Truck Accidents
Attorney in California

Most catastrophic truck accident type — passenger vehicle strikes or is struck by the trailer, often resulting in fatal under-ride or roof crush. Under-ride guards (federal Mansfield bar) are required but frequently defective or missing.

Caused by improper braking, excessive speed in curves, shifted cargo, or driver fatigue. Often produce multi-vehicle pile-ups. Evidence preservation (skid marks, scene photographs, ELD data) is critical within the first 30 days.

Commercial trucks have substantial blind spots (no-zones); FMCSR requires drivers to use mirrors and signals before lane changes. Many lane-change accidents involve driver failure to clear the blind spot despite mirror requirements.

Shifted loads, falling cargo, and over-weight vehicles. Cargo securement violations under 49 CFR § 393 create liability for the shipper (Klein doctrine) in addition to the motor carrier and driver.

Driver fatigue from HOS violations. ELD logs subpoenaed early establish the driver's hours worked, breaks taken, and any falsified logs. HOS violations create strong negligence per se cases.

FMCSR requires post-accident drug/alcohol testing within strict timelines. Failed tests, missed tests, or prior failed tests create powerful liability cases and frequently support punitive damages under Civ § 3294.

Brake failures, tire blowouts, steering failures, lighting failures. Pre-trip inspection records, DOT inspection history, and maintenance logs establish the carrier's pattern of equipment neglect.

Federal regulations governing commercial trucks engaged in interstate commerce. Cover driver qualifications, hours of service, drug/alcohol testing, vehicle maintenance, cargo securement, and electronic logging. Violations are negligence per se evidence in California courts.

Drivers limited to 11 hours of driving within a 14-hour duty period, with mandatory rest breaks. ELD logs (mandatory since 2017) track compliance. HOS violations establish driver fatigue claims.

Federal standards for securing cargo. Violations create liability for the shipper (under the Klein doctrine) in addition to the motor carrier — expanding the available coverage.

Standard California PI statute of limitations applies to truck accident claims. Government claims (against highway agencies, public transit) require 6-month administrative claim under Gov § 911.2.

Pure comparative negligence applies. Each defendant (driver, motor carrier, shipper, broker, manufacturer) is liable for its share of fault. Joint defendants are severally liable for non-economic damages.

Trucking companies frequently classify drivers as independent contractors to avoid respondeat superior liability. The Borello control-based test and California's AB 5 ABC test usually classify truck drivers as employees regardless of contractual labels.

Soft-tissue injuries with full recovery. Settlement covers medical bills, lost wages, and pain/suffering. Most cases at this severity settle within 6-12 months.

Disc herniation requiring fusion, rotator cuff surgery, ACL reconstruction. Commercial liability policies typically support full damage recovery without coverage gaps.

Cargo securement violations, broker liability, or shipper negligence add layers of coverage. Total recoveries often exceed any single defendant's policy limits.

Spinal cord, severe TBI, amputation. Life-care plans, future medical costs, and permanent earning capacity loss drive recoveries above $5M when liability is established.

Surviving heirs recover under CCP § 377.60 — economic losses plus non-economic damages. Multi-defendant exposure and higher commercial policy limits drive fatal truck cases above most fatal auto cases.

Driver impairment, falsified HOS logs, ignored safety violations, and prior accident history support punitive damages under Civ § 3294. Frequently double or triple total recovery.

California's Borello control-based test and AB 5 ABC test almost always classify commercial truck drivers as employees regardless of contractual labels. Most independent contractor defenses fail under current California law.

Send spoliation letters within 24 hours of retainer. When evidence is deleted after notice, California courts impose spoliation sanctions (adverse inference jury instructions, evidence exclusion, monetary sanctions) that often determine case outcome.

Document driver and carrier fault through ELD data, dash-cam footage, dispatch records, and reconstruction experts. Many 'sudden lane change' or 'cut off' defenses fail when ELD speed and braking data show driver inattention.

Refuse confidentiality that prevents future plaintiffs from learning the carrier's safety history. Public settlement information often supports punitive damages in future cases against repeat-offender carriers.

ELDs are federally mandated and tamper-resistant. ELD data is corroborated by GPS records, weigh station data, and dispatch records. 'System error' defenses rarely survive cross-examination of the carrier's safety director.

Refuse early evaluation until full discovery is complete. Carrier safety records, prior accidents, BASIC scores, and driver qualification files often establish patterns that dramatically increase case value.