California Truck Accident Attorneys

On the surface, a truck crash and a car crash look similar: someone was careless, and someone got hurt. Underneath, truck cases work differently in a few important ways.

• More than one party may be at fault. The driver, the trucking company, the cargo loader, a maintenance shop, and even a parts manufacturer can all share the blame.
• Federal and state safety rules apply. Commercial trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA) and the California Highway Patrol. Rule violations can be powerful evidence of negligence.
• The evidence is different. Electronic logging devices, engine data, maintenance files, and driver records can show exactly what happened, but only if they’re preserved in time.
• The insurance is bigger, and so is the fight. Commercial carriers carry far higher insurance limits than drivers of passenger cars, and their insurers defend these claims aggressively.

Figuring out who is responsible is the foundation of every truck accident case. Here are the parties we investigate:

The Truck Driver

Drivers can be liable for speeding, distracted driving, fatigue, impairment, unsafe lane changes, failing to check blind spots, or ignoring hours-of-service limits. In California, trucks with three or more axles and vehicles towing trailers are generally limited to 55 mph, even where cars can go faster.

The Trucking Company (Motor Carrier)

Under California law, employers are generally responsible for the negligence of employees acting within the scope of their jobs. A carrier can also be directly liable for its own failures, such as:

• Hiring a driver with a poor safety record or an invalid license or medical certificate
• Failing to train or supervise drivers
• Pushing drivers to meet schedules that require breaking hours-of-service rules
• Skipping required inspections, maintenance, or drug and alcohol testing

Even when the driver is an owner-operator rather than an employee, the carrier whose operating authority the truck runs under may still be responsible. Trucking companies often use the “independent contractor” label to dodge liability, and we look closely at those arrangements.

The Truck or Trailer Owner

Sometimes the tractor, the trailer, and the driver’s employer are three different companies. A leasing company or trailer owner that fails to keep equipment in safe condition can share responsibility.

The Cargo Loader or Shipper

Federal rules set strict standards for securing cargo. An overloaded trailer or a load that shifts in transit can cause rollovers, jackknifes, and spilled cargo. The company that loaded the truck may be liable even if it never touched the steering wheel.

Maintenance and Repair Companies

Many carriers outsource maintenance. If a third-party shop did a negligent brake job or missed worn tires during an inspection, that shop can be held accountable.

Truck and Parts Manufacturers

Defective brakes, tires, steering components, or underride guards can cause or worsen a crash. These claims fall under product liability law and usually require detailed engineering analysis.

Government Agencies

If a dangerous road design, missing signage, or poorly maintained road contributed to the crash, a public agency may share responsibility. These claims have a much shorter deadline: a written claim generally must be filed within six months.

Commercial trucks are among the most heavily regulated vehicles on the road. When a driver or carrier breaks a safety rule designed to prevent the kind of crash that happened, California law can presume negligence. These are the rules we check first:

• Hours of service. Under federal rules, interstate truck drivers can drive no more than 11 hours after 10 consecutive hours off duty, can’t drive past the 14th hour after coming on duty, must take a 30-minute break after 8 cumulative hours of driving, and can’t drive after 60 or 70 on-duty hours in 7 or 8 days. Drivers hauling loads only within California follow state rules, which allow up to 12 hours of driving within a 16-hour on-duty window.
• Electronic logging devices (ELDs). Most commercial drivers must record their hours on an ELD, which automatically tracks driving time, location, and engine hours. This makes it much harder to hide hours-of-service violations.
• Driver qualifications. Carriers must confirm each driver holds a valid commercial driver’s license and medical certificate, check driving history, and keep a driver qualification file.
• Drug and alcohol testing. Carriers must run pre-employment and random testing, and federal rules generally require post-accident testing after a fatal crash or after certain injury and tow-away crashes when the driver is cited.
• Inspection and maintenance. Carriers must systematically inspect, repair, and maintain their trucks. Drivers must complete inspection reports, and every truck needs a periodic inspection.
• Cargo securement and weight. Loads must be secured to prevent shifting or falling, and trucks must stay within weight limits.
• Phone use. Commercial drivers are prohibited from texting and from using hand-held phones while driving.
• Insurance minimums. Interstate for-hire carriers hauling general freight must carry at least $750,000 in liability coverage. The minimum rises to $1 million for oil and many hazardous materials, and $5 million for certain hazardous loads.

Unsure if you have a case? Let’s talk. It’s free. Call Johnson Attorneys Group at 1 (800) 208-3538.

Truck accident cases are often won or lost on evidence the victim can’t see and doesn’t control. Much of it sits with the trucking company, and federal rules only require carriers to keep some records for a limited time. Some electronic data can be overwritten as soon as the truck goes back on the road.

Here’s the evidence we move to secure:

• ELD and hours-of-service records. Carriers only have to keep drivers’ records of duty status and supporting documents for six months. These records can show whether the driver was over hours or falsified logs.
• Black box (ECM/EDR) data. A truck’s engine control module and event data recorder can capture speed, braking, throttle, and cruise control status in the moments before impact. This data can be lost or overwritten if the truck keeps operating.
• Maintenance and inspection records. Carriers must keep maintenance files for one year and for six months after a vehicle leaves their control. Driver vehicle inspection reports only have to be kept for three months.
• Driver qualification file. The driver’s application, driving record, prior employment checks, and medical certification.
• Drug and alcohol test results. Post-accident test results and the carrier’s testing history for the driver.
• Dispatch, GPS, and telematics data. Messages and route data can reveal schedule pressure or unsafe instructions.
• Dashcam and nearby video. Many trucks have forward- and driver-facing cameras, and nearby businesses may have footage that’s recorded over within days.
• Cargo documents. Bills of lading, weight tickets, and loading records can show overloading or improper securement.
• The truck itself. A physical inspection of the brakes, tires, lights, and other components before repairs.

When you hire Johnson Attorneys Group, we send preservation letters to the trucking company and other parties right away, demanding that they keep this evidence. If necessary, we seek court orders to protect it. We also work with accident reconstruction experts, engineers, and data specialists to download and interpret the truck’s electronic records.

Every case is different, but these results show what’s possible when a case is built carefully:

• $1,250,000: client struck from behind by a commercial company’s vehicle, causing a lower back injury that required surgery
• $1,000,000: client struck from behind by a semi after their vehicle broke down on the highway, causing a brain injury
• $975,000: client hit by a commercially operated vehicle whose driver ran a red light
• $893,253: tractor-trailer failed to slow down and caused a four-vehicle collision
• $710,000: truck drifted into another truck, which crossed into oncoming traffic and struck the client’s car

Past results do not guarantee a similar outcome. Every case depends on its own facts.

See more of our case results

What Compensation Can You Recover After a Truck Accident?

Truck accident injuries are often severe and long-lasting, so it’s important to account for future losses, not just the bills you have today. Compensation can include:

• Medical expenses, including emergency care, surgery, rehabilitation, and future treatment
• Lost income and reduced earning capacity if you can’t return to the same work
• Pain, suffering, and emotional distress
• Property damage to your vehicle and belongings
• Wrongful death damages for families, including funeral costs and loss of financial support and companionship

In rare cases involving malicious or reckless conduct, such as a carrier knowingly putting a dangerous driver on the road, California law also allows punitive damages. These require clear and convincing evidence.

We handle all types of serious truck crash injuries, including traumatic brain injuries, spinal cord injuries, burns, and wrongful death.

• Get medical care. Call 911 and get checked out, even if you feel okay. Some injuries take days to show up.
• Call the police. Make sure an officer or the CHP writes a report, and get the report number.
• Photograph the truck. Capture the company name, the USDOT number on the cab door, the trailer number, and the license plates, along with the scene and your injuries.
• Get witness information. Names and phone numbers of anyone who saw the crash.
• Don’t talk to the trucking company’s insurer. Don’t give a recorded statement or sign anything before you speak with a lawyer.
• Call a truck accident lawyer quickly. The sooner preservation letters go out, the better the chance of saving ELD data, black box data, and video.

Most truck accident injury lawsuits must be filed within two years of the crash under California Code of Civil Procedure section 335.1. Wrongful death claims generally have two years from the date of death. If a government agency or public vehicle is involved, you usually must file a written claim within six months. Don’t wait until the deadline, though. Critical trucking evidence can be gone within months.

Often, yes. Carriers frequently call drivers independent contractors to limit their liability, but that label doesn’t settle the question. The carrier whose operating authority the truck was running under may still be responsible, and the company can also be directly liable for its own negligence in hiring, training, or maintenance. We review the lease agreements and operating records to find every source of recovery.

Federal rules only require carriers to keep drivers’ records of duty status and supporting documents for six months. Some driver inspection reports only have to be kept for three months, and black box data can be overwritten even sooner. That’s why we send preservation letters as soon as we take a case.

Interstate for-hire carriers hauling general freight must carry at least $750,000 in liability coverage. The minimum is $1 million for oil and many hazardous materials and $5 million for certain hazardous loads. Many carriers carry more than the minimum, and other liable parties may have their own coverage.

You can still recover compensation. California follows pure comparative fault, so your award is reduced by your share of the blame, but not eliminated. Trucking insurers often try to shift blame onto the car driver, so it’s important to have the evidence to push back.