Guam · 7 min read · Published May 2025
What to Do After a Truck Accident on Guam?
Truck accidents on Guam are uniquely complex. Commercial carriers must comply with FMCSA federal regulations, military trucks trigger the Federal Tort Claims Act, and critical evidence like black box data can vanish within 30 days. This guide tells you exactly what to do — and what not to do — after a truck accident on Guam.
Step 1: Call GPD and Get a Crash Report
Call the Guam Police Department (GPD) immediately. A police crash report is essential evidence — it documents the truck's DOT number, carrier name, license plate, driver's license, and initial fault determination. Request the GPD crash report number at the scene and obtain the full report from GPD's Traffic Division within days. If a military vehicle was involved, also note the unit and base information.
Step 2: Document the Scene Before It's Cleared
Use your phone to photograph everything: all vehicles from multiple angles, the truck's DOT number and carrier name on the door, cargo condition, road conditions on Route 1 or wherever the accident occurred, skid marks, traffic signals, and any visible FMCSA violation stickers. Truck accident scenes are cleared quickly — this evidence cannot be recreated. If there are witnesses, get their names and contact information immediately.
Step 3: Preserve Black Box and ELD Data Immediately
Commercial trucks have an Electronic Control Module (ECM or 'black box') that records speed, braking, engine RPM, and other critical data. This data can be overwritten within 30 days. Your attorney must send a litigation hold letter to the carrier immediately to preserve this evidence. ELD (electronic logging device) logs showing driver hours-of-service violations are equally critical and must be preserved. Do not wait — contact an attorney the same day.
Step 4: Understand Who Is Liable
Guam truck accidents often involve multiple liable parties: the truck driver (fatigue, distraction, intoxication), the trucking company (negligent hiring, inadequate maintenance, FMCSA violations), the cargo loader (improper loading causing rollover or spill), and sometimes GovGuam or the U.S. military. If a military truck caused your accident, the Federal Tort Claims Act (FTCA) applies — you must file an administrative claim with the relevant military branch before you can sue in federal court. If a GovGuam truck was involved, you must file a government tort claim within 18 months (5 GCA § 6106).
Step 5: Know Your Deadlines Under Guam Law
Guam's general personal injury statute of limitations is 2 years from the accident date (7 GCA § 11306(a)). However, critical exceptions apply: GovGuam vehicle accidents require a government tort claim notice within 18 months (5 GCA § 6106); FTCA claims against the military require an administrative claim within 2 years, but the 6-month agency response period means you must act well before the 2-year mark. Evidence deadlines are even shorter — black box data in 30 days, surveillance footage in 30–60 days. Contact an attorney immediately.
Key Takeaways
- Call GPD immediately and get the crash report number
- Black box (ECM) data can be overwritten in 30 days — an attorney must send a hold letter fast
- Military truck accidents require FTCA administrative claims before you can sue
- GovGuam truck accidents require a 18-month administrative claim requirement (5 GCA § 6106)
- FMCSA violations (hours-of-service, ELD, inspection failures) are powerful evidence of negligence
- Guam's general SOL is 2 years, but government claim deadlines are much shorter
Frequently Asked Questions
How long do I have to file a truck accident claim on Guam?
The general statute of limitations is 2 years from the accident date (7 GCA § 11306(a)). But if a GovGuam vehicle was involved, you must file a government tort claim within 18 months (5 GCA § 6106). Military vehicle (FTCA) claims require an administrative claim within 2 years, but you should act immediately because the process is long. Evidence like black box data disappears in 30 days — do not wait.
What is the FTCA and how does it affect my Guam truck accident claim?
The Federal Tort Claims Act (FTCA) governs accidents caused by U.S. military vehicles on Guam. You cannot sue the military directly — you must first file an administrative claim with the relevant military branch (Army, Navy, Air Force, Marines). The agency has 6 months to respond. Only after a denial or non-response can you file a federal lawsuit. These cases require attorneys with FTCA experience.
Are FMCSA regulations enforced on Guam?
Yes. Commercial trucks on Guam must comply with FMCSA federal regulations including hours-of-service limits, ELD requirements, and vehicle inspection standards. Guam's commercial vehicle enforcement is handled by GPD's Traffic Division and the Department of Public Works. FMCSA violations are powerful evidence of negligence in your truck accident case.
What damages can I recover after a Guam truck accident?
You can recover medical expenses (current and future), lost wages and earning capacity, pain and suffering, property damage, and in cases involving reckless or intoxicated drivers, punitive damages. Commercial trucks carry much higher insurance policy limits than personal vehicles — we pursue every available source of recovery including the driver, carrier, cargo loader, and any government entities.