A truck accident claim in California involves investigating the crash, identifying who may be responsible and documenting the injuries and losses before pursuing compensation. These cases can involve several companies and insurers, federal rules governing driving hours and truck maintenance, and trucking records that need to be preserved quickly. Here’s what the process generally involves and why each step matters.
What sets truck accident claims apart?
Like other personal injury cases, truck accident claims seek to hold responsible parties accountable for the harm their carelessness causes. But a crash involving a semi, box truck, delivery truck or dump truck can make the claim more complex than a typical car accident case.
Three things set a commercial truck accident claim apart. More parties may share responsibility, including the driver and the companies behind the truck. Federal rules govern driving hours and truck maintenance, which can become important when investigating the crash. Finally, the trucking company holds many of the key records, and it may keep some for only a few months. Preserving those records quickly can help protect evidence needed for the claim.
Who can be responsible after a truck crash in California?
Several parties can be responsible after a truck crash in California, not just the driver. Depending on the facts, responsibility may extend to the trucking company, the owner of the truck or trailer, the company that loaded the cargo, a repair shop or a parts maker. Each one may have separate insurance coverage, so finding all of them matters.
Possible responsible parties include:
- Driver: speeding, distraction, fatigue or an unsafe lane change
- Trucking company: its driver’s conduct on the job, poor hiring or training, or schedules that push drivers past legal limits
- Truck or trailer owner: when someone other than the carrier owns the equipment and fails to address known safety defects
- Shipper or loader: overloaded or poorly secured cargo
- Maintenance company: faulty brake, tire or lighting work
- Manufacturer: a defective part such as brakes or tires
A Los Angeles truck accident attorney can trace each company tied to the truck and the coverage that may apply.
What evidence matters in a truck accident claim?
The most important evidence in a truck accident claim is often in the trucking company’s hands. That includes driver logs, electronic logging device data, engine data, and inspection and maintenance files. Because carriers may keep some of these records for only months, an early written request to preserve them can make a real difference.
Key evidence includes:
- Hours records. Federal rules generally require drivers to log their hours on an electronic logging device (ELD). Under 49 CFR 395.8, the carrier must keep these records for at least six months.
- Engine data. A truck’s engine control module may store speed and braking data from the moments before impact.
- Maintenance files. Under 49 CFR Part 396, carriers must inspect, repair and maintain their trucks and keep records of that work. They may keep daily driver inspection reports for only three months.
- Video. Dashcams and nearby business cameras may help, but many systems record over old video within days.
- Crash report. CHP officers usually handle crashes on freeways such as the 101 and 405, while LAPD handles most crashes on Los Angeles city streets.
- Your own records, such as photos, witness names and medical records.
A preservation letter tells the trucking company, in writing, to keep specific evidence. It should go out before routine retention periods end.
How do federal trucking rules affect fault?
Federal trucking rules set safety standards, and a violation may support a finding of fault. For example, a driver who exceeded the hours-of-service limits, or a carrier that ignored a known brake defect, may have acted carelessly. Still, a violation is not automatic proof. It has to connect to how the crash happened.
The Federal Motor Carrier Safety Administration sets hours-of-service limits for drivers who haul property. In plain terms, a driver:
- may drive up to 11 hours after 10 consecutive hours off duty;
- may not drive past the 14th hour after coming on duty;
- must take a 30-minute break after 8 total hours of driving.
Logs that show a driver over these limits may point to fatigue. Likewise, skipped inspections or unrepaired defects may point to the carrier. However, the other side may argue the violation had nothing to do with the crash. That is why a careful review compares logs with engine data, the crash report and witness accounts.
What if you were partly at fault?
You may still bring a claim if you were partly at fault. California follows pure comparative negligence, a rule the state Supreme Court adopted in Li v. Yellow Cab Co. (1975). Your share of fault reduces your damages, but it does not bar them. For example, a finding of 20 percent fault reduces your damages by 20 percent.
After a truck crash, the other side may argue that you cut off the truck or stayed in its blind spot. Those arguments can shift the percentages, so the evidence above matters. Also, an adjuster’s first estimate of fault is only an opinion.
What happens after the crash investigation?
Your attorney documents your injuries and losses, identifies available insurance coverage and presents a demand for compensation. Medical records, bills and proof of missed work help support that demand. The insurer may respond with an offer, dispute responsibility or request more information.
Negotiations may lead to a settlement. If an agreement cannot be reached, or a filing deadline is approaching, your attorney may file a lawsuit. Both sides can then obtain evidence through discovery. Settlement discussions can continue during the lawsuit, and unresolved issues may go to trial.
How long do you have to file after a truck crash in California?
In California, you generally have two years from the date of injury to file a personal injury lawsuit, under Code of Civil Procedure section 335.1. A family’s wrongful death suit generally has the same two-year limit. If a government agency owned the truck, a much shorter deadline applies.
Under Government Code section 911.2, you must generally present a written claim to a public entity within six months of an injury or death. That rule can apply to a city trash truck, a county work truck or a state maintenance vehicle. So find out who owned the truck right away.
Frequently Asked Questions
Is a truck accident claim different from a car accident claim?
Yes. Truck claims follow the same basic fault rules, but they often involve more companies, federal safety requirements, and evidence controlled by the trucking company.
What if the truck driver was an independent contractor?
The trucking company may still be responsible. Calling a driver an independent contractor does not settle who answers for the crash. Under federal leasing rules in 49 CFR 376.12, a lease must give the carrier exclusive possession, control and use of the truck. It must also make the carrier fully responsible for operating it during the lease. The contracts and who controlled the work may also matter.
Can the trucking company’s adjuster call me?
Yes. An adjuster working for the trucking company or its insurer may call you soon after the crash, sometimes while you are still in treatment. You do not have to give that adjuster a recorded statement. The other side may use anything you say to argue about fault or your injuries. Instead, you can politely decline and refer the call to your lawyer.
How long does a truck accident claim take?
It varies, and no one can promise a timeline. A claim with clear fault and finished medical treatment may move faster than one with several companies, disputed logs or ongoing care. Many claims wait until doctors have a clear picture of recovery. If a lawsuit goes forward in Los Angeles Superior Court, the court calendar adds more time.
Talk to Viciti Law About Your Truck Crash
If you or a family member was hurt in a crash with a commercial truck, Viciti Law offers a free consultation. The firm can review the crash report, send preservation letters and explain your options.
Call (310) 919-5011, visit the office on Ventura Boulevard in Sherman Oaks, or contact Viciti Law online. The team speaks English, Spanish and Russian, and it takes each and every case personally.
Past results do not guarantee a similar outcome. This article provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising.
