Truck Accident Lawyer in California
Hit by a commercial truck anywhere in California? You generally have two years to file an injury claim — and as little as six months if a government truck or a dangerous public road was involved. Talk to us before you speak to the trucking company’s insurer.
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California legal deadlines
In California you generally have
2years
from the date of a truck crash to file a personal injury lawsuit (Code of Civil Procedure § 335.1)
6months
to file a written government claim if a public agency’s truck or a dangerous public road was involved (Government Code § 911.2).
The trucking company’s records run on a shorter clock. Carriers are generally required to keep driver logs and supporting documents for only six months (49 C.F.R. § 395.8), and camera footage is often overwritten far sooner. A written preservation demand is what stops that.
The six-month government deadline reaches further than most people expect. It can apply when the truck belonged to a city, county or state agency, and when a dangerous road condition kept by a public entity contributed to the crash (Government Code § 835).
Miss those deadlines and a strong case can end before it starts. In a truck case, the evidence can be gone long before the deadline arrives.
A Truck Crash Is a Claim Against a Company, Not Just a Driver
A loaded tractor-trailer weighs many times what a passenger vehicle weighs. The injuries are rarely minor, and the people on the other side are rarely amateurs.
Behind the driver there is usually a motor carrier, and often a broker, a shipper, a maintenance contractor and one or more commercial insurers. Many of them send an investigator to the scene within hours, while you are still in the emergency room.
That investigator is not there for you. The job is to gather what helps the company: photographs, statements, and an early account of the crash that puts a share of the blame on the other driver. You are not required to speak with them.
Meanwhile, the records that show what really happened belong to the trucking company. Electronic logging device data, engine control module downloads, dispatch messages and dash camera footage can be overwritten on a routine schedule unless someone demands in writing that they be kept.
Truck claims also sit under two sets of rules at once: California’s deadlines and fault rules, and the federal safety regulations that govern interstate carriers and their drivers. Knowing both is the difference between negotiating and guessing.
California and Federal Truck Accident Rules That Decide Your Claim
| Rule | What the law requires |
|---|---|
| Deadline to sue for injuries | 2 years from the date of the crash (Code of Civil Procedure § 335.1). The same two-year period applies to a wrongful death claim, running from the date of death. |
| Deadline for vehicle and property damage | 3 years from the date of the crash (Code of Civil Procedure § 338). This is a separate clock from the injury deadline. |
| Claims involving a government truck or agency | A written claim is generally due within 6 months (Government Code § 911.2). If the claim is formally rejected, suit must usually follow within 6 months of the rejection notice (§ 945.6). This covers public-works and other agency trucks, and dangerous road conditions. |
| Minimum insurance for interstate trucks | Federal rules require at least $750,000 in liability coverage for most interstate general freight carriers, and up to $5,000,000 for certain hazardous materials (49 C.F.R. § 387.9). That is far above the minimum for an ordinary California driver, which is why identifying the carrier matters. |
| Hours-of-service limits | Under the federal rules, a property-carrying driver may drive at most 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty, must take a 30-minute break after 8 cumulative hours of driving, and is capped at 60 hours in 7 days or 70 hours in 8 days (49 C.F.R. Part 395). |
| Electronic logs and record retention | Most interstate drivers must record their duty status on an electronic logging device. Carriers are generally required to keep those records and supporting documents for only 6 months (49 C.F.R. § 395.8), so a preservation demand should go out immediately. |
| Truck speed limit in California | Vehicles towing a trailer and most trucks with three or more axles are limited to 55 mph statewide (Vehicle Code § 22406), even where other traffic may travel faster. |
| Drug and alcohol testing | Federal rules require post-accident testing of the truck driver in defined circumstances (49 C.F.R. § 382.303). The results, and the carrier’s testing history, can become evidence. |
| If you were partly at fault | California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Your recovery is reduced by your share of fault, but you are not barred even if you were mostly responsible. |
| DMV SR-1 report, if you were driving | A driver involved in a crash must file an SR-1 with the DMV within 10 days when anyone is injured or killed, or property damage exceeds $1,000 (Vehicle Code § 16000). It is separate from the police report and from notifying your own insurer. |
| If the injured person is a minor | The two-year deadline is generally paused until the child turns 18 (Code of Civil Procedure § 352). Government claim deadlines are treated differently and should not be assumed to pause. |
Major Causes of Truck Accidents in California
Most truck crashes we handle trace back to a decision made before the impact: a schedule that was too tight, a repair that was put off, a load that was not secured. The cause usually maps onto a specific safety rule — which matters, because a violation is strong evidence of negligence.
Driver fatigue and hours-of-service violations
Federal rules cap how long a commercial driver may stay behind the wheel (49 C.F.R. Part 395). Electronic logging device records show when the driver was actually driving, and they can be compared with fuel receipts, dispatch messages and delivery times.
Speeding and unsafe speed
Most large trucks are limited to 55 mph in California (Vehicle Code § 22406), and the basic speed law (Vehicle Code § 22350) prohibits driving faster than is safe for conditions. A loaded truck needs far more distance to stop, so a few miles per hour matter.
Distracted driving
California bans holding a phone while driving and bans texting outright (Vehicle Code §§ 23123, 23123.5). Phone records, in-cab messaging systems and fleet camera footage can often establish what a driver was doing at impact.
Impaired driving
Driving under the influence of alcohol or drugs is illegal (Vehicle Code § 23152), and that includes impairment by prescription medication. Federal rules also require post-accident testing of commercial drivers in defined circumstances (49 C.F.R. § 382.303).
Wide turns, blind spots and unsafe lane changes
A tractor-trailer has large blind spots on every side and swings wide on right turns. Sideswipes, squeeze crashes at intersections and underride collisions beneath a trailer often come from a driver who did not check, or could not see.
Unsecured or shifting cargo
A load that is overweight, unbalanced or poorly tied down changes how a truck brakes and corners. It can cause a rollover or jackknife, or end up on the roadway. The company that loaded the trailer may share responsibility with the carrier.
Brake failures, tire blowouts and deferred maintenance
Carriers are responsible for inspecting and maintaining their equipment. Maintenance and inspection records show whether worn brakes or tires were known about and left on the road, and a failed part can also point to its manufacturer.
Dangerous road conditions
Sometimes a public entity shares the blame: a missing sign, a defective road design, an unrepaired hazard (Government Code § 835). These claims carry the six-month deadline, which is why they are so often lost.
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Truck Accident Injuries We Represent
The injury drives the value of the claim, and the weight of a commercial truck means the injuries are often severe. Documentation from day one is what lets the full cost of them be proved.
Neck, shoulder and soft tissue injuries
Whiplash, sprains, strains and disc irritation are common even in lower-speed truck impacts. Insurers routinely argue they are minor or pre-existing, which is exactly why consistent treatment records matter.
Traumatic brain injury
A concussion does not require losing consciousness. Headaches, light sensitivity, irritability, word-finding trouble and difficulty concentrating are all reportable symptoms, and they often surface days later.
Spinal cord and back injuries
Herniated discs, nerve impingement and vertebral fractures can require injections, surgery, or lifelong management. Complete or partial paralysis changes the entire structure of a claim, including future care costs.
Fractures and crush injuries
Broken ribs, hips, pelvises, arms and legs frequently mean surgery, hardware and months of rehabilitation. The lost-income component alone can exceed the medical bills.
Internal injuries and organ damage
Internal bleeding and organ trauma can be life-threatening and are not always obvious at the scene. This is the main reason we urge same-day medical evaluation even when you feel able to walk away.
Catastrophic and permanent injuries
Amputation, severe burns, disfigurement and injuries requiring lifetime attendant care call for life-care planning and economic expert analysis to value properly.
Wrongful death
When a truck crash is fatal, California law allows specified surviving family members to bring a wrongful death claim (Code of Civil Procedure § 377.60), and the estate may bring a separate survival action.
Psychological injuries
Post-traumatic stress, anxiety about driving near large trucks and depression are real consequences of a serious collision and are compensable when properly diagnosed and documented.
After a truck crash in California: what to do
Get to safety and call 911
Move out of traffic if you safely can. A report from the CHP or local police documents the scene, the truck and the companies involved.
Get checked the same day
Adrenaline masks injury. Head, neck and back symptoms often appear a day or two later, and a gap in treatment is the first thing an adjuster points to.
Photograph the truck, not just the damage
The door placard, USDOT number, trailer markings and license plates identify the motor carrier — which is often not the name painted on the trailer.
Get witness names and numbers
Independent witnesses disappear quickly and are very hard to find later. A name and mobile number written down at the scene is worth a great deal months on.
Do not discuss fault at the scene
Exchange information and stay civil, but do not apologize or speculate. Fault is a legal conclusion that depends on evidence you do not have yet.
Have a preservation demand sent
Logging device data, engine control module downloads, dispatch messages, driver files and camera footage need to be frozen in writing. We send these letters for our clients.
Do not give a statement to the carrier
You are not required to speak with the trucking company’s investigator or give its insurer a recorded statement. Statements are taken early for a reason, and used later to narrow your injuries and shift fault.
Keep every record
Bills, referrals, prescriptions, mileage to appointments, pay stubs showing missed work, and a short daily note on pain and limitations. If you were driving, the DMV SR-1 report is also due within 10 days (Vehicle Code § 16000).
Talk to a lawyer before accepting anything
An early offer usually arrives before the full picture of your injury exists. Once you sign a release, the claim is over, including for treatment you have not had yet.
Speak With a California Truck Accident Lawyer Today
If you were injured in a truck accident in Los Angeles or anywhere in California, you do not have to handle the claim alone. Akhavan Law Firm can review what happened, explain your legal options, and help you take the next step with confidence.
Call +1 310-694-8999 today to request a free consultation with a California truck accident lawyer. The sooner you get guidance, the easier it may be to protect evidence, manage insurance communication, and move your claim forward.
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Schedule a Free Consultation with a California Truck Accident Lawyer
Do not wait to get legal help after a serious truck accident. Akhavan Law Firm can review your case, explain your options, and help you take the next step toward recovery.
No Win, No Fee — How Our Contingency Fee Works
You pay us nothing up front. Our fee is a percentage of what we recover for you, and if we recover nothing, you owe us no attorney’s fee.
California requires contingency fee agreements to be in writing and to state the fee rate, how costs affect your recovery, and that the rate is negotiable and not set by law (Business & Professions Code § 6147). You receive a signed copy before we begin.
We also explain case costs plainly — filing fees, records, expert witnesses — and how they are handled, before you decide whether to hire us. The consultation itself is free, with no obligation to proceed.
Working with our firm
We are a California personal injury firm led by founding attorney Edwin Akhavan, California State Bar #270338. We handle truck accident claims across the state, from disputed liability cases to catastrophic injury and wrongful death matters. Our main office is in Beverly Hills and we keep offices throughout California, so a local meeting is usually possible without a long drive. We work with clients in English and Spanish.
Truck Accident Help Across California
This page covers the statewide rules. For the courts, police agencies and roads where your crash actually happened, start with the office closest to you.
Related practice areas
Some crashes fall under their own rules. If yours involved one of these, that page will be more specific:
Reviewed by Edwin Akhavan, Founding Attorney, California State Bar #270338
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Common questions answered
A crash with a commercial truck raises questions quickly: who is responsible, which insurer pays, and how long you have to act. Below are plain answers to the questions we hear most from people injured in truck accidents across California. They are general information; a free consultation is the place to talk about your own situation.
Truck Accident Questions We Hear Most
What should I do immediately after a truck accident in California?
Call 911 so the CHP or local police document the scene, then get checked by a doctor the same day even if you feel able to walk away. Photograph the tractor and trailer, including the door placard and USDOT number, because the motor carrier is often a different company from the name on the trailer.
Get witness names and numbers, do not discuss fault at the scene, and speak with a lawyer before giving the trucking company or its insurer a statement.
How long do I have to file a truck accident claim in California?
Most injury lawsuits must be filed within two years of the crash (Code of Civil Procedure § 335.1), and vehicle damage claims within three years (§ 338). If a government truck or a dangerous public road was involved, you generally have only six months to file a government claim (Government Code § 911.2). Waiting is costly in truck cases, because records can be lost long before the deadline.
How is a truck accident claim different from other vehicle crash claims?
Three things change. The injuries are usually more severe because of the weight difference. The available insurance is usually larger, because most interstate freight carriers must carry at least $750,000 in liability coverage (49 C.F.R. § 387.9). And much of the evidence is electronic and held by the trucking company. Federal safety regulations also place duties on carriers and commercial drivers that do not apply to ordinary drivers.
What evidence matters most in a truck case?
Electronic logging device records showing hours of service, engine control module data showing speed and braking, dispatch and messaging records, the driver qualification file, maintenance and inspection records, drug and alcohol test results, and any dash or fleet camera footage.
Carriers are generally required to keep logs and supporting documents for only six months (49 C.F.R. § 395.8), and camera footage is often overwritten much sooner. A written preservation demand should go out as early as possible.
Who can be held responsible besides the truck driver?
Depending on the facts, responsibility can reach the motor carrier that employed and dispatched the driver, the owner of the tractor or trailer, the broker or shipper that arranged the load, the company that loaded and secured the cargo, a maintenance contractor, and the manufacturer of a failed part. Identifying each one matters because each may carry its own insurance.
What if the truck driver was an independent contractor?
That label often does not end the carrier’s responsibility. A motor carrier generally remains accountable for trucks operated under its own federal operating authority, and claims for negligent hiring, training, supervision or maintenance can apply however the driver is classified. The answer depends on the contracts and the facts, which is one reason to have the documents reviewed.
What if the crash was partly my fault?
You can still recover. California follows pure comparative fault, so your compensation is reduced by your percentage of responsibility rather than eliminated. If you are found 20% at fault, you recover 80% of your damages. Trucking companies and their insurers often push for a larger share of blame than the evidence supports, which is one reason to have a lawyer document the facts early.
How much is my truck accident case worth?
It depends on the injuries and treatment, whether surgery is needed, how much income you lost, how clear fault is, and how much insurance is available.
Commercial policies are usually larger than personal auto policies, and more than one company may be responsible, but no lawyer can honestly put a number on a case before the medical picture is known. Be careful with any early figure an adjuster offers before treatment ends.
What does it cost to hire Akhavan Law Firm?
Nothing upfront. We work on a contingency fee, so we are paid only if we recover money for you. There is no hourly billing and no fee if we do not win. The consultation is free, and we can meet you at the office, at home or at the hospital.
Do you help Spanish-speaking clients?
Yes. Se habla español. Our team handles consultations, documents and case updates in Spanish, and this page is also available in Spanish.
Areas We Serve
Akhavan Law Firm APC handles truck accident claims throughout California. Our headquarters is in Beverly Hills and we have eleven more offices across the state, so you can meet an attorney close to home. Visit the office nearest you or call us today for immediate legal assistance.