9 Questions Truck Accident Intake Teams Should Ask Before Signing a Case
A truck accident lead that sounds strong on the surface can fall apart fast: a missed statute deadline, a caller who already signed with another firm, or ELD data that was overwritten before anyone sent a preservation letter. The intake call is where those risks surface, or don't. These nine questions give intake teams a repeatable screen they can run on every truck accident call before a retainer is ever offered.
Quick reference: the nine questions
- Did the at-fault vehicle belong to a commercial carrier, and who owns or operates it?
- When and where did the crash happen?
- Was a police report filed, and does the caller have the report number?
- What injuries did the caller sustain, and is treatment ongoing?
- Has the caller spoken to or signed with any other attorney?
- What insurance coverage exists on both sides?
- Has anyone preserved the truck's dash cam, ELD, or black box data?
- Are there witnesses, and does the caller have their contact information?
- Is there any gap between the crash date and the first medical visit?
1. Confirm the vehicle was a commercial truck and identify who owns it
Intake must confirm the vehicle was a commercial truck and identify who owns it, because a carrier-owned truck opens liability layers that a private vehicle does not.
The first question is the one that determines which playbook the rest of the intake follows. A semi-truck operated under a carrier's DOT number, a leased vehicle dispatched through a freight broker, and a contractor's personal pickup all look like "truck accidents" to the caller. They are not the same case.
A commercially operated truck brings federal motor carrier regulations into play, including Hours of Service rules under 49 C.F.R. Part 395, driver qualification file requirements under 49 C.F.R. Part 391, and potentially the carrier's liability policy, the shipper's policy, and an excess or umbrella layer on top. Identifying the vehicle type, the carrier name, the DOT number if the caller has it, and who the driver was employed by on the day of the crash is the foundation for everything that follows.
Takeaway: ask the caller to describe the truck and confirm whether there was a company name or DOT number on the door. That detail alone separates a case that requires FMCSA-regulation review from one that does not.
2. Establish the crash date and location to protect filing deadlines
Statutes of limitations for truck accident claims vary by state and can run as short as one year, so confirming the crash date at intake is mandatory.
A firm cannot afford to invest intake time, a medical records request, or an investigator in a case that is already time-barred. Statutes of limitations for personal injury claims, including truck accident cases, vary by state. Some states set a two-year limit; others set shorter windows for claims involving government entities as defendants, which is relevant when a crash happens on a government-maintained road or involves a government-operated vehicle.
The crash location matters for a second reason: it determines which state's law governs, which court has jurisdiction, and which rules apply to the defendant carrier if the carrier is headquartered in a different state. Intake does not need to resolve these questions on the first call, but it needs the date and location on the record so the firm can.
Takeaway: confirm the crash date and location in the first two minutes of the call and enter them in the CRM immediately, before the call ends. A crash date that is close to the applicable statute deadline should trigger an immediate attorney review, not a follow-up queue.
3. Ask whether a police report exists and collect the report number
A police report number confirms an official record of the crash exists. For commercial truck accidents, responding officers are often required to file a more detailed report than they would for a two-car collision, and some states require a specific commercial vehicle accident report when a truck above a certain weight threshold is involved.
The report number gives the firm a retrieval path for the full document, which typically includes the officer's preliminary fault assessment, driver and carrier identification, insurance information recorded at the scene, and whether any citations were issued. If the caller does not have the report number, intake can note the crash location and date so the firm can retrieve the report directly from the relevant law enforcement agency.
If no report was filed because law enforcement did not respond, that itself is a data point. Intake should note it and confirm whether the caller exchanged information with the driver directly.
Takeaway: the police report is one of the fastest ways to verify carrier identity and early fault findings. Get the report number on the first call, or flag clearly that none exists.
4. Screen for injury severity and whether the caller is still receiving medical treatment
Injury severity and active medical treatment are the two signals that most directly affect case viability in commercial truck litigation. Intake should ask what body parts were injured, whether the caller was transported by ambulance or went to the emergency room, and whether they are currently treating with a physician, specialist, or physical therapist.
"I went to urgent care once" and "I had surgery and am still in physical therapy" are both technically "treated after the crash." Intake needs enough detail to distinguish them. This is not about predicting case value on the phone; it is about giving the reviewing attorney the information to decide whether to sign.
Active treatment matters for a separate reason. A caller who stopped treating weeks ago, with no documented reason, is already presenting a defense argument before the case is even signed. That gap is covered in question nine below.
Takeaway: confirm specific injury sites, whether the caller went to the ER, and whether treatment is current. These details belong in the CRM record, not just the intake agent's notes.
5. Check for prior attorney involvement or any signed legal agreements
If a caller has already signed a retainer with another attorney, the firm cannot ethically engage without a proper release.
This question is not optional. Bar rules in every state prohibit attorneys from communicating directly with a represented party about the subject matter of the representation. If the caller has already signed with another firm and intake does not surface this, the firm is at risk of an ethics complaint before it has done anything else.
Ask directly: "Have you spoken to or hired any other attorney about this crash?" If the answer is yes, the intake team should confirm whether a retainer was signed or whether the conversation was just a consultation. A signed retainer requires a formal substitution of counsel process before the firm can proceed.
Takeaway: make this question routine and non-accusatory. Frame it as a logistics check. The answer protects the firm from an inadvertent ethics violation.
6. Identify the insurance coverage layers available on both sides
Commercial truck cases frequently involve multiple insurance policies. The FMCSA requires minimum liability coverage for carriers operating in interstate commerce, with the floor depending on the type of cargo being transported, as set out in 49 C.F.R. Part 387. Beyond that minimum, many carriers carry excess or umbrella coverage, and freight brokers may carry their own liability policies.
On the plaintiff's side, intake should confirm whether the caller has their own underinsured or uninsured motorist (UM/UIM) coverage, and whether they have medical payments (MedPay) or personal injury protection (PIP) coverage that can help offset treatment costs during the case.
Intake does not need to verify policy limits on the first call. It does need to record what insurance information the caller already has and flag whether the carrier has been identified so the firm can begin coverage verification.
Takeaway: record what the caller knows about the truck's carrier and any insurance paperwork exchanged at the scene. Even partial information accelerates the coverage investigation.
7. Ask about dash cam, ELD, or black box data and whether it has been preserved
ELD data and event data recorder records can be overwritten or destroyed within days of a crash, making evidence preservation one of the first questions intake should ask.
This is the question that separates intake teams that understand commercial truck litigation from those running a generic personal injury script. Modern commercial trucks generate multiple streams of electronic evidence: the electronic logging device (ELD) records hours of service and driving behavior under the federal mandate that took effect in 2019 for most carriers; the event data recorder (EDR), sometimes called the black box, captures speed, braking, and other pre-crash data; and dash cams, if present, may have recorded the moments before impact.
Each of these data sources has a retention window. ELD data must be retained for a minimum period under federal regulations, but that period is finite, and carriers are not obligated to retain it indefinitely. EDR data can be overwritten. Dash cam footage loops unless the device flags an event.
A spoliation letter sent to the carrier within days of the crash is the standard mechanism for triggering a preservation obligation. If the caller is contacting the firm weeks after the crash without a preservation notice having been sent, that is a risk factor the reviewing attorney needs to know about immediately.
Takeaway: ask whether anyone, including a prior attorney or the caller themselves, has sent the carrier a written preservation demand. If not, this becomes a day-one priority if the firm signs the case.
8. Collect witness contact details while memory is still accurate
Eyewitness memory degrades. Research on eyewitness reliability is well-established in the forensic psychology literature, and the practical implication for intake is straightforward: the longer the gap between the crash and the first time someone records a witness's account, the less useful that account becomes.
Intake should ask whether any other drivers, passengers in other vehicles, or bystanders witnessed the crash, whether they stopped or provided information, and whether their names appear on the police report. If the caller has contact information for any witnesses, it should be collected and entered in the CRM on the first call.
Witnesses who saw the truck run a red light, drift out of its lane, or fail to brake are among the most valuable evidence a truck accident case can have, particularly if the driver disputes fault and the black box data is ambiguous.
Takeaway: capture every witness name and phone number the caller can provide during the intake call. Do not rely on the police report alone; officers do not always record every bystander.
9. Flag any gaps in medical treatment before the case is signed
Gaps in medical treatment between the crash and the intake call are a standard defense argument used to challenge injury causation.
A defense attorney's first look at a truck accident file goes to the medical timeline. A gap between the crash date and the first medical visit, or a period of non-treatment in the middle of a recovery, is used to argue that the injuries were not as serious as claimed, or that they were caused by something other than the crash.
Intake should ask two things: when did the caller first seek medical care after the crash, and have there been any periods since then where they stopped treating? If there was a gap, intake should note the caller's explanation. Common reasons include lack of insurance, inability to take time off work, or a period where symptoms seemed to improve before worsening. These explanations do not eliminate the risk, but they contextualize it for the reviewing attorney.
A firm that signs a case without knowing about a six-week treatment gap is making a risk decision without full information. A firm that surfaces the gap at intake and still signs it has made a deliberate, informed judgment.
Takeaway: ask directly: "Was there any period between the crash and today when you were not treating?" Enter the answer, and the caller's explanation, in the CRM record.
How intake connects to the rest of the acquisition system
These nine questions only protect the firm if the intake call actually happens, and happens fast. Speed to lead is the variable most firms underestimate on commercial truck cases. A caller who submits a form on a Meta ad at 9 p.m. on a Saturday and hears from intake Monday morning has had 36 hours to call two other firms.
The intake call is also where the CRM automation does its most important work. Every answer to these nine questions needs a structured field in the case record, not a freeform note. Structured fields allow the firm to filter its signed cases by crash date, injury type, or evidence status, and to send the signed case back to Meta as an offline conversion event, which tells the platform to find more callers who look like the ones who signed.
A qualifying landing page ahead of the intake call can surface the first two or three of these questions before intake ever picks up the phone. Injury severity, crash date, and vehicle type can be collected on the page, which means the intake agent enters the call with context, not a blank screen.
For law firms running truck accident campaigns, the full picture of how ads, pages, intake, CRM, and conversion tracking connect is what determines cost per signed case, not the ad alone.
Book a free Case Acquisition Review to see how the system is built for commercial truck cases specifically.
Frequently Asked Questions
What questions should intake ask for a truck accident case?
Intake should confirm the vehicle was a commercial truck and identify the carrier, establish the crash date and location to check filing deadlines, ask for the police report number, screen for injury severity and current treatment, check for prior attorney involvement, identify available insurance layers, ask whether ELD or black box data has been preserved, collect witness contact information, and flag any gaps in medical treatment. These nine questions give the reviewing attorney the information needed to make a sign or decline decision on the first call.
How do you qualify a trucking accident lead?
A truck accident lead qualifies when the vehicle involved was a commercially operated truck, the crash is within the applicable statute of limitations, the caller has documented injuries and is actively treating, no prior attorney has been retained, and there is identifiable insurance coverage. Evidence factors, particularly whether ELD data and black box records are still intact, also affect qualification because they determine how strongly liability can be established.
What makes a truck accident case worth taking?
The key factors are carrier liability under federal motor carrier regulations, injury severity documented by medical records, available insurance coverage layers including the carrier's primary and any excess policies, the existence of electronic evidence such as ELD data and event data recorder records, and the absence of significant treatment gaps. A case with clear carrier fault, serious injuries, active treatment, and preserved electronic evidence is a strong candidate. A case with a missed statute deadline or a caller who already signed elsewhere is not.
How fast should intake respond to a truck accident lead?
Intake should respond to a truck accident lead as quickly as possible after the initial contact. Commercial truck cases attract multiple firms, and callers who submit a form or request a callback often contact more than one firm simultaneously. An after-hours or weekend AI response system that acknowledges the lead immediately, followed by a structured intake call during business hours, reduces the risk of losing the caller to a firm that simply responded first.
Why does it matter whether a police report was filed?
The police report for a commercial truck accident typically records the carrier's identity, the driver's information, preliminary fault findings, and whether citations were issued. In some states, a separate commercial vehicle accident report is required when the truck exceeds a certain weight threshold. This document is often the fastest way to verify carrier identity and retrieve insurance information, and it is available to the firm without waiting for the caller to gather paperwork.
What is an ELD and why does it matter for truck accident intake?
An ELD, or electronic logging device, is a federally mandated device installed in commercial trucks that records hours of service compliance, driving time, and vehicle movement data. Under the FMCSA's ELD mandate, most commercial carriers operating in interstate commerce were required to use ELDs by a phased deadline. In a crash case, ELD data can show whether the driver was operating within legal hours-of-service limits at the time of impact. This data has a limited retention window and can be overwritten, which is why intake must ask about preservation on the first call.
What happens if the caller stopped treating after the accident?
A gap in medical treatment is a documented defense argument. Defense attorneys use treatment gaps to argue that the injury was not as serious as alleged, or that subsequent pain was caused by something other than the crash. Intake should ask about any treatment gaps and record the caller's explanation. The reviewing attorney can then assess whether the gap, and its explanation, affects the firm's decision to sign the case.
Should intake ask about UM/UIM coverage on a truck accident call?
Yes. Underinsured motorist (UIM) coverage on the caller's own policy can be relevant in cases where the carrier's primary liability policy is insufficient to cover damages, or where the carrier's insurer is actively disputing coverage. Intake should ask whether the caller has their own auto insurance and whether they know if it includes UM or UIM coverage. Medical payments (MedPay) and personal injury protection (PIP) coverage, where available under state law, can also be used to help manage treatment costs during the case.
Can a qualifying landing page replace the intake call for truck accident leads?
A qualifying page can collect initial information before the intake call, which makes the call more efficient. Crash date, injury type, and vehicle type are well-suited for page-level collection. However, a qualifying page cannot replace the intake call for commercial truck cases. The nuances of carrier identity, evidence preservation status, treatment gaps, and prior attorney involvement require a trained intake agent asking follow-up questions in real time.