Detailed answer — How to file a claim and protect your rights under Washington law

If a truck hit you and you were injured, start by protecting your health and preserving evidence. Then follow a clear process to file an insurance claim and, if necessary, a lawsuit. Below are the key steps and legal rules that matter in Washington.

1. Immediate steps at the scene and right after

1. Get medical care. Your health is the priority. Seek emergency treatment for serious injuries. Even if injuries seem minor, get a medical exam — some injuries show up later.
2. Call the police and create an official crash report. Washington law requires drivers to stop and exchange information and to report accidents that cause injury. See RCW 46.52.020: RCW 46.52.020.
3. Collect evidence if you can: photos of vehicles and injuries, skid marks, road signs, license plates, the truck’s DOT number (often on the cab), driver information, and contact information for witnesses.
4. Preserve records: keep medical records, bills, paystubs showing lost income, and repair estimates. Do not post detailed descriptions of the crash or your injuries on social media.

2. Notify insurance

Report the crash to your auto insurer promptly and to the truck driver’s insurer when you have the contact info. Provide facts, not speculation. Your insurer will tell you whether your policy’s uninsured/underinsured motorist (UM/UIM) coverage might apply if the truck is uninsured or underinsured.

3. Who can be responsible for your injuries?

• The truck driver — for negligent driving, intoxication, distracted driving, speeding, etc.
• The trucking company or employer — employers often face vicarious liability (respondeat superior) for drivers acting within their job duties.
• The truck owner if different from the employer.
• Vehicle or parts manufacturers or maintenance companies, if a mechanical failure or defect caused the crash.

4. Insurance claims vs. lawsuits

Most injury cases begin with an insurance claim against the truck driver’s commercial liability insurer and possibly your own insurer for UM/UIM. The insurer may offer a settlement. You are not required to accept a settlement and should evaluate it against your medical prognosis, out-of-pocket costs, future care needs, and lost earnings.

If negotiations fail, you can file a civil lawsuit for damages (medical expenses, lost wages, pain and suffering, property damage, and other losses).

5. Deadlines and time limits (statute of limitations)

In Washington, personal injury lawsuits generally must be filed within three years from the date of the injury. See RCW 4.16.080: RCW 4.16.080. If you miss this deadline, a court will likely dismiss your case.

If the defendant is a state or local government agency or employee acting in the scope of employment, special notice and shorter deadlines may apply under Washington’s tort claims statutes. See RCW chapter 4.96: RCW 4.96. Do not assume normal deadlines apply to claims against public entities — check the statute or consult counsel quickly.

6. Comparative fault in Washington

Washington follows a comparative fault system. If you are partly at fault, your recovery is reduced by your percentage of fault. See RCW 4.22.005: RCW 4.22.005.

7. Evidence and documentation to build your claim

Good documentation strengthens your claim. Important items include:

• Police report and crash report number.
• Photos and videos of the scene, vehicles, visible injuries, and road conditions.
• Witness statements and contact information.
• All medical records, bills, and treatment plans.
• Records of lost wages, missed shifts, and reduced earning capacity.
• Repair estimates for vehicle damage and receipts for out-of-pocket expenses (rental car, prescriptions, etc.).
• Any commercial vehicle logs, DOT numbers, or evidence of regulatory violations. Trucking companies and drivers must comply with federal and state safety rules; violations can support negligence or negligence per se claims.

8. Dealing with the trucking company and commercial insurers

Commercial trucking insurers handle many claims and may investigate immediately. Preserve communications in writing. Be cautious giving recorded statements before you have legal advice. Insurers may use early statements to limit or deny claims.

9. When to talk to a lawyer

Consider consulting a personal injury attorney early if:

• Your injuries are moderate to severe or likely to require future care.
• Liability is disputed or multiple parties may be responsible.
• There is extensive property damage or lost income.
• The at-fault party is a commercial carrier with high-value insurance.
• You think you may need to sue (statute of limitations is approaching).

An attorney can evaluate liability, handle insurer communications, preserve key evidence, and file suit if needed. Hiring an attorney does not automatically mean you must sue; many attorneys negotiate settlements without filing a lawsuit.

10. What to expect in settlement or litigation

Settlement can occur at any stage. If you litigate, steps include filing a complaint, discovery (document exchange, depositions), motions, and possibly a trial. Many cases settle before trial. Courts award damages for past and future medical expenses, lost wages, pain and suffering, and sometimes punitive damages in rare cases of recklessness.

Helpful hints — practical tips after a truck crash in Washington

• Seek medical care immediately and follow prescribed treatment — gaps in care can hurt your claim.
• Get the police report number and officer’s name. Ask how to obtain the official report.
• Take many photos of injuries, vehicles, scene, and road signs as soon as you can.
• Write down everything you remember about the crash while details are fresh.
• Preserve your phone and any dashcam footage; do not factory reset or delete files.
• Keep a daily journal of symptoms, treatment, and how injuries affect daily life — this helps quantify pain and suffering.
• Notify your insurer quickly and be truthful. Review your policy for UM/UIM coverage and rental or medical payment coverage.
• Be careful with recorded statements to insurers for the other side’s policy — consider consulting an attorney first.
• If a government vehicle or employee hit you, act fast and review RCW chapter 4.96 for special rules: RCW 4.96.
• Watch the clock: Washington’s general statute of limitations for injury claims is three years. See RCW 4.16.080: RCW 4.16.080.

Final notes and disclaimer

This article explains common steps and Washington law basics for filing a claim after a truck crash. It is educational only and not legal advice. Laws change and every case has unique facts. For advice tailored to your situation, consult a licensed Washington attorney as soon as possible.