If you were hit by a drunk truck driver, focus first on safety and medical care, then on preserving evidence before it disappears. Truck crashes are governed by federal safety rules that do not apply to ordinary car crashes, so the trucking company, its insurer and its records can all matter to what happens next. This guide walks through the practical steps and explains why talking to a licensed truck accident attorney early is often worth it.
Key takeaways
- Call 911, get medical care and let police document the crash. Ask officers whether the truck driver was tested for alcohol.
- Federal rules require the trucking company to test the driver after qualifying crashes: alcohol within 2 hours (no later than 8) and drugs within 32 hours.
- Key evidence such as ELD logs, dashcam video and engine data can be overwritten or discarded, so a preservation letter matters.
- The driver, the carrier and sometimes others may be legally responsible. Interstate carriers must carry at least $750,000 in liability coverage for general freight.
- Deadlines to file a claim vary by state, and some are as short as one year.
Immediate steps after the crash
- Get to safety if you can. If your car is drivable and it is safe to move, get off the travel lanes. Turn on hazard lights. If you are hurt, stay put and wait for help.
- Call 911. Report that a commercial truck was involved and that you think the driver may be impaired. Officers can then look for signs of alcohol and request testing.
- Get medical care. Accept an ambulance if offered, or see a doctor the same day. Some injuries, including head and internal injuries, do not show symptoms right away. Medical records also document your injuries.
- Document the scene. If you are able, photograph the vehicles, the truck’s DOT number and company name on the cab door, the trailer number, license plates, skid marks, road conditions and your injuries.
- Collect names. Get the truck driver’s name, CDL number, employer and insurance details, plus contact information for any witnesses.
- Get the police report number. Ask which agency is handling the case and how to request the report.
- Be careful what you say. Stick to facts with police. Do not argue with the driver, admit fault or guess about what happened.
Why a drunk truck driver crash is different
Commercial truck drivers are held to stricter standards than other drivers. Under 49 CFR 382.201, a CDL driver may not perform safety-sensitive functions with an alcohol concentration of 0.04 or higher, half the 0.08 limit for most drivers. Federal rules also bar any alcohol use within four hours before going on duty, and a driver with any detectable alcohol can be placed out of service for 24 hours (49 CFR 392.5). Our article on the 0.04 vs 0.08 BAC limit explains these rules in more detail.
Drunk driving by truck drivers is less common than among passenger vehicle drivers, which is part of why it stands out when it happens. NHTSA’s 2024 data shows 4% of large truck drivers involved in fatal crashes had a BAC of 0.08 or higher, compared with 25% of passenger car drivers and 19% of light truck drivers. But truck crashes are often severe. NHTSA reports 5,340 people were killed in crashes involving large trucks in 2024, and 70% of them were occupants of other vehicles. An estimated 161,201 people were injured.
Mandatory post-accident testing
Under 49 CFR 382.303, the trucking company must test the driver for alcohol and drugs after a crash that involves:
- A death, in all cases, or
- An injury treated away from the scene, if the truck driver receives a traffic citation for a moving violation arising from the crash, or
- A vehicle towed away with disabling damage, if the truck driver receives a citation.
The alcohol test should happen within 2 hours. If it cannot be done within 8 hours, the employer must stop trying and document why. The drug test must be done within 32 hours. The rule also lets the employer use a breath or blood test done by police if it meets the requirements and the employer obtains the results. A separate rule, 49 CFR 382.209, prohibits the driver from drinking alcohol for 8 hours after the crash or until tested, whichever comes first.
This matters to you because these test results, and any records explaining why a test was late or missing, can become important evidence. A refusal to test is itself a serious violation for the driver. See refusing a breath test with a CDL.
Evidence to preserve, and why time matters
Trucking companies keep a lot of data, but not forever. FMCSA requires carriers to keep drivers’ hours of service records and supporting documents for six months. Other data can be overwritten much sooner. Evidence that often matters in these cases includes:
- ELD records showing hours driven, stops and duty status.
- Dashcam and inward facing camera footage, which some fleets overwrite on a rolling basis.
- Engine control module (black box) data such as speed, braking and throttle in the seconds before impact.
- Post-accident drug and alcohol test results and any records explaining delays.
- Driver qualification file, including the driver’s history and prior employer checks.
- Clearinghouse query records, which show whether the carrier checked the driver’s drug and alcohol history. Learn more about the FMCSA Drug and Alcohol Clearinghouse.
- Receipts, dispatch messages and phone records that may show where the driver was before the crash.
A preservation letter (sometimes called a spoliation letter) formally asks the carrier and its insurer to keep this evidence. Attorneys usually send these quickly after a serious crash. Once a party is on notice, destroying relevant evidence can carry consequences in court, though the rules vary by state.
Who can be held responsible
In a truck crash, more than one party may share legal responsibility. Depending on the facts and your state’s law, that can include:
- The truck driver, for driving while impaired.
- The motor carrier, which is often responsible for the actions of its drivers while they are working.
- The carrier, for its own conduct, such as negligent hiring (failing to check a driver’s history), negligent supervision or retention (ignoring warning signs) or failing to follow required drug and alcohol testing rules.
- Others, in some cases, such as a business that served alcohol to a visibly intoxicated driver under a state dram shop law, or a broker or shipper. Whether these claims exist depends heavily on the state.
The driver may also face criminal charges and lose their CDL. A first DUI conviction typically means a one year CDL disqualification, three years if hauling placarded hazmat, and a lifetime disqualification for a second. If you want to understand what the driver is facing, use our free CDL disqualification checker or read our overview of CDL DUI penalties. The criminal case and any injury claim you bring are separate.
Insurance minimums for trucking companies
Federal rules in 49 CFR 387.9 set minimum liability coverage for interstate motor carriers. As of 2026:
| Type of carrier and cargo | Federal minimum |
|---|---|
| For-hire carriers hauling general (nonhazardous) freight, 10,001 lbs or more | $750,000 |
| Oil and certain hazardous materials | $1,000,000 |
| Certain high hazard materials in bulk (such as explosives and some poison gases) | $5,000,000 |
These are floors, not caps. Many carriers carry more coverage, including umbrella or excess policies. Trucks that operate only within one state may fall under state minimums instead, which can be lower. A truck accident attorney can identify which policies apply.
Time limits to file a claim
Every state has a statute of limitations for personal injury claims, and it varies. A few examples: California and Texas generally allow 2 years, New York generally allows 3 years, Florida changed most negligence claims to 2 years in 2023, and Tennessee generally allows 1 year. Wrongful death claims, claims against government vehicles and claims involving minors can have different deadlines or notice requirements. Do not rely on a general chart. Confirm the deadline for your situation with a licensed attorney in your state.
Dealing with the trucking company’s insurer
You may hear from an insurance adjuster quickly, sometimes within days. Adjusters work for the carrier. Before you give a recorded statement, sign a medical records release or accept a settlement, consider getting legal advice. Once you settle, you usually cannot reopen the claim if your injuries turn out to be worse than expected.
When to talk to a truck accident attorney
Consider talking to a licensed attorney in your state if you were injured, someone was killed, the driver was impaired, fault is disputed or the carrier’s insurer is contacting you. Most truck accident lawyers offer free consultations and work on contingency, meaning their fee comes from any recovery. Our guide on whether you need a truck accident lawyer covers costs, what to ask and red flags to watch for.
Frequently asked questions
What should I do first if I was hit by a drunk truck driver?
Get to safety, call 911, and get medical care. Tell the dispatcher a commercial truck was involved and that you suspect impairment. If you can, photograph the scene and the truck’s DOT number, and get the police report number.
Does the truck driver have to take an alcohol test after a crash?
Often, yes. Under 49 CFR 382.303, the carrier must test the driver after a crash involving a death, or an injury or disabling tow when the driver is cited. Alcohol testing should occur within 2 hours and must stop being attempted after 8 hours. Drug testing must occur within 32 hours.
Can I sue the trucking company and not just the driver?
In many cases, yes. Carriers are often responsible for their drivers’ actions while working, and may also be liable for their own negligence, such as negligent hiring or supervision. The details depend on your state’s law and the facts, so ask a licensed attorney.
How much insurance does a trucking company have to carry?
Under 49 CFR 387.9, interstate for-hire carriers hauling general freight must carry at least $750,000 in liability coverage. Oil and certain hazardous materials require $1,000,000, and some high hazard cargo requires $5,000,000. Many carriers carry more.
How long do I have to file a truck accident claim?
It depends on your state. Many states allow 2 or 3 years for personal injury claims, but some allow only 1 year, and claims against government entities can have much shorter notice deadlines. Confirm your deadline with a licensed attorney.
Should I talk to the trucking company’s insurance adjuster?
You are not required to give a recorded statement to the other side’s insurer. Many people speak with an attorney first, because statements and early settlements can limit what you can recover later.
Sources
- eCFR: 49 CFR 382.303 Post-accident testing
- eCFR: 49 CFR 387.9 Financial responsibility, minimum levels
- NHTSA: Traffic Safety Facts, Large Trucks 2024 Data
- FMCSA: How long must a motor carrier retain ELD records?
- eCFR: 49 CFR 383.51 Disqualification of drivers
- Nolo: Statute of limitations chart by state
- Jones Day: Florida tort reform (HB 837), 2023
CommercialDUI.com is an independent information resource for commercial drivers. We are not a law firm and nothing on this site is legal advice. Laws change and vary by state, so confirm details with your state licensing agency or a licensed attorney.