A semi, box truck or delivery truck hit you, and now there are injuries, bills and an insurer for a company you’ve never heard of. If you’re wondering how anyone takes on a trucking company, that’s a normal worry. Here’s the plain answer: more than the driver can be responsible. The trucking company can answer for its driver’s mistakes and for its own, such as hiring an unsafe driver or skipping repairs, and the truck’s owner, the company that loaded it, a repair shop or a parts maker can share the blame. Federal safety rules create records, such as driving logs, driver files, drug tests and repair records, that can show what went wrong. Some only have to be kept for 3 to 6 months, so the first weeks matter.
In 2024, 5,340 people died and an estimated 161,201 were hurt in U.S. traffic crashes involving large trucks, those rated over 10,000 pounds; 4,420 of those killed weren’t in a large truck. In Michigan, 112 people died in these crashes, 100 of whom weren’t in a large truck (National Highway Traffic Safety Administration; 2024 death counts can still change). For how these claims differ from car crash claims, see why truck crash claims differ; for the basics, see our car accident guide.
Hurt by a truck and not sure where you stand? Get a free case review. Four quick questions, no cost, no obligation.
Who can be held liable for a truck accident?
Often several, each possibly with its own insurance. The details are mostly state law; Michigan’s rules are in the boxes.
The driver and the trucking company
The driver owes everyone reasonable care (see the legal duties every driver owes), and a commercial truck driver may not text or use a hand-held phone while driving, or drive while too tired or ill to drive safely (49 CFR 392.3, 392.80, 392.82).
The trucking company (the motor carrier) can be liable in two ways:
- For its driver. Under a doctrine called respondeat superior, employers answer for employees’ wrongful acts on the job. Each state sets its own test, and it generally doesn’t cover independent contractors (Cornell Law School’s Legal Information Institute, or Cornell LII), which some drivers who lease their trucks to a carrier may be (49 CFR 376.12(c)).
- For its own mistakes. Federal rules require the carrier to use only qualified drivers; check a new driver’s 3-year driving and safety history and FMCSA’s drug and alcohol Clearinghouse; review each driver’s record yearly, giving “great weight” to violations such as speeding and impaired driving; keep drivers within the hours limits, without schedules that require speeding; and systematically maintain its trucks (49 CFR 391.11, 391.23, 391.25, 382.701, 395.3, 392.6, 396.3).
In a 2026 U.S. Supreme Court case, all the parties agreed that a federal trucking law doesn’t block state-law suits against a trucking company that “maintained an unsafe truck or hired or employed an at-fault driver” (No. 24-1238, concurring opinion).
Owners, shippers and loaders
Owners. The tractor and trailer can belong to the carrier, the driver or a leasing company, and whether an owner who wasn’t driving is liable depends on state law. A federal law generally shields rental and leasing businesses from liability based only on ownership, unless they were negligent or did something criminal, but leaves state insurance requirements in place (49 U.S.C. 30106).
Shippers and loaders. Cargo must be secured so it can’t fall off or shift enough to affect the truck’s handling. The driver and carrier may not operate the truck unless it is, and the driver must check the load along the way, unless the trailer is sealed and the driver was told not to open it, or the load can’t practically be inspected (49 CFR 393.100, 392.9). A shipper’s share of the blame is mostly a question of state negligence law. In 1953, a federal appeals court said the carrier has the primary duty to load safely. A shipper that takes on the loading becomes liable for hidden defects the carrier couldn’t see by ordinary observation, but if the bad loading is apparent, the carrier is liable despite the shipper’s negligence, a rule it said most state courts followed (209 F.2d 442, 4th Cir.).
Repair shops, manufacturers and brokers
A repair shop that did careless brake, tire or other work can be liable for negligence, though the carrier keeps its own duty to maintain its trucks “or cause” them to be maintained (49 CFR 396.3(a)).
A manufacturer or seller of a defective truck, trailer or part can be liable under state product liability law; there’s no federal product liability law (Cornell LII). See how product liability claims work.
A freight broker arranges, for pay, for a carrier to haul freight (49 CFR 371.2). In the 2026 Supreme Court case above, decided in May, the Court unanimously held that, because of an exception for state safety laws, the same trucking law doesn’t block a state-law claim that a broker negligently hired an unsafe carrier (No. 24-1238; 49 U.S.C. 14501(c)(2)(A)). The claim still has to be proved under state law, and the Court didn’t decide claims over trips within one state, which fall under a separate provision with no safety exception (49 U.S.C. 14501(b)).
Which federal trucking rules can help prove your case?
The Federal Motor Carrier Safety Administration (FMCSA) sets safety rules for trucks rated or weighing 10,001 pounds or more in interstate commerce, which includes an in-state leg of a shipment that starts or ends in another state (49 CFR 390.3T, 390.5T). The carrier must make its drivers follow them (49 CFR 390.11), and most leave a record (table citations are to 49 CFR):
| Rule | What it requires | Records, and how long they must be kept |
|---|---|---|
| Hours of service (Part 395) | No driving without 10 hours off first, for more than 11 hours, or once 14 hours have passed since coming on duty; a 30-minute break after 8 hours of driving; no driving after 60 hours on duty in 7 days, or 70 in 8 (395.3) | Electronic logging device (ELD) records and backups, and supporting documents such as bills of lading, dispatch records, expense receipts, fleet messages and pay records: 6 months (395.8(k), 395.11, 395.22(i)) |
| Driver qualification (Part 391) | Qualified drivers, a 3-year background check and a yearly driving-record review (391.11, 391.23, 391.25) | The driver qualification file, including the application, driving records and medical certificate: while the driver works there plus 3 years, some items less (391.51) |
| Drug and alcohol testing (Part 382), for drivers who need a commercial driver’s license | No duty at 0.04 alcohol or more; testing after certain crashes; Clearinghouse checks (382.103, 382.201, 382.303, 382.701) | Positive drug tests, alcohol results of 0.02 or more, and refusals: 5 years; negative drug tests and lower alcohol results: 1 year; Clearinghouse queries: 3 years (382.401, 382.701(e)) |
| Inspection, repair and maintenance (Part 396) | Systematic maintenance; safety defects drivers report fixed before the truck is driven again; an inspection at least every 12 months (396.3, 396.11, 396.17) | Maintenance records: 1 year, and 6 months after the truck leaves the carrier’s control; drivers’ defect reports: 3 months; annual inspection report: 14 months (396.3(c), 396.11, 396.21) |
False logs and ELD tampering are banned, and supporting documents must be kept so they can be matched to the logs (49 CFR 395.8(e), 395.11); short-haul drivers exempt from logs still have time records kept for 6 months (49 CFR 395.1(e)). Post-crash testing is required after a death, or when the truck driver is ticketed for a moving violation and someone was treated away from the scene or a vehicle was towed. The company stops trying after 8 hours for alcohol and 32 for drugs, and must record why (49 CFR 382.303).
How much insurance must a truck carry?
Federal minimums apply to for-hire carriers hauling property across state lines and to hazardous-materials carriers, including some that stay in one state (49 CFR 387.3). As of September 2026, they are (49 CFR 387.9):
| Truck and cargo | Minimum |
|---|---|
| For-hire, rated 10,001 pounds or more, hauling nonhazardous property in interstate or foreign commerce | $750,000 |
| For-hire or private, rated 10,001 pounds or more, hauling oil, hazardous waste, or hazardous materials or substances not listed below (any quantity across state lines; in bulk only, within a state) | $1,000,000 |
| For-hire or private, rated 10,001 pounds or more, in interstate, foreign or intrastate commerce: hazardous substances in bulk in cargo tanks, portable tanks or hopper-type vehicles; bulk explosives (Divisions 1.1 to 1.3); bulk flammable or compressed gas (Divisions 2.1 and 2.2) or poison gas (Division 2.3, Hazard Zone A); bulk Division 6.1, Packing Group I, Hazard Zone A poisons; or highway route controlled quantities of radioactive material. Lighter trucks need the same for those explosives, poison gas, poisons and radioactive material in interstate or foreign commerce | $5,000,000 |
These are floors, not caps, and proof of a carrier’s coverage is public on reasonable request (49 CFR 387.7(e)); the hazard classes are defined in 49 CFR Part 173. Companies hauling their own nonhazardous goods, and for-hire carriers hauling ordinary freight only within one state, fall outside these minimums; state law decides what they must carry.
Does breaking a trucking rule prove negligence?
It can be strong evidence. In some states, breaking a safety statute or regulation without an excuse is negligence as a matter of law, called negligence per se, leaving the question of whether the violation caused the harm (Cornell LII).
What evidence matters, and how fast can it disappear?
Much of the key evidence is on the truck or in the carrier’s files:
- The truck’s data. The ELD automatically records the date, time, location, engine hours, miles and driver at each change of duty status and at least hourly while the truck moves, and on trucks from model year 2000 on with an engine computer, it must be linked to that computer (49 CFR 395.26; Part 395, subpart B, appendix A). Ask about any camera or tracking system too. The federal “black box” rule doesn’t cover heavy trucks, but your own car’s event data recorder may show your speed and braking (49 CFR 563.3, 563.7).
- The carrier’s files: the records in the table above, plus an accident register listing the carrier’s crashes for 3 years, with copies of crash reports (49 CFR 390.15(b)).
- The truck and trailer, before they’re repaired or sold, and video and witnesses, before they’re lost.
Once a retention period ends, the federal rules no longer require the carrier to keep the record. A preservation letter, usually sent by a lawyer, tells the company a claim is coming and names what it must keep; see how to preserve evidence after a crash.
How do you check a trucking company’s safety record?
Covered trucks generally must show the operating carrier’s name and USDOT number on both sides, after the words “operated by” if another company’s name is on the truck (49 CFR 390.21T). Look the number up in FMCSA’s free SAFER Company Snapshot: the carrier’s size, cargo, safety rating if it has one, roadside out-of-service inspection summary and crashes. A carrier rated Unsatisfactory, the lowest of the three ratings, is generally barred from operating (49 CFR 385.3, 385.13). FMCSA’s Safety Measurement System adds inspection and crash data, though by law some property-carrier results are hidden, and FMCSA warns against judging a carrier’s overall safety from that data alone. A poor record doesn’t prove the carrier caused your crash, but it shows what to ask for.
Worried the records will be gone before anyone asks for them? Get a free case review. Four quick questions, no cost, no obligation.
How do Michigan’s rules apply after a truck crash?
Three Michigan rules shape a truck crash claim:
When does a truck accident lawyer make sense?
Not every crash needs one, but truck accident claims often have features that make early advice worth getting:
- Several defendants, each with its own share of fault, and possibly its own insurance, to find and prove.
- Records only the carrier has, some kept for just 3 or 6 months. A lawyer can send a preservation letter now.
- Bigger policies and bigger losses. Federal minimums run from $750,000 to $5 million.
- An insurer that moves fast. The trucking company’s insurer handles claims like yours every day; get advice before a recorded statement or release (see talking to an insurance adjuster).
- A death. See how wrongful death claims work and Michigan’s wrongful death rules.
Injury lawyers often work on a contingency fee, a share of any recovery. In Michigan, it can’t be more than one-third of the recovery after case costs, and the agreement must be in writing (MCR 8.121(B), (C), (F)); see how injury lawyers get paid. To choose one, see how to find the right lawyer for your case, or compare Michigan injury lawyers.
What to do next
- Get medical care, and keep every record. Our checklist of 10 things to do after a car accident covers the first days.
- Record who the truck belongs to. Photograph the carrier’s name and USDOT number on both sides, the trailer and the plates, and get the crash report number and witnesses’ names.
- Give your insurer written notice. In Michigan, PIP notice is due to the insurer that owes your benefits within one year of the crash (MCL 500.3145(1)).
- Say less to the trucking company’s insurer. No recorded statement or release before you’ve had advice: a release is an agreement to give up a claim (Cornell LII).
- Get a free case review within days, not months. Get a free case review, or in Michigan, compare injury lawyers near you.
What waiting can cost
- The records. Drivers’ defect reports only have to be kept for 3 months and logs for 6, and post-crash testing stops after 8 hours for alcohol and 32 for drugs (49 CFR 396.11, 395.8(k), 382.303).
- The truck. It can be repaired and put back on the road.
- Your right to sue. Every state sets a deadline to file, called the statute of limitations; see deadlines by state.
What a good outcome looks like
Your medical bills go to the right insurer while you heal. Every company that shares responsibility is found early, the logs, files and truck are saved in time, and your claim is valued on your full injuries and all the insurance available. From wondering how to take on a trucking company to knowing who may share the blame, which federal records can prove it and how fast they need to be saved.
For more, see our car, truck and motorcycle accident guides or the plain-English guide to Michigan injury law.
Frequently asked questions
Who is liable in a truck accident?
Depending on the facts and your state's law: the driver; the trucking company, for its driver's conduct on the job and for its own hiring, scheduling and maintenance; the truck's or trailer's owner; a shipper or loader; a repair shop; a parts maker; or a freight broker. In Michigan, each defendant generally pays only its own share of the fault, so finding every responsible company matters (MCL 600.6304(4)).
How do federal trucking rules help a truck accident claim?
They set specific duties, such as limits on driving hours, driver background checks, drug and alcohol testing and maintenance, and they require records that can show a violation (49 CFR Parts 382, 391, 395 and 396). Michigan has adopted most of these rules by statute (MCL 480.11a). There, a jury may infer negligence from a violation of a statute, or weigh a violation of an ordinance or agency rule as evidence of negligence, and then decides whether the violation caused the crash (M Civ JI 12.01, 12.03, 12.05). Which of these applies to the adopted federal rules is for the judge to decide (MCR 2.512).
Can I look up a trucking company's safety record?
Yes. Get the USDOT number from the side of the truck (49 CFR 390.21T) and search FMCSA's free SAFER Company Snapshot, which shows the carrier's safety rating if it has one, its roadside out-of-service inspection summary and its crashes. FMCSA's Safety Measurement System adds inspection and crash data, but some property-carrier results are hidden from the public by law, and FMCSA cautions against judging a carrier's overall safety from that data alone.
Do federal trucking rules apply to a truck that never left Michigan?
Often, yes. Michigan has adopted most federal motor carrier rules as state law and applies them to trips within the state (MCL 480.11a). On in-state trips, the full set covers trucks that require a commercial driver's license, and smaller trucks must still follow the driver qualification, driving and equipment rules in 49 CFR Parts 391 to 393. The act also has special rules, including for drivers as young as 18 on in-state trips, farm vehicle drivers, seasonal construction work and government-owned trucks (MCL 480.12d, 480.15).
I was hurt driving my employer's truck in Michigan. Who pays?
Workers' compensation, and no-fault PIP from the insurer of the truck your employer owns or registered, with the workers' comp benefits subtracted from PIP (MCL 500.3114(3), 500.3109(1)). Workers' comp is generally your only claim against your employer, but you can also sue someone other than your employer or a coworker who caused the crash, such as another driver (MCL 418.131(1), 418.827(1)). Give the no-fault insurer written notice within one year (MCL 500.3145(1)).
Do I need a lawyer for a truck accident claim?
Not always, but truck claims often involve several companies and insurers, federal records that only have to be kept for months, and larger insurance policies, so early advice helps most. In Michigan, a contingency fee in an injury case can't be more than one-third of the recovery after case costs, and the fee agreement must be in writing (MCR 8.121(B), (C), (F)).
Sources
- Large Trucks: 2024 Data, Traffic Safety Facts (DOT HS 813 816, June 2026) · National Highway Traffic Safety Administration
- Company Snapshot (SAFER) · Federal Motor Carrier Safety Administration
- Safety Measurement System (SMS), including its FAST Act notice · Federal Motor Carrier Safety Administration
- 49 CFR 390.3T, General applicability · Electronic Code of Federal Regulations
- 49 CFR 390.5T, Definitions (commercial motor vehicle, interstate commerce) · Electronic Code of Federal Regulations
- 49 CFR 390.11, Motor carrier to require observance of driver regulations · Electronic Code of Federal Regulations
- 49 CFR 390.15, Assistance in investigations; accident register · Electronic Code of Federal Regulations
- 49 CFR 390.21T, Marking of commercial motor vehicles · Electronic Code of Federal Regulations
- 49 CFR 371.2, Definitions (broker) · Electronic Code of Federal Regulations
- 49 CFR 376.12, Lease requirements · Electronic Code of Federal Regulations
- 49 CFR 383.5, Definitions (commercial motor vehicle requiring a CDL) · Electronic Code of Federal Regulations
- 49 CFR 385.3, Definitions (safety ratings) · Electronic Code of Federal Regulations
- 49 CFR 385.13, Unsatisfactory rated motor carriers · Electronic Code of Federal Regulations
- 49 CFR 391.11, General qualifications of drivers · Electronic Code of Federal Regulations
- 49 CFR 391.23, Investigation and inquiries · Electronic Code of Federal Regulations
- 49 CFR 391.25, Annual inquiry and review of driving record · Electronic Code of Federal Regulations
- 49 CFR 391.51, Driver qualification files · Electronic Code of Federal Regulations
- 49 CFR 382.103, Drug and alcohol testing: applicability · Electronic Code of Federal Regulations
- 49 CFR 382.201, Alcohol concentration · Electronic Code of Federal Regulations
- 49 CFR 382.303, Post-accident testing · Electronic Code of Federal Regulations
- 49 CFR 382.401, Retention of records · Electronic Code of Federal Regulations
- 49 CFR 382.701, Drug and Alcohol Clearinghouse · Electronic Code of Federal Regulations
- 49 CFR 392.3, Ill or fatigued operator · Electronic Code of Federal Regulations
- 49 CFR 392.6, Schedules to conform with speed limits · Electronic Code of Federal Regulations
- 49 CFR 392.9, Inspection of cargo, cargo securement devices and systems · Electronic Code of Federal Regulations
- 49 CFR 392.80, Prohibition against texting · Electronic Code of Federal Regulations
- 49 CFR 392.82, Using a hand-held mobile telephone · Electronic Code of Federal Regulations
- 49 CFR Part 393, Subpart I, Protection against shifting and falling cargo (section 393.100) · Electronic Code of Federal Regulations
- 49 CFR 395.1, Scope of rules (short-haul operations) · Electronic Code of Federal Regulations
- 49 CFR 395.3, Maximum driving time for property-carrying vehicles · Electronic Code of Federal Regulations
- 49 CFR 395.8, Driver's record of duty status (retention in 395.8(k)) · Electronic Code of Federal Regulations
- 49 CFR 395.11, Supporting documents · Electronic Code of Federal Regulations
- 49 CFR 395.22, Motor carrier responsibilities for ELDs · Electronic Code of Federal Regulations
- 49 CFR 395.26, ELD data automatically recorded · Electronic Code of Federal Regulations
- 49 CFR Part 395, Appendix A to Subpart B, Functional specifications for ELDs (section 4.2) · Electronic Code of Federal Regulations
- 49 CFR 396.3, Inspection, repair, and maintenance · Electronic Code of Federal Regulations
- 49 CFR 396.11, Driver vehicle inspection reports · Electronic Code of Federal Regulations
- 49 CFR 396.17, Periodic inspection · Electronic Code of Federal Regulations
- 49 CFR 396.21, Periodic inspection recordkeeping requirements · Electronic Code of Federal Regulations
- 49 CFR 387.3, Financial responsibility: applicability · Electronic Code of Federal Regulations
- 49 CFR 387.7, Financial responsibility required; proof of coverage · Electronic Code of Federal Regulations
- 49 CFR 387.9, Financial responsibility, minimum levels · Electronic Code of Federal Regulations
- 49 CFR 173.50, 173.115, 173.132 and 173.403, Hazardous materials classes (explosives, gases, poisons, radioactive material) · Electronic Code of Federal Regulations
- 49 CFR 563.3 and 563.7, Event data recorders: application and data elements · Electronic Code of Federal Regulations
- 49 U.S.C. 30106, Rented or leased motor vehicle safety and responsibility · Office of the Law Revision Counsel, U.S. House of Representatives
- Montgomery v. Caribe Transport II, LLC, No. 24-1238, opinion of the Court and concurring opinion (decided May 14, 2026): negligent-hiring claims against freight brokers · Supreme Court of the United States
- 49 U.S.C. 14501, Federal authority over intrastate transportation (subsection (b), brokers; subsection (c)(2)(A), the safety exception) · Office of the Law Revision Counsel, U.S. House of Representatives
- United States v. Savage Truck Line, Inc., 209 F.2d 442 (4th Cir. 1953): loading duties of carriers and shippers · Caselaw Access Project, Harvard Law School
- Loweke v Ann Arbor Ceiling & Partition Co, LLC (Docket No. 141168, decided June 6, 2011) · Michigan Supreme Court
- Respondeat superior (Wex legal dictionary) · Legal Information Institute, Cornell Law School
- Products liability (Wex legal dictionary) · Legal Information Institute, Cornell Law School
- Negligence per se (Wex legal dictionary) · Legal Information Institute, Cornell Law School
- Release (Wex legal dictionary) · Legal Information Institute, Cornell Law School
- Michigan Model Civil Jury Instructions (updated July 21, 2026): M Civ JI 12.01 to 12.05 · Michigan Supreme Court
- MCR 2.512, Instructions to jury, and MCR 8.121, Contingent fees in claims or actions for personal injury, wrongful death, and no-fault benefits · Michigan Supreme Court
- MCL 480.11a, Adoption of federal motor carrier safety regulations · Michigan Legislature
- MCL 480.12d, Person qualified to operate a commercial motor vehicle (intrastate) · Michigan Legislature
- MCL 480.15, Intrastate transportation; farm, government-owned and seasonal construction vehicles · Michigan Legislature
- MCL 500.3105, PIP benefits payable without regard to fault · Michigan Legislature
- MCL 500.3107, Allowable expenses, work loss and replacement services · Michigan Legislature
- MCL 500.3109, Government benefits subtracted from PIP · Michigan Legislature
- MCL 500.3114, Order of priority for PIP claims · Michigan Legislature
- MCL 500.3115, PIP claims by people who were not in a vehicle · Michigan Legislature
- MCL 500.3135, Tort liability for noneconomic loss; excess economic loss · Michigan Legislature
- MCL 500.3145, PIP notice of injury and limitations · Michigan Legislature
- MCL 500.3174, One-year notice to the Assigned Claims Plan · Michigan Legislature
- MCL 418.131, Workers' compensation as the exclusive remedy · Michigan Legislature
- MCL 418.827, Third-party liability · Michigan Legislature
- MCL 257.401, Owner's liability; leased vehicles · Michigan Legislature
- MCL 257.731, Traffic convictions and civil infraction determinations inadmissible in civil actions · Michigan Legislature
- MCL 600.2956, Several liability; employer's vicarious liability · Michigan Legislature
- MCL 600.2957, Allocation of fault, including nonparties · Michigan Legislature
- MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
- MCL 600.6304, Allocation of fault; several liability · Michigan Legislature
- MCL 600.5805, Limitations of actions for injury and product liability · Michigan Legislature
- MCL 600.5852, Extra time after a death · Michigan Legislature
- MCL 600.6431, Claims against the state; notice deadlines · Michigan Legislature
- MCL 691.1405, Government-owned vehicles; liability for negligent operation · Michigan Legislature
Updated September 29, 2026
This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.