You top a hill and see brake lights ahead. A semi sits on the shoulder with flashers on. Your airbag has deployed, your hands are shaking, and the scene is a blur of emergency lights.
It feels like any other wreck, but what happens next is different when a commercial truck is involved.
Why truck crashes are different
- Higher forces. Trucks are heavier and need more distance to stop, which means more severe injuries.
- Federal rules and records. Carriers must follow FMCSA regulations that create testing, logs, and an accident register.
- More parties and higher limits. Motor carrier, tractor owner, trailer owner, shipper, broker, and maintenance contractor may all be involved. Federal minimums for many carriers start at $750,000 and can be $5,000,000 for certain hazmat (49 CFR § 387.303).
- Evidence expires. Some records, like electronic duty status, are kept for specific periods and can be overwritten (FMCSA).
What rules apply after a truck crash
Post-accident alcohol and drug testing — who and when
Testing of surviving drivers is required as soon as practicable after any crash involving a fatality, and in some non-fatal cases that meet federal thresholds. See 49 CFR § 382.303.
Accident register — what carriers keep
Carriers must keep an accident register for 3 years including date, location, driver, injuries or fatalities, and whether hazardous materials were released. See FMCSA Safety Planner and 49 CFR § 390.15.
Electronic logs and supporting documents
Records of duty status and supporting docs are retained for 6 months and carriers must keep a backup. See FMCSA guidance under 49 CFR 395.8(k).
Short video: sharing the road safely
Source: FMCSA Our Roads, Our Safety overview video.Records that often matter
Which records exist depends on the carrier and equipment.
Electronic Logging Device (ELD) data
Duty status, on-duty/off-duty times, and location breadcrumbs. Retention is typically six months. FMCSA.
Accident register and internal investigations
Carriers must keep an accident register and related documents for 3 years. 49 CFR § 390.15.
Maintenance, inspection, and cargo paperwork
Includes pre-trip and post-trip inspections, periodic maintenance, bills of lading, and load securement notes.
Telematics and engine control data
Some tractors and trailers store speed, braking, and fault codes. Availability varies by model and program.
What to do next
- Follow medical care. Keep bills and instructions together.
- Request your police report. Use the state portal when it becomes available.
- Save evidence. Photos, dashcam, witness info, tow and repair receipts.
- Track losses. Missed work, mileage, meds, and other out-of-pocket costs.
- Be careful with adjusters. Commercial claims can involve multiple insurers and statements can affect fault and damages.
Tennessee time limits
Personal injury claims in Tennessee generally must be filed within one year of the date the claim accrues. See Tenn. Code Ann. § 28-3-104. Exceptions can apply.
Common questions
Will the truck driver be tested after the crash?
Testing is required by federal rule in certain cases, including crashes with a fatality and some non-fatal events that meet federal criteria. See 49 CFR § 382.303.
Who can be responsible besides the driver?
Possible parties include the motor carrier, tractor owner, trailer owner, shipper, broker, a maintenance contractor, or a parts manufacturer. It depends on contracts, who controlled the trip, and why the crash happened.
Are insurance limits higher for trucks?
Many for-hire interstate carriers of property must maintain at least $750,000 in financial responsibility, and certain hazardous shipments require up to $5,000,000. See 49 CFR § 387.303.
We are here to help
If you or a loved one was injured in a crash, Stillman & Friedland is here to help. Call 615-244-2111 or reach out through our online contact form.
Because we care,
Stillman & Friedland
