Why truck crash cases are different
A crash with a commercial truck is not just a bigger car crash. The driver and the company are governed by federal safety regulations, the truck records data about its own movements, and the insurance is usually larger and spread across more than one company. Several businesses may share responsibility: the driver, the motor carrier, the company that arranged the load, the company that loaded it, and the shop that maintained the brakes.
The trucking company also has a head start. Carriers and their insurers often send investigators to the scene within hours. Meanwhile, much of the evidence that would prove your case sits on the company's servers, and federal rules let it be discarded after a few months. Our job is to close that gap quickly.
What federal rules do truck drivers and trucking companies have to follow?
Interstate trucking companies and their drivers must follow the Federal Motor Carrier Safety Regulations, which reach commercial motor vehicles in interstate commerce that weigh or are rated at 10,001 pounds or more, along with certain passenger and hazardous-materials vehicles (49 C.F.R. § 390.5). Violations of these rules are some of the strongest evidence of fault in a truck case.
Hours of service (Part 395)
A property-carrying driver may not drive without first taking 10 consecutive hours off duty, may drive no more than 11 hours within a 14-hour window, and must take a 30-minute break after 8 hours of driving (49 C.F.R. § 395.3). The same section limits on-duty time to 60 hours in 7 days or 70 hours in 8 days, depending on the carrier's schedule. Fatigue cases often turn on these numbers, and the rules apply to the carrier as well as the driver: the company may not "permit or require" a driver to break them.
Driver qualification (Part 391)
A driver must be at least 21, hold a valid commercial license, be physically qualified, and be able, through experience or training, to safely operate the type of truck being driven (49 C.F.R. § 391.11). The carrier must keep a driver qualification file containing the employment application, driving records, road test, and medical certificate, and keep it for three years after the driver leaves (49 C.F.R. § 391.51). That file shows what the company knew, or should have known, before it put the driver on the road.
Inspection and maintenance (Part 396)
Every motor carrier must systematically inspect, repair, and maintain the vehicles it controls and keep parts such as brakes, steering, and tires in safe working condition at all times (49 C.F.R. § 396.3). Drivers must prepare a written inspection report at the end of each day listing defects found or reported, and the carrier must repair safety defects before the truck runs again; those reports need only be kept for three months (49 C.F.R. § 396.11).
Phones
A commercial driver may not use a hand-held mobile phone while driving, and a carrier may not allow or require it (49 C.F.R. § 392.82). Phone and dispatch records can show exactly what the driver was doing in the seconds before impact.
How much insurance does a trucking company have to carry?
A for-hire carrier hauling ordinary freight in interstate commerce in a vehicle rated at 10,001 pounds or more must carry at least $750,000 in public liability coverage; the minimum rises to $1,000,000 for oil and many hazardous materials and to $5,000,000 for certain bulk hazardous materials (49 C.F.R. § 387.9). These are minimums. Many carriers carry more, and excess or umbrella policies may sit on top.
We identify every policy that could pay: the carrier's, the owner of the tractor or trailer if different, any company that arranged or controlled the load, and your own underinsured motorist coverage. In a serious injury case, finding the second and third policy often matters as much as proving fault.
Electronic logs, engine data, and cameras
Most motor carriers must use an electronic logging device to record each driver's duty status (49 C.F.R. § 395.8(a)(1)), and federal rules forbid tampering with an ELD so that it does not accurately record data (§ 395.8(e)). The logs show when the driver started work, how long the driver had been driving, and where the truck was.
Beyond the logs, many trucks carry engine control modules that can capture speed, braking, and throttle data around a crash, along with GPS tracking, dispatch messages, and forward- or driver-facing cameras. None of that is in the police report, and some of it is overwritten quickly. In the most serious truck crashes, it may be worthwhile to have an engineer read that data early.
Why we send a preservation letter right away
A carrier is required to keep records of duty status and supporting documents for as little as six months (49 C.F.R. § 395.8(k)(1)), and driver inspection reports for only three months. So within days of being hired, we send the carrier and its insurer a written preservation (spoliation) letter identifying the logs, engine data, video, inspection and maintenance records, driver file, and dispatch communications that must be kept.
The letter matters legally as well as practically. Virginia, for example, imposes a duty to preserve evidence relevant to reasonably foreseeable litigation, and when evidence is lost a court may order measures to cure the prejudice or, if the party acted recklessly or intentionally, instruct the jury to presume the evidence was unfavorable (Va. Code § 8.01-379.2:1). Specific notice from us makes it much harder for a company to say it did not know.
Who can be held responsible for a truck crash?
- The driver, for speeding, fatigue, distraction, unsafe lane changes, or following too closely.
- The motor carrier, for its employee's driving and for its own failures in hiring, training, supervising, dispatching, and maintaining its fleet.
- A freight broker, in some cases. In 2026 the U.S. Supreme Court held unanimously that federal law does not preempt a state-law claim that a broker negligently hired an unsafe carrier, because the claim falls within the federal statute's safety exception (Montgomery v. Caribe Transport II, LLC, 608 U.S. ___ (2026)). A broker that chose a carrier with a poor safety record can now be part of the case.
- The shipper or loader, when an overweight, unbalanced, or poorly secured load caused the truck to roll, jackknife, or spill.
- A maintenance or repair company, when faulty brake, tire, or steering work contributed to the crash.
Naming every responsible party early matters, because each may have its own insurance and each must be sued before the deadline runs.
Where truck crashes happen in the DMV
The region's freight moves on a few heavily traveled corridors. The Capital Beltway (I-495) carries through trucks around Washington in both Maryland and Virginia. I-95 brings long-haul traffic through Prince George's County, across the Woodrow Wilson Bridge, and south through Prince William County. I-270 carries trucks through Montgomery County, I-66 runs west through Fairfax and Prince William Counties, and US-50 links Annapolis, Prince George's County, and the District. Inside D.C., New York Avenue NE is a main truck route into the city, lined with warehouses and distribution sites.
Merges, work zones, and congested interchanges on these roads produce underride crashes, rear-end collisions, and sideswipes during lane changes. Where the crash happened also decides which jurisdiction's law applies, which is why the sections below matter. Our guide chapter on which state's law applies covers crashes near state lines.
Not every commercial vehicle is a tractor-trailer. Many delivery and service vans fall below the 10,001-pound federal threshold, but the employer is still answerable for its driver's negligence, and the van's company insurance is often far higher than a personal auto policy.
$750,000
Rear-ended by a commercial van; permanent post-concussion injury on under $34,000 in medical bills.
Results depend on the facts of each case and do not guarantee or predict a similar result in any future case. Amounts are gross recoveries before attorney's fees, case expenses, and medical liens.
Truck accident claims in Washington, D.C.
In the District of Columbia, a plaintiff's contributory negligence is a complete bar to recovery (Massengale v. Pitts, 737 A.2d 1029 (D.C. 1999)). D.C. carved out an important exception: a pedestrian or other vulnerable user of the road who is hit by a motor vehicle is not barred unless that person's negligence was greater than the combined negligence of all defendants (D.C. Code § 50-2204.52). For a cyclist or pedestrian hit by a truck on New York Avenue, that rule changes the case.
Most D.C. injury claims must be filed within three years (D.C. Code § 12-301(8)). If a District government truck was involved, written notice must reach the Mayor within six months of the injury (D.C. Code § 12-309). See our Washington D.C. personal injury page.
Truck accident claims in Maryland
Maryland also keeps contributory negligence; in 2013 its highest court declined to abolish the doctrine (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). Maryland gives you three years from the date the claim accrues to file (Md. Code, Cts. & Jud. Proc. § 5-101).
Maryland caps noneconomic damages such as pain and suffering. The cap is $980,000 for causes of action arising from October 1, 2026 through September 30, 2027, and was $965,000 for the year before; it rises by $15,000 every October 1 (Md. Code, Cts. & Jud. Proc. § 11-108). Lost wages and medical expenses are not capped. If a county or city truck was involved, written notice of the claim is generally required within one year (Md. Code, Cts. & Jud. Proc. § 5-304). See our Maryland personal injury page.
Truck accident claims in Virginia
Virginia applies contributory negligence too, but the defense must prove it, and it is ordinarily a question for the jury (Jenkins v. Pyles, 269 Va. 383 (2005)). In Jenkins, the Supreme Court of Virginia reinstated a jury's liability verdict for a driver hit by towed farm equipment that extended into his lane. You generally have two years from the injury to file suit (Va. Code § 8.01-243(A)).
Virginia limits punitive damages to $350,000 in total against all defendants, and the jury is not told about the limit (Va. Code § 8.01-38.1). A claim against a Virginia county, city, or town requires a written statement within six months (Va. Code § 15.2-209). See our Virginia personal injury page and our pages for Fairfax County and Prince William County.
If the truck belonged to the federal government, such as a mail truck, the claim must be presented in writing to the right agency within two years (28 U.S.C. § 2401(b)); see claims against the federal government.
Frequently asked questions
How long do I have to file a truck accident lawsuit in D.C., Maryland, or Virginia?
Generally three years in D.C. under D.C. Code § 12-301(8), three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101, and two years in Virginia under Va. Code § 8.01-243(A). Claims against a government vehicle require written notice much sooner: six months in D.C. and for Virginia localities, and one year for Maryland local governments. Call early, because the trucking company's records can be discarded long before any of these deadlines.
How much insurance does a trucking company have to carry?
A for-hire interstate carrier hauling ordinary freight in a vehicle rated at 10,001 pounds or more must carry at least $750,000 in liability coverage under 49 C.F.R. § 387.9. The minimum is $1,000,000 for oil and many hazardous materials and $5,000,000 for certain bulk hazardous materials. Many carriers carry more, and other companies involved in the shipment may have their own coverage.
Can I sue the freight broker that arranged the load?
Sometimes, yes. In May 2026 the U.S. Supreme Court held unanimously in Montgomery v. Caribe Transport II that federal law does not preempt a state-law claim that a broker negligently hired an unsafe carrier. Whether a broker is liable still depends on what it knew or should have known about the carrier it chose.
What is a preservation or spoliation letter, and why does it matter?
It is a written demand that the trucking company keep specific evidence, such as electronic logs, engine data, video, inspection reports, and the driver's file. Federal rules require carriers to keep driver logs for as little as six months and daily inspection reports for three months, so the letter has to go out fast. Once a company is on notice of likely litigation, losing the evidence can lead a court to impose remedies.
Can I recover if the trucking company says I was partly at fault?
D.C., Maryland, and Virginia all follow contributory negligence, so a finding that your own negligence helped cause the crash can bar recovery. The defense must prove it, and in Virginia it is ordinarily a question for the jury. In D.C., pedestrians and other vulnerable road users hit by a vehicle are protected unless their negligence was greater than the defendants' combined negligence.
Is there a cap on damages in a truck accident case?
It depends on where the crash happened. Maryland caps noneconomic damages at $980,000 for causes of action arising from October 1, 2026 through September 30, 2027. Virginia caps punitive damages at $350,000 in total against all defendants under Va. Code § 8.01-38.1.
Do federal trucking rules apply to delivery vans?
Often not, because the main federal definition of a commercial motor vehicle starts at 10,001 pounds and many vans weigh less. But the employer is still responsible for its driver's negligence on the job, and commercial van policies are often much larger than personal auto policies.
Related reading
- Truck crashes are different: federal safety rules and black boxes
- Contributory negligence in D.C., Maryland, and Virginia
- Punitive damages in Virginia and the $350,000 cap
- Proving a concussion when the MRI is normal
- Gathering evidence while it still exists
Talk to a truck accident lawyer today
Trucking companies may discard driver logs after six months and inspection reports after three, and Virginia's filing deadline is only two years. Call us now so we can send a preservation letter before the evidence is gone.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.