Truck Accidents

A collision with a big rig or commercial truck can change your life in an instant. These cases are different from ordinary car accidents: more is at stake, more parties may be responsible, and trucking companies start building their defense immediately.

On this page: How we help · Why truck cases differ · Who is responsible · Causes · Evidence · Compensation · Deadlines · FAQ

Smith Trial Group represents people injured in truck accidents, and families who lost a loved one, throughout Orange County and Southern California: the I-5, I-405, I-10, I-15 and SR-91 corridors, port traffic out of Long Beach and Los Angeles, and the warehouse and distribution hubs of the Inland Empire. Our commercial vehicle results include a $1.9 million settlement for a pedestrian struck by a bus and a $450,000 settlement for a client injured in a semi-truck collision, and we have taken injury cases to verdict, including a $10 million jury verdict. Results depend on the facts of each case. Consultations are free, and you pay nothing unless we recover.

How a Truck Accident Lawyer Helps

Trucking companies and their insurers often send investigators and lawyers to a serious crash within hours. Attorney Cardon Smith spent years defending Fortune 500 companies before founding this firm, so he knows how corporate defendants and their insurers approach these cases from the inside. Our job is to match that response:

• Locking down the evidence. We send preservation demands for the truck’s electronic data, driver logs, dashcam video and maintenance records before they are overwritten or discarded.
• Identifying every responsible party, not just the driver, and every insurance policy that applies.
• Proving safety violations. We compare the driver’s and the carrier’s conduct to federal and California trucking rules.
• Bringing in the right experts: accident reconstruction, trucking safety, medical and economic experts.
• Valuing the whole loss, including future medical care and lost earning capacity, which in serious truck cases often make up most of the damages.

Why Truck Cases Are Different

• The physics. A loaded tractor-trailer can weigh up to 80,000 pounds, roughly 20 times a passenger car. Truck crashes often cause spinal cord injuries, brain injuries, catastrophic injuries and deaths.
• Federal and state safety rules. Interstate carriers must follow Federal Motor Carrier Safety Administration (FMCSA) rules on hours of service, driver qualifications, drug and alcohol testing, inspections and maintenance. California adds its own rules: trucks are generally limited to 55 mph, and commercial drivers are over the legal limit at a 0.04 percent blood alcohol level, half the limit for other drivers.
• Larger insurance policies. Federal law requires most interstate freight carriers to carry at least $750,000 in liability coverage, and more for some hazardous materials. Many carriers carry far more, plus excess or umbrella policies.
• Corporate defendants. Trucking companies, shippers and their insurers defend these claims aggressively, with dedicated lawyers and experts.

Who Can Be Held Responsible

• The truck driver, for speeding, fatigue, distraction, impairment or unsafe maneuvers
• The motor carrier, which is generally responsible for its drivers’ conduct on the job, and can also be liable for negligent hiring, training, supervision or dispatch practices that push drivers past legal limits
• The owner or lessor of the truck or trailer
• The shipper or loader, for overloaded or improperly secured cargo
• Maintenance and repair companies, for faulty brakes, tires or lights
• Manufacturers of defective trucks or parts. See defective products.
• Freight brokers and other companies, in some circumstances, depending on their role and current law
• Government agencies, for dangerous road design or conditions. See dangerous road conditions.

Carriers sometimes argue a driver was an independent contractor, or that another company was responsible. Sorting out those relationships early is one of the most important parts of a truck case.

Common Causes of Truck Accidents

• Driver fatigue and hours-of-service violations. Property-carrying drivers are generally limited to 11 hours of driving after 10 consecutive hours off duty, within a 14-hour window.
• Speeding, tailgating, and unsafe lane changes, especially in blind spots
• Distracted driving and phone use
• Drug or alcohol impairment
• Poorly maintained brakes or tires
• Overloaded or improperly secured cargo, and rollovers on ramps and curves
• Wide right turns, jackknifes and underride crashes
• Inadequate driver training or negligent hiring

Preserving the Evidence

Commercial trucks generate data that can make or break a case: electronic logging device (ELD) records, engine control module (“black box”) data showing speed and braking, GPS and dispatch records, forward- and driver-facing camera footage, maintenance and inspection logs, drug and alcohol test results, and the driver qualification file. Some of it can be overwritten or discarded on routine schedules if no one acts. We move quickly to send preservation demands and secure this evidence before it is gone.

Injuries and Compensation

In a California truck accident case, you can seek:

• Past and future medical expenses, including surgery, rehabilitation and long-term care
• Lost wages and lost earning capacity
• Pain, suffering, emotional distress and loss of enjoyment of life
• Property damage
• For families, wrongful death damages. See wrongful death.
• Punitive damages in rare cases involving conscious disregard of safety

California follows pure comparative fault: you can recover even if you were partly at fault, reduced by your share. See How much is my injury case worth?

Deadlines

California generally gives injured people two years to file a personal injury or wrongful death lawsuit, and three years for property damage. If a government agency is involved, for example a city truck, a public bus, or a dangerous public road, a formal claim must usually be filed within six months. Evidence disappears fast, so call as soon as you can.

Areas We Serve

We handle truck accident cases across Southern California, including Newport Beach · Irvine · Santa Ana · Los Angeles · Riverside · San Bernardino · San Diego. See also car accidents, bus accidents and Uber and Lyft accidents.

Helpful resources: FMCSA: Hours of Service rules · Federal Motor Carrier Safety Administration

Frequently Asked Questions

The trucking company’s insurer already called me. Should I talk to them?

Be careful. Adjusters may ask for a recorded statement or a quick settlement before the full extent of your injuries is known. Talk to a lawyer first.

What if I was partly at fault?

California follows pure comparative fault. You can recover even if you were partly responsible, and your recovery is reduced by your percentage of fault.

Who pays for a truck accident in California?

Usually the trucking company’s commercial liability insurer, and sometimes other companies involved, such as the truck owner, shipper, maintenance contractor or manufacturer. Interstate freight carriers must generally carry at least $750,000 in liability coverage, and many carry more.

How much is a truck accident case worth?

It depends on the severity of the injuries, the medical treatment needed now and in the future, lost earnings, the evidence of fault, and the available insurance. Because truck crashes often cause serious injuries and carriers carry larger policies, these cases can be significantly larger than typical car accident claims.

How long do I have to file a truck accident claim?

Generally two years from the crash for an injury lawsuit in California, but only six months to file a claim if a government vehicle or public road is involved. Evidence held by the trucking company can be lost much sooner, so act quickly.

How much does a truck accident lawyer cost?

We handle truck accident cases on contingency. You pay no attorney fee unless we recover for you, and the consultation is free.

Related guides: What to do after a car accident · How much is my case worth? · Dealing with the insurance adjuster · Who can file a wrongful death claim