Truck accident attorneys · Serving all of California
California Truck Accident Lawyer
A big-rig crash is a different kind of case. Federal safety rules, company records and several insurers all come into play. Attorney Steven D. Green moves fast to lock down the evidence, explains every rule that applies and offers a free case review.
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Key Takeaways
- Commercial truck drivers must follow federal hours-of-service limits: no more than 11 hours of driving within a 14-hour window, after 10 hours off duty.
- Truck drivers face federal drug and alcohol testing, including testing after many serious crashes, and a 0.04 alcohol limit.
- The trucking company is generally responsible for an employee driver's negligence on the job, and other companies may share fault.
- Electronic logs only have to be kept for six months, so a preservation letter should go out right away.
- Most for-hire interstate carriers must carry at least $750,000 in liability coverage, and several insurers may be involved.
- You usually have two years to file an injury lawsuit, but only six months for a claim against a public agency.
Why truck accident cases are different
Commercial trucks are far larger and heavier than passenger cars, so even low-speed impacts can cause serious harm. These cases also involve federal safety regulations, company records that must be preserved quickly, more than one possible defendant and larger insurance policies. Each of those changes how the claim is built.
Common injuries in big-rig crashes include head and neck injuries, back and spinal cord injuries, whiplash and other soft-tissue injuries, broken bones, crush injuries, chest and collarbone injuries, traumatic amputation and paralysis. Some of these do not show their full effect until weeks or months later.
Trucking companies also have their own reasons to fight. A clean safety record matters to their business, so they often move quickly to shift blame onto the other driver. Their insurers and investigators may reach the scene before you leave the hospital.
Federal trucking rules that matter to your claim
The Federal Motor Carrier Safety Regulations limit how long truck drivers can drive, require electronic logs, set drug and alcohol testing rules, and require systematic inspection and maintenance. When a driver or carrier breaks these rules, the violation can be strong evidence of negligence.
Hours-of-service limits for property-carrying drivers
| Rule | What it requires |
|---|---|
| 10 hours off | A driver may not start driving without first taking 10 consecutive hours off duty. |
| 14-hour window | No driving after 14 consecutive hours from coming on duty. |
| 11 hours of driving | No more than 11 hours of driving within that 14-hour window. |
| 30-minute break | A 30-minute break is required after 8 cumulative hours of driving, with limited short-haul exceptions. |
| 60/70-hour limit | No driving after 60 on-duty hours in 7 days, or 70 hours in 8 days if the carrier runs every day. |
| 34-hour restart | The 7- or 8-day period can restart after 34 or more consecutive hours off duty. |
Source: 49 CFR 395.3. Bus and passenger-carrier drivers follow different limits.
Most carriers must record each driver's duty status on an electronic logging device, or ELD 49 CFR 395.8(a). A fatigued driver who stayed on the road past these limits is a common thread in serious truck crashes, and the ELD shows exactly when the driver was behind the wheel.
Drug and alcohol testing
Federal rules bar a truck driver from performing safety-sensitive work with an alcohol concentration of 0.04 or more 49 CFR 382.201. California sets the same 0.04 limit for driving a commercial vehicle Veh. Code 23152(d). Carriers must run pre-employment drug tests 49 CFR 382.301 and random testing 49 CFR 382.305.
After a crash that kills someone, the carrier must test its surviving driver for alcohol and drugs. Testing is also required when the driver gets a moving-violation citation and someone was treated away from the scene or a vehicle had to be towed 49 CFR 382.303. The alcohol test must happen within 8 hours and the drug test within 32 hours. If it does not, the carrier must document why. A missing test is itself a question we ask.
Maintenance and driver qualification
Carriers must systematically inspect, repair and maintain their vehicles 49 CFR 396.3(a), and keep a qualification file on every driver, including the application and driving record 49 CFR 391.51. Worn brakes, bad tires or a driver with a poor record the company hired anyway can all point back to the carrier.
Who can be held responsible
The truck driver is only the starting point. In California, an employer is generally responsible for an employee's negligence on the job Civ. Code 2338. Depending on the facts, the truck or trailer owner, the shipper or loader, a maintenance company or a parts manufacturer may also share fault.
- The driver. Speeding, fatigue, distraction, impairment or unsafe lane changes.
- The motor carrier. Responsible for its driver's conduct on the job, and directly liable for negligent hiring, training, supervision or dispatch, such as schedules that make legal hours impossible.
- The owner or lessor of the truck or trailer. Often a separate company with its own policy.
- The shipper or loader. Overloaded or badly secured cargo can shift and cause a rollover or a jackknife.
- Maintenance shops and manufacturers. For brake, tire, steering or other equipment failures.
California's pure comparative fault rule applies to truck cases too Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. If you share some blame, your award is reduced by your percentage, not barred. Each defendant pays non-economic damages in proportion to its own share of fault Civ. Code 1431.2(a), which is why naming every responsible company matters.
Evidence: ELD data, black boxes and preservation letters
Truck cases are won with company records and electronic data. Carriers only have to keep hours-of-service records and supporting documents for six months 49 CFR 395.8(k). A preservation letter, sent early, puts the carrier on notice to save the logs, engine data, video and files before they are lost.
ELD records
When the driver drove, rested and went on duty, tied to location data.
Engine and "black box" data
Many trucks' engine control modules record speed, braking and throttle around a hard stop or crash.
Dashcams and telematics
Forward and driver-facing video, GPS tracking and dispatch messages.
Driver qualification file
The application, driving record, road test and medical certification.
Inspection and maintenance records
Brake, tire and repair history for the truck and the trailer.
Drug and alcohol test records
Post-accident results, or the carrier's written reason a required test was not done.
Some records last longer. Carriers must keep an accident register for three years 49 CFR 390.15(b), and records of positive drug tests and alcohol results of 0.02 or higher for five years 49 CFR 382.401(b). Negative results only need to be kept for one year. Demand all of it in the first week, not the first year.
Multiple insurers and higher policy limits
For-hire interstate carriers hauling general freight in vehicles of 10,001 pounds or more must carry at least $750,000 in public liability coverage. Certain hazardous loads require $1,000,000 or $5,000,000 49 CFR 387.9. Separate policies may cover the trailer owner, the shipper and your own vehicle.
More insurers means more adjusters, more defense lawyers and more finger-pointing. Each company wants another policy to pay first. We identify every policy, put each insurer on notice and keep the pressure on until the right ones pay.
Your own underinsured motorist coverage may apply after the at-fault policies are paid out Ins. Code 11580.2(p). If the truck belonged to a city, county or state agency, a six-month claim deadline also applies.
Serious injuries need a lawyer who understands medicine
Truck crashes often cause spine, brain and orthopedic injuries that need surgery and years of care. Founding attorney Steven D. Green trained surgeons on spinal fusion and disc replacement technologies before law school. He uses that background to understand your treatment and price the future care your claim must cover.
A settlement is final. If future surgery, pain management or lost earning capacity is left out, it cannot be added later. Steven reads imaging and operative reports, talks with treating doctors and challenges defense doctors who downplay an injury. He graduated cum laude from Loyola University Chicago School of Law with a Health Law certificate and practiced injury law in Chicago before founding the firm. Learn more about Steven D. Green, and read about back injuries and neck injuries.
When a truck crash takes a life, our wrongful death attorneys help the family bring its claim. If you were driving a truck for work when you were hurt, see our workplace injury page.
How long you have to file
Most California truck accident injury lawsuits must be filed within two years CCP 335.1. If a public entity owned the truck or the road was dangerous, a written claim is usually due within six months Gov. Code 911.2(a). The evidence deadline is often much shorter than the legal one.
Use our California Claim Clock to see your own dates. For how crashes with passenger vehicles work, see our car accident lawyer page, or estimate a range with the settlement calculator. For every practice area, visit our California personal injury lawyer page.
Truck accidents anywhere in California
We handle truck accident cases in all 58 California counties from our San Diego office at 4275 Executive Square. Interstate freight corridors run the length of the state, and the federal rules are the same everywhere. Clients work with us by phone and video, and we travel when a case calls for it.
Find your county to see how we cover it, or read about San Diego truck and personal injury cases.
Reviewed by Steven D. Green, Esq. · Updated October 12, 2026
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Questions
California truck accident questions, answered
What percentage does an accident lawyer take?
Ask any injury lawyer how fees and case costs work before you sign. California requires a contingency fee agreement to be in writing and to state that the fee is negotiable (Business and Professions Code section 6147). Green Law Group explains its written fee agreement, including costs, during your free case review.
How long does a truck accident lawsuit take?
There is no fixed timeline. A truck case usually cannot be valued until your treatment has stabilized, and cases with several defendants and insurers tend to take longer than ordinary car crashes. If the case is filed in court, discovery, depositions and expert work add time. Many cases settle at mediation before trial.
Who is liable in a truck accident?
Often more than one party. The driver may be liable, and the motor carrier is generally responsible for an employee driver's negligence on the job (Civil Code section 2338). Depending on the facts, the truck or trailer owner, the company that loaded the cargo, a maintenance shop or a parts manufacturer may also share fault.
Who can sue for wrongful death in California?
The surviving spouse or domestic partner, children and the issue of deceased children can bring the claim, or, if there are none, the people who would inherit under intestate succession. Certain dependents, such as stepchildren and parents who relied on the person, may also qualify (Code of Civil Procedure section 377.60). The claim usually must be filed within two years of the death.
Who pays when you sue after a truck accident?
In most cases an insurance company pays, not the driver personally. For-hire interstate carriers hauling general freight in vehicles of 10,001 pounds or more must carry at least $750,000 in liability coverage, and some hazardous loads require $5,000,000 (49 CFR 387.9). Trailer owners, shippers and your own underinsured motorist coverage may add more.
What evidence should be preserved after a truck crash?
Electronic logging device records, engine and dashcam data, the driver's qualification file, inspection and maintenance records, drug and alcohol test results, dispatch messages and the bill of lading. Carriers only have to keep hours-of-service records for six months (49 CFR 395.8(k)), so a written preservation letter should go out as soon as possible.
How long do I have to file a truck accident claim in California?
Most truck accident injury lawsuits must be filed within two years of the crash (Code of Civil Procedure section 335.1). If the truck belonged to a city, county, state agency or other public entity, a written claim is usually due within six months (Government Code section 911.2). Evidence can disappear much sooner, so call early.
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