A crash with a semi, delivery truck or other commercial vehicle is nothing like a typical fender bender. The vehicles are heavier, the injuries are often worse, and the other side usually has a trucking company and an insurer ready to protect their interests within hours. If you were hurt, the choices you make in the first days can affect your claim for years.
This guide explains how truck accident claims work in California, who can be held responsible, what evidence matters, and how to choose a truck accident lawyer. It is general information and not legal advice for your situation.
Why truck accident cases are different
A loaded tractor-trailer can weigh up to 80,000 pounds. A passenger car weighs a small fraction of that, so the force in a collision falls on the person in the smaller vehicle. Brain injuries, spinal cord damage, broken bones, burns and amputations are all common in serious truck crashes.
The legal side is also more complicated. Trucking companies must follow federal safety rules on driver hours, vehicle maintenance, cargo loading and drug testing. When a rule is broken, it can help prove who was at fault. But the companies and their insurers know this, and they often move quickly to control the story.
What to do after a truck accident
- Call 911 and get medical care right away. Some injuries do not show up until later, and a medical record connects them to the crash.
- Move to safety if you can, and take photos of the scene, all vehicles, skid marks, road signs and your injuries.
- Write down the truck’s company name, the USDOT number on the door, the license plate and the driver’s name. Get contact details for any witnesses.
- Do not apologize or guess about what caused the crash. Stick to the facts when you speak with police.
- Do not sign anything or give a recorded statement to the trucking company’s insurer before you have talked to a lawyer.
- Report the crash to the California DMV if required. In general, this applies when someone was hurt or killed, or when property damage passed $1,000, and the deadline is 10 days.
- Contact a truck accident lawyer quickly. Important records can be lost or overwritten if no one asks for them to be saved.
Who can be held responsible
In a car crash there is usually one other driver to look at. In a truck crash, several parties may share the blame:
- The truck driver, for speeding, distraction, fatigue or impaired driving
- The trucking company, for pressuring drivers, poor hiring, weak training or skipped maintenance
- The owner of the truck or trailer, if it is not the same as the carrier
- A cargo loading company, if freight was overloaded or not secured properly
- A maintenance shop or parts maker, if brakes, tires or other equipment failed
- A government agency, if a dangerous road condition played a part
Finding every responsible party matters because it can open up more insurance coverage. Federal rules set a minimum of $750,000 in liability coverage for many interstate carriers hauling general freight, and higher limits apply to hazardous cargo. A serious injury can cost far more than a small policy would pay.
Evidence that can make or break a truck claim
Much of the proof in a truck case is in the hands of the company, not you. A lawyer can send a preservation letter that demands the company keep records, and can push for them in court if needed. Key items include:
- Driver logs and electronic logging device data showing hours on the road
- Data from the truck’s engine control module, sometimes called the black box
- Maintenance and inspection records
- The driver’s hiring file, training records and drug and alcohol test results
- Dashcam footage, GPS data and dispatch messages
- Cargo and weight records, including bills of lading
Federal hours of service rules limit how long a driver may be behind the wheel, including a cap of 11 hours of driving after 10 hours off duty. Logs that do not add up can point to fatigue, which is one of the best known causes of serious truck crashes.
Common causes of truck crashes
Fatigue and hours of service violations are at the top of the list. Others include speeding, distracted driving, drunk or drugged driving, bad maintenance, worn tires, overloaded or unbalanced cargo, and wide turns or blind spots that put nearby cars at risk. In the Los Angeles area, heavy freight traffic linked to the ports and warehouses fills the freeways, so large trucks share the road with commuters all day.
What compensation can cover
A truck accident claim seeks to cover the full cost of what happened to you. Depending on the case, that can include medical bills now and in the future, lost income, lost ability to work, rehabilitation, home or vehicle changes, property damage, and pain and suffering. If a loved one died, family members may be able to bring a wrongful death claim. No honest lawyer will promise a result before reviewing the facts.
California deadlines and rules to know
You generally have two years from the date of the injury to file a personal injury lawsuit in California, and three years for property damage. Wrongful death claims are also generally two years. If a city, county or other public agency may be partly to blame, a claim may need to be filed in as little as six months.
California also uses comparative fault. If a court finds you were partly responsible, your compensation is reduced by your percentage of blame, but you can still recover the rest. Trucking companies often try to shift blame to the other driver, so having your own evidence matters.
How to choose a truck accident lawyer
Many firms handle car crashes. Truck cases need more resources and a different approach, so ask:
- Have you handled claims against trucking companies and their insurers, and what happened?
- Will you act quickly to preserve evidence such as logs and black box data?
- Do you work with accident reconstruction, medical and financial experts?
- Who will handle my case day to day, and how will you keep me updated?
- How do your fees work? Most injury lawyers charge on contingency, so you pay nothing unless money is recovered.
A good lawyer will explain the process in plain language and will not pressure you to sign on the first call.
Working with the Law Offices of Mark Murad
The Law Offices of Mark Murad represents people hurt in accidents across Pasadena, Glendale, Los Angeles and the San Gabriel Valley, with offices in Pasadena, Glendale, Los Angeles and Ontario. You can read more about the firm and Mark Murad before you call.
Our Pasadena truck accident attorney page explains how we handle semi truck and other commercial vehicle claims. If your crash happened in the city, our Los Angeles truck accident lawyer page and our guide to legal help after a semi truck crash in Los Angeles go into more detail. Clients in Glendale can read our Glendale truck accident lawyer guide.
Hurt in a smaller vehicle collision instead? See our car accident lawyers, or learn about our full range of work as a personal injury attorney in Pasadena, CA. Consultations are free, and you owe no fee unless we win.
Frequently asked questions
How much does a truck accident lawyer cost?
Most work on contingency. At the Law Offices of Mark Murad, the first consultation is free and there is no fee unless we recover money for you. Ask any firm to explain costs in writing before you sign.
How long do I have to file a truck accident claim in California?
Usually two years for injuries and three years for property damage. Claims against a government agency can have a much shorter deadline, so speak to a lawyer as soon as you can.
Does a delivery truck crash count as a truck accident?
Often yes. Box trucks, delivery vehicles, dump trucks and tractor-trailers can all lead to claims against the driver and the company behind them.
What if the truck driver says it was my fault?
Do not argue at the scene. Gather evidence and speak to a lawyer. California reduces compensation by your share of blame rather than barring your claim, so partial fault does not automatically end it.
Should I talk to the trucking company’s insurance adjuster?
Be careful. Adjusters may sound friendly, but their job is to limit what the company pays. Speak with a lawyer before giving a recorded statement or accepting any offer.
Talk to a truck accident lawyer today
If a truck crash left you hurt, do not wait for the other side to tell you what your claim is worth. Call the Law Offices of Mark Murad at (626) 388-1521 or visit our Pasadena page to schedule a free consultation. We will listen, explain your options and tell you honestly whether we can help.