Steps to Filing a Claim After Being Injured by a Truck in Utah
Not legal advice. This article explains general Utah procedures and is for educational purposes only.
Short answer — what you must do now
If a truck hit you and you were hurt, get emergency medical care first, preserve evidence, report the crash to police, notify your insurer, and pursue a claim against the truck driver and the trucking company (and their insurer). In Utah, you usually have a limited time to sue for injuries, so start the process right away — see the statute of limitations information below. For complex or serious injuries, talk with a personal injury attorney as soon as possible.
Detailed answer — step-by-step guidance
1. Safety and medical care
Seek medical help immediately, even if injuries seem minor. Some injuries (head, neck, internal) show delayed symptoms. Medical records document your injuries and tie them to the crash — they are essential evidence for your claim.
2. Report the crash and get the police report
Call 911 or the local police if they did not come to the scene. The official crash report records the facts, officer observations, and citations. Obtain the report number and a copy of the report — insurance companies and courts rely heavily on this document.
3. Preserve evidence at the scene
When safe and able, take photos and video of vehicle positions, damage, skid marks, debris, road signs, traffic signals, and injuries. Get contact information for witnesses and write down what happened while details are fresh.
4. Get the truck and carrier information
Record the truck driver’s name, company name, license plate, USDOT number, and insurance information. Commercial trucks usually display the carrier name and USDOT number on the door. The USDOT number helps identify the carrier and insurance.
5. Preserve perishable trucking evidence
Trucking companies may destroy or overwrite electronic logs, event data recorders (black boxes), dash-cam footage, maintenance records, and driver logs. Send a written preservation letter (sent by certified mail or email with delivery receipt) to the trucker, carrier, and their insurer asking them to preserve all crash-related evidence. Do this promptly.
6. Notify your insurer and the trucker’s insurer
Report the crash to your auto carrier right away. Give facts, but avoid detailed recorded statements about fault until you have medical documentation and (ideally) an attorney. The truck driver’s employer likely has commercial liability coverage; file a claim with that insurer as well.
7. Document damages and losses
Keep medical bills, diagnostic reports, receipts for medications, therapy records, vehicle repair estimates, lost-wage documentation, and a pain-and-suffering diary (daily notes on symptoms and limitations). These support your claim for economic and non-economic damages.
8. Investigation and negotiation
Insurers investigate quickly. They may seek recorded statements from you and the driver, review the police report, and examine evidence. Expect adjuster contact. Do not accept the first settlement offer without understanding the full extent of your injuries and future care needs.
9. Filing a lawsuit (if necessary)
If the insurer will not offer fair compensation, you may need to file a civil lawsuit. In Utah, personal injury lawsuits must be filed within the statutory deadline discussed below. Litigation triggers formal discovery, depositions, and possible trial unless you settle earlier.
10. When the truck belongs to a government agency
Claims against government drivers or entities often require specific notice and shorter deadlines. If a government vehicle caused the crash, notify the agency and consult an attorney promptly to learn the rules that apply.
Key Utah deadline: statute of limitations
In Utah, you generally have four years from the date of injury to file a civil lawsuit for personal injury. See Utah Code § 78B-2-307 for the governing limitation period: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html. Missing the deadline usually prevents you from suing to recover damages, so act quickly.
How liability and damages are handled
The trucking company and driver may be liable if negligence caused the crash: unsafe driving, hours-of-service violations, improper maintenance, or insecure loads. Commercial carriers carry larger liability policies than typical private drivers. Recoverable damages include medical expenses, lost wages, future medical care, property damage, and non-economic losses like pain and suffering. Your recovery can be reduced if you share fault for the accident. For complex legal questions about fault apportionment and damages, consult an attorney.
When to hire a lawyer
Consider talking with an attorney right away if you have any of the following: serious or permanent injuries, multiple fractures, head or spinal injuries, long hospital stays, disputes about fault, the trucker or carrier denies responsibility, or the insurance offer seems low. Many personal injury lawyers work on contingency, meaning they advance costs and are paid only if you recover.
Helpful hints — practical tips to protect your claim
- Seek medical care immediately and follow all treatment plans.
- Get the police report number and order a copy early.
- Photograph the scene, injuries, vehicles, and road conditions from multiple angles.
- Collect eyewitness names and phone numbers while memories are fresh.
- Send a preservation letter to the carrier (request ELD/black box/dash-cam, driver logs, maintenance records).
- Keep every bill, receipt, and time-off paperwork related to the crash.
- Do not sign releases or accept settlements without understanding future medical needs.
- Be cautious giving recorded statements; ask an attorney before providing detailed statements to the other side.
- If the truck is a government vehicle, get legal help quickly — special notice rules may apply.
- Write down how injuries affect your daily life — judges and juries value concrete examples.