Injured in a car or truck crash, or another accident

Most accident claims are governed by state law

In most states, the person whose carelessness caused a crash (the legal word is negligence), and their insurer, can be responsible for the harm it caused. Some states use "no-fault" auto insurance instead, where your own policy pays certain medical bills no matter who caused the crash, and lawsuits may be limited to more serious injuries.

States also handle shared fault differently. In most places, being partly at fault reduces what you can recover. In a few, being even slightly at fault can block a claim. That's one reason the details of how a crash happened matter so much.

Insurance does most of the work, at first

Commercial trucks follow federal safety rules

Interstate trucking companies and their drivers must follow rules from the Federal Motor Carrier Safety Administration (FMCSA). A few that often matter after a crash:

• Hours of service: a property-carrying driver may drive up to 11 hours after 10 consecutive hours off duty, and may not drive beyond the 14th hour after coming on duty.
• Company markings: a commercial truck must show the carrier's name and its USDOT number on both sides (49 CFR § 390.21).
• Records: a carrier must keep each driver's records of duty status and supporting documents for at least six months (49 CFR § 395.8(k)). After that, they may be gone.

Sources: FMCSA, summary of hours of service (opens in a new tab), 49 CFR § 390.21 (opens in a new tab), 49 CFR § 395.8 (opens in a new tab)

When a vehicle defect played a part

If a defect such as an airbag, brake or tire failure caused or worsened an injury, there may also be a product liability claim against the maker. Check the vehicle for open recalls with NHTSA, and see our product injury guide.

Crashes involving government vehicles

If a federal employee was driving for work, a claim generally goes under the Federal Tort Claims Act, which has its own written-claim process and deadline (see Deadlines below). Claims against state, county or city governments often require written notice within a short time set by state law.

Other kinds of injuries

Falls on someone else's property, dog bites and similar injuries are also mostly governed by state law. If you were hurt while working, including while driving for your job, workers' compensation may apply. See our workplace guide.

• You were hurt and needed medical care, especially emergency care, imaging, surgery or ongoing treatment
• Another driver ran a light, was distracted, impaired or speeding, or fault is disputed
• A commercial truck, rideshare or delivery vehicle, or a government vehicle was involved
• The other driver had no insurance or not enough
• An insurer is pushing for a recorded statement or a quick settlement, or has denied your claim
• You've missed work or can't do your job the way you used to

None of these on its own means you have a case. A lawyer can look at the facts.

1. 1

   Step 1: Get safe, and call 911 if anyone is hurt.

   Move out of traffic only if it's safe to do so.

2. 2

   Step 2: Get checked by a doctor, even if you feel fine.

   Some injuries show up hours or days later. Keep your follow-up appointments.

3. 3

   Step 3: Get the police report number.

   Ask for the name of the officer who responded, too.

4. 4

   Step 4: Exchange information.

   Names, phone numbers, insurance companies and policy numbers, license plates and vehicle descriptions. For a truck, write down the company name and the USDOT number on the door.

5. 5

   Step 5: Photograph everything.

   Vehicles and where they ended up, the road, signs, skid marks, weather, and your injuries over the following days.

6. 6

   Step 6: Get witness names and contact details.

   People leave quickly.

7. 7

   Step 7: Tell your own insurer promptly.

   Stick to the facts you know.

8. 8

   Step 8: Be careful with the other driver's insurance company.

   You don't usually have to give it a recorded statement. Don't guess, apologize or downplay your injuries, and don't sign releases or medical authorizations until you understand them.

9. 9

   Step 9: Keep a folder.

   Use it for every bill, letter, claim number and receipt.

10. 10

    Step 10: Stay off social media about the crash.

    Posts and photos can be used to question an injury.

11. 11

    Step 11: Find out your deadline.

    It depends on your state and on who was involved.

• State statutes of limitations set the deadline for most injury and property damage claims. They differ by state and by type of claim.
• Insurance policy deadlines for reporting a crash or filing a claim are set by your policy.
• State and local governments often require written notice of a claim within a short time, set by state law.

A licensed attorney in your state can tell you which deadline applies to you.

• You were seriously hurt, stayed in the hospital, needed surgery, or still have pain
• A truck, commercial vehicle, rideshare or government vehicle was involved
• Fault is disputed, or several vehicles were involved
• An insurer has denied or delayed your claim, or offered a quick settlement before you know how badly you're hurt
• Someone died

Many personal injury lawyers work on a contingency fee, which means the fee comes out of any recovery and you don't pay a fee up front. Terms vary, so ask for the agreement in writing and read it before you sign.

• National Highway Traffic Safety AdministrationNHTSA recallsCheck a vehicle, tire or car seat for open recalls by VIN. Recall repairs are done free at the dealer.nhtsa.gov (opens in a new tab)
• National Highway Traffic Safety AdministrationNHTSA: report a safety problemReport a suspected vehicle defect.nhtsa.gov (opens in a new tab)
• Federal Motor Carrier Safety AdministrationFMCSA hours-of-service summaryThe federal driving-time limits for truck drivers.fmcsa.dot.gov (opens in a new tab)
• National Association of Insurance CommissionersState insurance departments (NAIC)Find your state's insurance regulator to report a problem with an insurer.content.naic.org (opens in a new tab)
• Legal aid directoryLawHelp.orgFree legal aid information by state.lawhelp.org (opens in a new tab)

More questions in the FAQ