Which parties may be liable?
A truck crash can involve the driver, the motor carrier that operates the truck, and others who loaded, maintained or owned the vehicle. Federal regulations place duties on the carrier for records, maintenance files and insurance. Those duties are the reason a claim often looks past the driver. A lawyer can tell you who is responsible on your facts.
Fault rules still apply. See contributory negligence.
What do the hours-of-service rules require?
Hours-of-service rules limit how long a property-carrying driver may drive.
- Rest first. A driver may not drive without first taking 10 consecutive hours off duty (49 CFR § 395.3(a)(1) (opens in a new tab)).
- The window. A driver may not drive after a period of 14 consecutive hours after coming on duty following those off-duty hours (49 CFR § 395.3(a)(2) (opens in a new tab)).
- Driving total. A driver may drive a total of 11 hours during that period (49 CFR § 395.3(a)(3)(i) (opens in a new tab)).
- Break. Driving is not permitted after more than 8 hours of driving time without at least a consecutive 30-minute interruption, with listed exceptions (49 CFR § 395.3(a)(3)(ii) (opens in a new tab)).
Which records must a carrier keep, and for how long?
Two record rules matter after a crash:
- Driver logs and supporting documents must be retained for a period of not less than 6 months from the date of receipt (49 CFR § 395.8(k)(1) (opens in a new tab)).
- Inspection, repair and maintenance records are retained where the vehicle is housed or maintained for a period of 1 year and for 6 months after the vehicle leaves the carrier's control (49 CFR § 396.3(c) (opens in a new tab)).
The periods are limited, which is why evidence should be requested early.
What insurance must a carrier hold?
The minimum level of financial responsibility for for-hire carriers of nonhazardous property in interstate commerce, in vehicles of 10,001 pounds or more gross vehicle weight rating, is $750,000 (49 CFR § 387.9 (opens in a new tab)). Other categories of carrier and cargo have different figures. Ask for the policy information through your lawyer or the insurer.
How do you preserve evidence, step by step?
- Photograph the scene, the truck, its markings, the plates and any visible damage before vehicles move.
- Note the carrier name and any U.S. DOT or other identification numbers shown on the truck.
- Get names and phone numbers for witnesses.
- Request the crash report. See the crash report steps.
- Seek medical care and keep every record and bill.
- Ask a lawyer to send a preservation letter to the carrier so that logs, maintenance files and vehicle data are kept.
- Check your filing deadline in the claim deadline checker.
Which agency investigates, and where is the report?
The Virginia State Police direct requests for accident and crash reports to the Virginia DMV (Virginia State Police (opens in a new tab)). If a State Police trooper investigated, request the report through the DMV. If a local agency responded, request it from that agency. See how to request a report.
| Rule | Requirement | Citation |
|---|---|---|
| Off-duty period before driving | 10 consecutive hours | 49 CFR § 395.3(a)(1) (opens in a new tab) |
| Driving period | 14 consecutive hours | 49 CFR § 395.3(a)(2) (opens in a new tab) |
| Total driving time | 11 hours | 49 CFR § 395.3(a)(3)(i) (opens in a new tab) |
| Driver log retention | 6 months | 49 CFR § 395.8(k)(1) (opens in a new tab) |
| Maintenance record retention | 1 year; 6 months after the vehicle leaves carrier control | 49 CFR § 396.3(c) (opens in a new tab) |
| Minimum carrier insurance (listed category) | $750,000 | 49 CFR § 387.9 (opens in a new tab) |
Which Roanoke lawyers can review a truck claim?
Truck claims involve more records and more parties than most car claims. See our picks below, and the lawyers page for how to choose counsel.
Our picks for you
Firms that handle these cases, chosen by our editors. Listing is not a ranking or an endorsement of results.
4.8 / 5 on GoogleFishwick & Associates PLC
Bicycle accident; Brain injury; Car accident; Motorcycle accident; Personal injury; Truck accident; Wrongful death.
Altizer Law, P.C.
Loeschen Law Firm PLLC
Frequently asked questions
How is a truck claim different from a car claim?
A truck claim can involve federal regulations for drivers and carriers, such as hours of service, record keeping and minimum insurance, in addition to Virginia law. More parties and more records may be involved. Which rules apply depends on the vehicle and the carrier, so a lawyer should review the facts.
What is a preservation letter?
A preservation letter is a written request asking a person or company to keep records and physical evidence related to a crash, such as driver logs, maintenance files and vehicle data. This guide makes no claim about its legal effect. A lawyer can advise whether to send one and to whom.
How long must a carrier keep driver logs?
Under 49 CFR § 395.8(k)(1), logs and supporting documents must be retained for not less than 6 months from receipt. Because the retention period is limited, send a preservation request early. A lawyer can send the request to the carrier and tell you which other records, such as maintenance files, to ask for.
When should a truck accident lawyer be consulted?
Consult a lawyer promptly, because carrier records are kept for limited periods and the Virginia filing deadline runs from the date of injury. Va. Code § 8.01-243 sets two years for personal injury. Use the claim deadline checker to see your dates, then ask counsel about evidence.
Last reviewed · Reviewed by the Roanoke Crash Lawyer Guide editorial team