Vancouver WA Truck Accident Lawyer

What to Do After a Commercial Trucking Accident

Serving Vancouver, Washington & Clark County

If you or a loved one was injured in a crash involving a commercial truck (such as a tractor-trailer, big rig, semi-truck, delivery truck, heavy freight carrier) near Vancouver, Washington, Clark County, or throughout Southwest Washington, your injury claim may be more complicated than the average injury case. The answers to the following questions may not be immediately apparent:
  • How is trucking accidents different from typical car crash?
  • Who may be liable for my injuries?
  • What federal and state laws apply?
  • How is compensation calculated?
  • How is compensation calculated?
  • What should I immediately do after the crash?

What to Do After a Commercial Trucking Accident

Commercial trucks are not ordinary vehicles. When one collides with a passenger car, the consequences are often far more serious. Key differences include:
A commercial truck may weigh tens of thousands of pounds more than a passenger vehicle, so the injuries and damages can be far greater.
The legal and investigative issues are often more complex because multiple parties may be involved (driver, carrier, owner, cargo loader, maintenance contractor).
Commercial carriers and their insurers often have more resources to defend against your claim, meaning you will need experienced representation to stand up to them.
Because of the size and power of the trucks, there is often catastrophic injury, long-term disability, or fatality, making the stakes much higher from the beginning.
For these reasons, you will want a personal injury lawyer who has specific experience with trucking-accident claims—someone who is familiar with the unique rules that apply to commercial carriers and can investigate thoroughly.

Who Can Be Held Liable?

In a trucking accident case, liability may extend beyond just the truck driver. Potential responsible parties can include:
The truck driver if the driver was negligent (e.g., distracted, fatigued, speeding, impaired).
The trucking company / carrier, under theories like negligent hiring/training, negligent dispatch (forcing long hours), maintenance failures, or violation of federal safety rules.
The owner of the truck or trailer, if different than the carrier.
The cargo loader, shipper, or logistic company, if overweight or improperly secured cargo caused the crash.
The maintenance/repair provider, if brake failure, tire blowout or other mechanical defect contributed to the accident.
In some rare circumstances, parts manufacturers of defective truck components may be responsible.
Identifying all possible responsible parties is critical to achieving the maximum recovery. At VanWa Legal, we can help you ensure that all responsible parties are held accountable so that your injury claim is fully compensated.

Governing Laws: Federal & Washington State

Because most commercial trucks operate in interstate commerce or haul heavy freight, special federal safety regulations apply. In addition, Washington has its own statutes and case law that shape how injury claims proceed.

Key Federal Rules

The Federal Motor Carrier Safety Administration (FMCSA) enforces the Federal Motor Carrier Safety Regulations (FMCSRs), many of which impact trucking-accident cases. Relevant regulations include:
  • Driver qualifications, medical certificates, and commercial driver’s license (CDL) requirements.
  • Hours-of-Service (HOS) rules limiting driving hours and requiring rest breaks.
  • Vehicle inspection, maintenance and repair obligations for carriers and owners.
  • Drug and alcohol testing requirements (for example, post-accident testing of a commercial driver may be required within a specified time).
  • Cargo securement and weight limits that prevent overloaded or improperly secured loads from causing rollover or loss of control.
When a carrier or driver violates one of these regulations and that violation leads to a crash, that violation may be used as strong evidence of fault. These rules also give attorneys important investigative tools (driver logbooks, ELD data, carrier inspection records, FMCSA violation histories).

Washington-Specific Statutes & Case Law

In Washington, you will also rely on state statutes, common-law negligence principles, and rules such as:
  • Under RCW 46.52.020, a driver involved in an accident resulting in injury or death (or damage to a vehicle that is driven or attended) must give identifying information, render assistance, and provide insurance/driver license info.
  • Washington follows a pure comparative negligence rule, meaning you can recover damages even if you are partially at fault (your recovery is reduced by your percentage of your own fault).
  • Washington case-law on proving negligence.
While there is not a single statute specific to “commercial trucking accident liability,” the combination of negligence law and federal safety regulation makes trucking cases distinct. If the driver or carrier violated FMCSA rules, that violation will strengthen your injury case under Washington negligence law (for example, a truck driver who is made to drive longer than the rules allow may result in a finding of reckless conduct or enhanced liability).

Common Causes of Trucking Crashes

Trucking accidents often arise from one or more of the following:
  • Driver fatigue or exceeding allowable hours (HOS violation)
  • Distracted driving (mobile device, logbook entry, navigation)
  • Driver impairment (alcohol, drugs)
  • Over-speeding or aggressive operations by the carrier
  • Overloaded or improperly secured cargo leading to rollover or loss of control
  • Mechanical failures due to inadequate maintenance (brakes, tires, steering)
  • Jackknife or underride collisions (when a car gets trapped under a trailer)
  • Poorly maintained roads, debris, weather, or other roadway hazards
Given the size, weight and momentum of a commercial truck, the injuries sustained in these crashes are often catastrophic—such as traumatic brain injury, spinal cord injury, amputation, or wrongful death.

What Compensation Can You Receive?

If you were injured in a recent trucking collision, you may be entitled to recover:
  • Past and future medical expenses, including hospital, surgery, rehabilitation and ongoing care
  • Lost wages and reduced future earning ability
  • Pain and suffering, emotional distress and loss of enjoyment of life
  • Property damage (your vehicle, personal items)
In wrongful death cases: funeral expenses, loss of support and companionship
Trucking cases often involve higher insurance limits because commercial carriers carry larger liability policies. Still, the higher stakes also mean the investigation is more intense and insurers are more aggressive in denial or lowballing offers. That is why having a knowledgeable attorney is vital.

What Should You Do Immediately After a Trucking Crash?

Do:

  • Call 911 and seek medical treatment—even if you feel “okay,” some injuries manifest later (make sure to describe ALL medical issues you are feeling when you consult with the doctor, not just the most significant ones)
  • Get a police report and document the scene: photos of the truck number, trailer, cargo, skid marks, road/ weather conditions
  • Collect contact info from the truck driver, trucking company, witnesses
  • Preserve your vehicle and evidence; photograph your injuries, vehicle damage and location of the crash
  • Contact a lawyer experienced in trucking collisions early — the truck company’s records (electronic logs, black-box data, maintenance records) can be lost or destroyed
  • Avoid giving a recorded or written statement to the truck-carrier’s insurer before speaking to your lawyer

Do not:

  • Accept a quick settlement offer without fully understanding your injuries, future care needs and liability issues
  • Sign a release or waiver without legal review
  • Delay: The longer you wait, the harder it becomes to preserve critical evidence

Why Choose VanWa Legal PLLC for Trucking Accident Claims?

At VanWa Legal PLLC, we focus on serious trucking accident claims in Vancouver, Clark County, and throughout Southwest Washington. Here is how we set ourselves apart:

We investigate:

We obtain driver logs, ELDs (electronic logging devices), black-box data, maintenance records, FMCSA carrier histories and inspection reports.

We identify all liable parties:

driver, carrier, owner, loader/shipper, maintenance provider – we do not stop at the obvious.

We hold large carriers accountable:

We understand how commercial insurance works, and how to negotiate with—or if needed, litigate against—big insurance companies.

We provide personal attention:

Even though the cases are high-stakes, you are never just a case file. We meet you at either our downtown Vancouver office or our north-side Vancouver location, discuss your case in plain language, and keep you informed every step of the way.

We work on your timeline:

Serious injuries take time to fully understand, and we only recommend settlement when we believe you are truly ready.

Frequently Asked Questions (FAQ)


Typically, a crash involving a vehicle that is used in commerce—such as a tractor-trailer, semi-truck, big rig, delivery truck, or heavy freight vehicle (often over 10,000 lbs gross vehicle weight)—especially when hauling freight or operating as part of a carrier’s business fleet.

In Washington, the statute of limitations for personal injury claims is generally three years from the date of injury—but because trucking cases involve more complex parties and often federal issues, you should contact a lawyer promptly to avoid missing key deadlines or preservation obligations.

Yes—commercial carriers typically carry higher liability insurance limits. The catch: identifying the correct policy, knowing the insurer’s strategy, and understanding how the carrier’s records and safety history impact your claim.

Yes. Washington follows a pure comparative-fault rule, so even if you are partially at fault, you may still recover compensation equal to the percentage of fault by the truck driver and other parties. In trucking cases, multiple parties may be at fault (driver, carrier, you, other drivers), so an attorney’s role in parsing and arguing comparative fault is important.

Absolutely it can. If a carrier or driver violated an FMCSA rule (e.g., hours-of-service, maintenance, drug testing) and that violation contributed to the crash, that fact can strengthen your claim and be used as evidence of negligence per se.

Contact VanWa Legal Today

If you were injured in a crash with a commercial truck—whether you were driving, riding as a passenger, cycling, walking, or otherwise involved—please do not wait.

Contact VanWa Legal PLLC in Vancouver, Washington at (360) 397-7103.

 

We serve clients at our Downtown Vancouver office and our North-Side Vancouver location and can also meet by phone, zoom, or visit you in-person if you are too injured to travel. Let us put our energy and focus to work for you to help hold the responsible parties accountable, and pursue the compensation you deserve.