Detailed Answer — Step-by-step guide

If a commercial truck hit you and you were injured, you should take organized steps right away to protect your health and preserve your legal rights. Below is a clear, practical roadmap under North Dakota law to help you file an insurance claim and, if necessary, a lawsuit.

1. Immediate actions at the scene

• Call 911. Get police and medical responders to the scene.
• Seek medical attention even if you think you are OK. Some injuries show up later.
• Do not admit fault or speculate about what happened. Keep statements factual — your condition, what you remember.
• Collect evidence: take photos and videos of vehicles, road conditions, skid marks, debris, traffic signs, visible injuries, and any nearby cameras or business locations that might have recordings.
• Get contact and insurance information from the truck driver, and record the truck’s USDOT or motor carrier number and license plate. Take down witness names and phone numbers.

2. Preserve and document evidence

• Preserve your clothing, damaged vehicle parts, and any medical items (casts, splints) until an attorney advises otherwise.
• Write down your memory of the crash while it’s fresh: time, weather, traffic, what you saw and felt.
• Ask the responding officer for a copy of the crash report or how to obtain it. Crash reports and CAD records can be important evidence.

3. Report and notifications

• North Dakota requires compliance with motor vehicle rules and with reporting certain crashes. You can review state traffic and reporting rules at the North Dakota Century Code, Title 39 (Motor Vehicles): https://www.legis.nd.gov/cencode/titles/title-39.
• Notify your insurer promptly. Be cautious: limit early statements to factual information. Avoid giving a recorded statement to the trucking company’s insurer without talking to an attorney.

4. Identify liable parties

Truck crash liability may extend beyond the driver. Possible defendants include:

• The truck driver.
• The trucking company (employer), which can be vicariously liable for a driver’s mistakes and directly liable for negligent hiring, training, or maintenance.
• The vehicle owner, cargo loader, maintenance contractor, or a parts manufacturer if equipment failure contributed to the crash.

5. Federal rules and commercial carriers

Because commercial trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA), carrier records (driver logs, maintenance logs, inspection reports, Electronic Logging Device data) can be key evidence. Early preservation notices to the carrier are often required to avoid spoliation of trucking company records. See FMCSA regulations for more: https://www.fmcsa.dot.gov/regulations.

6. Medical records, bills, and lost wages

• Keep all medical records, imaging, bills, receipts, prescriptions, and proof of time missed from work.
• Document ongoing symptoms and follow your doctor’s treatment plan closely — gaps in treatment can hurt your claim.

7. Statute of limitations and timing

You must file a lawsuit within the time allowed by North Dakota law. See North Dakota Century Code, Title 28 (Limitations of Actions) for the governing rules: https://www.legis.nd.gov/cencode/titles/title-28. If you wait too long, the court can dismiss your case even if your claim is valid. For that reason, start the process promptly.

8. Insurance claims and lawsuits

• Start by reporting your claim to the trucking company’s insurer and, if needed, to your own insurer (for underinsured/uninsured motorist coverage).
• Insurers often investigate quickly and may make early settlement offers. Evaluate offers against documented damages — medical, lost wages, property damage, pain and suffering.
• If negotiations fail, you or your attorney can file a lawsuit in state court (or in federal court if federal jurisdiction applies). Lawsuits trigger formal discovery where you can obtain the trucking company’s records, driver logbooks, maintenance history, and witness testimony.

9. When to consult an attorney

Consult an attorney early if injuries are significant, liability is contested, multiple parties are involved, or the truck company denies responsibility. An attorney experienced with truck crash cases can preserve evidence, handle communications with insurers, coordinate medical experts, and assess potential claims against multiple defendants.

10. Practical expectations — timeline and costs

• Truck cases often take longer than typical car-accident claims because of jury exposure, multiple defendants, and extensive records. Expect months to years depending on complexity.
• Many personal injury attorneys work on contingency (they are paid only if you recover). Confirm fee rates and any costs advanced by the lawyer before hiring.

11. Special situations

• If you were working at the time of the crash, you may have workers’ compensation claims in addition to or instead of a third-party claim.
• If the truck was interstate, FMCSA and federal rules may create additional evidence sources but also different legal considerations (e.g., preemption issues and federal safety regulations).

Key North Dakota legal resources

• North Dakota Century Code — Title 28 (Limitations of actions): https://www.legis.nd.gov/cencode/titles/title-28
• North Dakota Century Code — Title 39 (Motor vehicles): https://www.legis.nd.gov/cencode/titles/title-39
• North Dakota Insurance Department (consumer information and insurer contacts): https://www.nd.gov/ndins/
• Federal Motor Carrier Safety Administration (trucking safety rules and records): https://www.fmcsa.dot.gov/regulations

Remember: Time is important — preserve evidence, get medical care, document everything, and contact counsel early to protect your rights.

Disclaimer: This information is for general educational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in North Dakota.

Helpful Hints

• Take many photos immediately — wide shots and close-ups of damage, injuries, and the scene.
• Ask whether the truck uses an Electronic Logging Device (ELD); that data is often crucial.
• Get a copy of the police crash report as soon as it’s available.
• Keep a daily journal of symptoms, medical appointments, and how injuries affect daily life.
• Do not post details, photos, or opinions about the crash on social media — insurers watch social media.
• If an adjuster offers a quick settlement, pause and consult an attorney — early offers are often low.
• Save every bill and proof of lost income; small documents add up to prove damages.
• If you hire an attorney, provide everything: photos, medical records, contact info for witnesses, and any correspondence with insurers.