A truck accident case usually involves more than an ordinary car crash case. Commercial trucks operate under detailed federal safety rules covering how long drivers may drive, who may drive, how vehicles are inspected and maintained, when drivers must be tested for drugs and alcohol after a crash, and how much insurance a carrier must carry. Each rule produces records. Much of a truck accident lawyer’s work is obtaining those records, comparing them against the rules, and identifying where the carrier or driver fell short.
A truck accident lawyer requests the records federal rules require trucking companies to keep, including driver logs and supporting documents, the driver qualification file, maintenance and inspection records, and post-accident drug and alcohol testing records, and compares them against the Federal Motor Carrier Safety Regulations. Some of these records may be kept for as little as three to six months, which is why lawyers commonly send written preservation demands early.
Key Takeaways
- Federal rules on hours of service, driver qualification, maintenance, and drug and alcohol testing create records that can show whether a carrier or driver followed the rules.
- Some required retention periods are short: three months for daily inspection reports and six months for driver logs and supporting documents.
- Driver logs can be checked against fuel receipts, dispatch records, payroll records, and electronic communications.
- After a fatal crash, and after certain other crashes where the driver is cited, the carrier must test the driver for alcohol and drugs, or document why it did not.
- Carriers must keep an accident register for three years after each accident.
The Rules a Truck Accident Lawyer Checks, and the Records Behind Them
| Rule | What it requires | Records a lawyer requests | Minimum retention |
|---|---|---|---|
| Hours of service (49 C.F.R. § 395.3) | Limits on driving time and on-duty time for property-carrying drivers | Records of duty status, electronic logging device data, supporting documents | 6 months (§ 395.8(k)) |
| Supporting documents (49 C.F.R. § 395.11) | Carriers must keep documents that verify a driver’s time, up to a set number per day | Bills of lading, dispatch and trip records, expense receipts, fleet communication records, payroll records | 6 months (§ 395.8(k)) |
| Driver qualification (49 C.F.R. § 391.51) | A qualification file for each driver | Application, driving records, road test, annual review, medical certificate | Employment plus 3 years (§ 391.51(c)), with some documents removable after 3 years |
| Inspection and maintenance (49 C.F.R. § 396.3) | Systematic inspection, repair, and maintenance of vehicles the carrier controls | Inspection, repair, and maintenance records for the truck and trailer | 1 year, and 6 months after the vehicle leaves the carrier’s control |
| Daily inspection reports (49 C.F.R. § 396.11) | A signed end-of-day report listing safety defects, and certification of repairs | Driver vehicle inspection reports and repair certifications | 3 months |
| Post-accident testing (49 C.F.R. § 382.303) | Alcohol and drug testing after qualifying crashes | Test results, or the carrier’s record of why a test was not given | 1 to 5 years depending on the record (§ 382.401) |
| Accident register (49 C.F.R. § 390.15) | A list of the carrier’s reportable accidents | The register and copies of accident reports required by government or insurers | 3 years after each accident |
These are minimum periods. A carrier may keep records longer, but it is not required to. That is the practical reason truck accident lawyers send written preservation demands soon after a crash.
Hours-of-Service Violations: What Does a Truck Accident Lawyer Do With the Logs?
Under 49 C.F.R. § 395.3, a property-carrying driver generally may not drive without first taking 10 consecutive hours off duty, may not drive after the 14th consecutive hour after coming on duty, and may drive a total of 11 hours in that window. Driving is generally not permitted after 8 hours of driving without at least a 30-minute interruption. Weekly limits of 60 hours in 7 days or 70 hours in 8 days also apply, depending on the carrier’s schedule.
Most drivers record their duty status with an electronic logging device. A lawyer does not take the log at face value. Under 49 C.F.R. § 395.11, carriers must retain supporting documents that show where and when a driver was working, and those documents can be compared against the log:
- Bills of lading and itineraries, showing each trip’s origin and destination
- Dispatch and trip records, showing what the carrier told the driver to do and when
- Expense receipts for fuel, tolls, meals, or lodging, each with a time and place
- Fleet communication records, such as messages sent through a fleet management system
- Payroll and settlement records, showing what the driver was paid for
If a fuel receipt places the truck somewhere the log says it was not, or a delivery schedule could not have been met within the limits, the discrepancy can show a violation. It can also suggest the carrier set schedules that could not be met legally, which bears on the carrier’s own responsibility, not only the driver’s.
What Does a Truck Accident Lawyer Do With the Driver Qualification File?
Under 49 C.F.R. § 391.51, a carrier must keep a qualification file for each driver it employs. The file must include, among other things, the driver’s employment application, motor vehicle records from each licensing state, a road test certificate or accepted equivalent, the annual review of the driving record, and the medical examiner’s certificate.
A lawyer reviews the file for gaps: a missing or expired medical certificate, a skipped annual review, or a driving record showing violations the carrier knew about and ignored. Gaps like these can support a claim that the carrier was negligent in hiring, training, supervising, or keeping the driver, separate from the driver’s own fault at the time of the crash.
What Does a Truck Accident Lawyer Do When Equipment Failed?
Brake failures, tire blowouts, and lighting defects often trace back to maintenance. Under 49 C.F.R. § 396.3, a carrier must systematically inspect, repair, and maintain the vehicles it controls. Under § 396.11, drivers must prepare a signed report at the end of each day’s work listing any defect that would affect safe operation, and the carrier must certify that listed defects were repaired, or that repair was unnecessary, before the vehicle is driven again.
A lawyer requests the maintenance file and the daily inspection reports and compares them: a defect reported but never repaired, or a repair certified without work orders to support it, can be significant. Experts may examine the truck and trailer. When the failure came from a defect in a part rather than from maintenance, the manufacturer may share responsibility; see auto defect claims.
Drug and Alcohol Testing After the Crash
Federal post-accident testing rules apply to carriers whose drivers must hold a commercial driver’s license. Under 49 C.F.R. § 382.303, the carrier must test each surviving driver for alcohol and controlled substances as soon as practicable after a crash on a public road in these situations:
| Type of crash | Driver cited for a moving violation? | Testing required? |
|---|---|---|
| Someone died | Yes or no | Yes |
| Someone was injured and immediately received medical treatment away from the scene | Yes | Yes |
| Someone was injured and immediately received medical treatment away from the scene | No | No |
| A vehicle had disabling damage and had to be towed away | Yes | Yes |
| A vehicle had disabling damage and had to be towed away | No | No |
For the citation to trigger testing, it must be issued within 8 hours of the crash for alcohol testing and within 32 hours for drug testing. The regulation also sets deadlines for the tests themselves:
- Alcohol. If the test is not given within 2 hours, the carrier must keep a record of why. If it is not given within 8 hours, the carrier must stop trying and keep the same record.
- Drugs. If the test is not given within 32 hours, the carrier must stop trying and keep a record of why.
- Police tests. A breath, blood, or urine test conducted by law enforcement with independent authority can satisfy the requirement if it meets the applicable standards and the carrier obtains the results.
A lawyer requests the results or the carrier’s written explanation for any test that was not given. Under 49 C.F.R. § 382.401, records of positive results and refusals must be kept for at least five years, documents about decisions on post-accident tests for at least two years, and negative results for at least one year. A missing test, or a late one without a documented reason, can itself be evidence about how the carrier ran its safety program.
Finding Every Responsible Party
A truck crash can involve the driver, the motor carrier, the owner of the tractor or trailer, a broker or shipper, the company that loaded the cargo, a maintenance provider, or a parts manufacturer. The records above often show which of them played a role. Identifying all of them matters in California because, under Civil Code section 1431.2, each defendant’s liability for non-economic damages is generally limited to its own share of fault. For how each party’s role is established, see six people or entities often found responsible in a truck accident.
Insurance in a Truck Crash
Under 49 C.F.R. § 387.9, for-hire carriers in interstate commerce hauling non-hazardous property in vehicles of 10,001 pounds or more must carry at least $750,000 in public liability coverage, with higher minimums for oil and hazardous materials. Under § 387.7, proof of that coverage must be kept at the carrier’s principal place of business and is public information available on reasonable request. These are minimums, more than one policy may apply, and different rules can apply to carriers operating only within California. For a fuller comparison of the coverage tiers, see truck accident wrongful death. Vehicles below the 10,001-pound line follow different rules; see commercial vehicle accidents and delivery truck accidents.
Documenting the Injuries
Beyond medical records and bills, a lawyer may work with treating physicians and, where the injury is long-term, with specialists such as life care planners and economists to document future medical needs and lost earning capacity. Civil Code section 3333 measures damages as the amount that compensates for all the detriment proximately caused, and section 3283 allows damages for detriment certain to result in the future. There is no preset value for any injury, and no figure offered before the facts are known would be meaningful.
Deadlines
- Lawsuit. An injury lawsuit generally must be filed within two years (Code of Civil Procedure section 335.1).
- Public entities. If a city, county, or state agency may share responsibility, for example for a dangerous road or a government-operated truck, a written claim generally must be presented within six months (Government Code section 911.2).
- Records. The practical deadline is often earlier: some of the records above may be kept for only three to six months.
Under California’s pure comparative fault rule, an injured person’s share of fault reduces the recovery by that share but does not bar the claim.
Talk With Vaksman Khalfin About a Truck Crash
If you were hurt in a crash involving a commercial truck, Vaksman Khalfin, PC can explain which records likely exist, how quickly they should be preserved, and who may be responsible. The first conversation is free. Truck accident matters are handled on contingency under a written agreement that states the fee percentage and explains case costs, including expert and reconstruction costs, separately. Call (650) 250-0705, visit our San Mateo office page, or see our California truck accident page.
This page provides general information about California law and is not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome.
Reviewed by Alan D. Khalfin, Partner and Managing Attorney, Vaksman Khalfin, PC (admitted in California). Last reviewed: 10/20/2026
Frequently Asked Questions
A truck accident lawyer measures the driver and the carrier against federal safety rules on hours of service, driver qualification, maintenance, drug and alcohol testing, and insurance, and obtains the records those rules require. Ordinary car crashes do not have that layer of regulation and records.
Minimums vary: 3 months for daily inspection reports, 6 months for driver logs and supporting documents, 1 year for maintenance records (and 6 months after the vehicle leaves the carrier's control), 3 years for the accident register, and the length of employment plus 3 years for the driver qualification file.
For property-carrying drivers, generally up to 11 hours of driving within a 14-hour window after 10 consecutive hours off duty, with a 30-minute break required after 8 hours of driving, and weekly limits of 60 hours in 7 days or 70 hours in 8 days.
For drivers who must hold a commercial driver's license, yes after a fatal crash. After a non-fatal crash, testing is required if the driver is cited for a moving violation and someone received immediate medical treatment away from the scene or a vehicle had to be towed. If a test is not given in time, the carrier must document why.
The carrier must keep a record explaining why a required alcohol or drug test was not given in time. A lawyer requests both the results and that record, and a missing or late test can be evidence about the carrier's safety practices.
For for-hire interstate carriers of non-hazardous property in vehicles of 10,001 pounds or more, at least $750,000 under 49 C.F.R. § 387.9, with higher minimums for oil and hazardous materials. Actual coverage may be higher, and more than one policy may apply.
Depending on the facts, the driver, the motor carrier, the truck or trailer owner, a broker or shipper, the cargo loader, a maintenance company, or a parts manufacturer.
