 2–3 years from the date of the accident. However, several factors can shorten this deadline: (1) Claims against government entities (e.g., a state-owned truck) typically require a notice of claim within 6 months to 1 year before you can file suit; (2) Wrongful death claims may have different deadlines than personal injury claims; (3) In some states, the clock may start from the date you discovered your injuries rather than the accident date. Additionally, the practical deadline is much shorter — ECM data and driver logs may be overwritten within weeks, witness memories fade, and accident scenes change. Attorneys typically advise contacting them within days of a truck accident to ensure critical evidence is preserved through a litigation hold letter.

Punitive damages — awarded to punish egregious conduct and deter future behavior — are available in truck accident cases in most states, though they require a higher standard of proof than compensatory damages. Plaintiffs must generally prove that the defendant acted with actual malice, fraud, oppression, or reckless indifference to the rights of others. Scenarios that commonly support punitive damage claims include: a carrier knowingly allowing a fatigued driver to continue driving after HOS violations; a company that was aware of a driver's DUI history or prior accidents and continued to employ them; a carrier that falsified maintenance records or ELD data to conceal safety violations; or a driver who was texting, impaired, or racing at the time of the collision. Punitive damages are capped in some states and are separate from — and often far exceed — compensatory damages. They are not reflected in this calculator's estimates.

Immediately after a commercial truck accident: (1) Call 911 — ensure police respond and create an official report; (2) Seek medical attention promptly, even for seemingly minor injuries — delayed symptoms are common with truck accident trauma; (3) Document everything at the scene — photograph the truck's DOT number, license plate, company markings, cargo, skid marks, road conditions, and your injuries; (4) Get witness contact information; (5) Do not give a recorded statement to the carrier's insurance company without an attorney; (6) Contact a truck accident attorney as soon as possible to issue a preservation letter for ECM data, driver logs, dashcam footage, and maintenance records before they are destroyed or overwritten; (7) Report the accident to your own insurance company as required by your policy. The trucking company's insurer will begin investigating immediately — having legal representation early is critical to leveling the playing field.