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California truck accident lawyer
A crash with a semi, big rig or delivery truck is not an ordinary car claim. The driver, the trucking company and others can share the blame, federal safety rules apply, and the evidence that proves it can disappear quickly. Attorney Big Al represents people hurt in truck crashes throughout California.
Free consultation. No attorney fee unless we win. How fees and costs work
The short answer
After a truck crash in California, you may have a claim against the driver, the trucking company and anyone else whose mistake contributed, such as a cargo loader or maintenance company. Federal rules limit drivers to 11 hours of driving in a 14-hour window, and for-hire carriers hauling non-hazardous freight across state lines in trucks of 10,001 pounds or more must carry at least $750,000 in coverage. You generally have two years to file an injury lawsuit, or six months for a claim against a government vehicle.
Who can be responsible
Truck cases often involve several parties, each with its own insurer. Finding all of them matters, because it decides how much coverage is available.
The driver
Fatigue, distraction, speeding, impairment, or driving past the federal hours-of-service limits.
The trucking company
For its driver's conduct on the job, and for its own choices: hiring, training, schedules that push drivers past legal limits, and maintenance.
The cargo loader
Overloaded or badly secured cargo can shift and cause rollovers or loss of control.
The maintenance company
Brake, tire and lighting failures that inspection and maintenance should have caught.
The manufacturer
When a defective part, such as brakes or tires, caused or worsened the crash.
A public entity
When a government vehicle or a dangerous road condition was involved. A written claim is due within six months.
The trucking rules that can prove fault
Commercial trucks are regulated by the Federal Motor Carrier Safety Administration. In California, a violation that causes the kind of harm a rule was written to prevent creates a presumption that the driver or company failed to use due care (Evidence Code section 669).
| Rule | What it requires | Source |
|---|---|---|
| Hours of driving | Up to 11 hours of driving within a 14-hour window, after 10 consecutive hours off duty | 49 CFR 395.3 |
| Breaks | A 30-minute break after 8 hours of driving | 49 CFR 395.3 |
| Weekly limit | No driving after 60 hours on duty in 7 days, or 70 hours in 8 days | 49 CFR 395.3 |
| Insurance | At least $750,000 for for-hire interstate carriers of non-hazardous freight, 10,001 pounds or more; more for hazardous loads | 49 CFR 387.9 |
What the firm gathers
Some of this evidence is held by the trucking company and can be overwritten or lost. The sooner it is requested, the more of it survives.
- Accident scene photos and video
- Police reports
- Eyewitness statements
- Truck driver logs and electronic data
- Maintenance and inspection records
- Expert witness statements
What to do now
Get medical care
Truck crashes cause serious injuries, and some appear later. Your records tie the injury to the crash.
Write down the truck
The company name and the USDOT number on the cab door, the trailer number, and the plate. Photograph them if you can.
Report the crash
To the police at the scene, and to the DMV within 10 days if anyone was hurt (Vehicle Code section 16000).
Don't talk to the trucking company's insurer
Not before you have spoken with a lawyer. The firm handles all communication and negotiation with the insurance companies for its clients.
Call early
So the evidence the truck and the company hold can be requested before it is lost.
How long you have
| What | Deadline | Source |
|---|---|---|
| Lawsuit for an injury | Generally 2 years from the crash | Cal. Code of Civil Procedure § 335.1 |
| Claim against a city, county, state agency or other public entity (a government vehicle or a dangerous road) | 6 months, as a written claim, before any lawsuit | Cal. Government Code § 911.2 |
| Lawsuit for damage to your vehicle | Generally 3 years | Cal. Code of Civil Procedure § 338(c)(1) |
| Report to the DMV (form SR 1) if anyone was hurt or property damage to any one person was over $1,000 | 10 days | Cal. Vehicle Code § 16000 |
California uses pure comparative fault: if you were partly at fault, your recovery is reduced by your share, not barred (Li v. Yellow Cab Co., 1975).
What a claim can cover
Medical expenses
Hospital stays, surgery, medication, therapy and other treatment.
Lost wages
Income lost while you cannot work because of your injuries.
Pain and suffering
Physical pain, emotional distress and mental anguish from the crash.
Property damage
Repair or replacement of your vehicle and other property.
Hurt by a truck? Call Big Al's office
Free consultation. No attorney fee unless we win. Attorney fees are on a contingency basis. Whether and how case costs are charged is set out in the fee agreement; ask us before you sign.
Questions people ask
Who can be responsible for a truck crash in California?
Often more than one party: the truck driver, the trucking company that employed or hired the driver, whoever loaded the cargo, the company that maintained the truck, and sometimes the maker of a defective part. Each may carry its own insurance.
How much insurance does a truck have to carry?
A for-hire carrier hauling non-hazardous freight across state lines in a truck of 10,001 pounds or more must carry at least $750,000 in financial responsibility under federal rules (49 CFR 387.9). Hazardous loads require more. Many carriers carry more than the minimum.
How long can a truck driver drive without rest?
For property-carrying drivers, federal rules allow up to 11 hours of driving within a 14-hour window after 10 hours off duty, require a 30-minute break after 8 hours of driving, and cap on-duty time at 60 hours in 7 days or 70 hours in 8 days (49 CFR 395.3). Logs and electronic data can show whether a driver broke these limits.
How long do I have to file a truck accident claim?
Generally two years from the crash to file a lawsuit for an injury (Code of Civil Procedure section 335.1). If a government-owned truck or vehicle was involved, a written claim to that public entity is due within six months (Government Code section 911.2).
What if I was partly at fault?
California uses pure comparative fault (Li v. Yellow Cab Co., 1975). You can still recover, reduced by your share of the fault.
What does it cost to hire the firm?
The consultation is free, and you pay no attorney fee unless your case is won. Attorney fees are on a contingency basis. Whether and how case costs are charged is set out in the fee agreement; ask us before you sign.
Sources for this page
The law on this page was checked against these sources on November 11, 2026. It is general information, not legal advice for your case.
- 49 CFR § 395.3 (hours of service for property-carrying drivers: 11 hours of driving within a 14-hour window after 10 hours off duty; a 30-minute break after 8 hours of driving; 60 or 70 hours in 7 or 8 days)
- 49 CFR § 387.9 (minimum financial responsibility: $750,000 for for-hire carriers of nonhazardous property in interstate commerce, 10,001 pounds or more)
- Cal. Evidence Code § 669(a) (a failure to use due care is presumed when a person violated a statute or regulation, the violation caused the injury, and the rule was meant to prevent that kind of harm to that class of person)
- Cal. Civil Code § 3333 (damages for a wrong not arising from contract: the amount that compensates for all the detriment it proximately caused)
- Cal. Code of Civil Procedure § 335.1 (two years for injury or death caused by another's wrongful act or neglect)
- Cal. Government Code § 911.2 (claim to a public entity for injury: six months after the cause of action accrues)
- Cal. Code of Civil Procedure § 338(c)(1) (three years for injury to goods or chattels, such as a vehicle)
- Cal. Vehicle Code § 16000 (report to the DMV within 10 days if anyone is hurt or killed, or property damage to any one person exceeds $1,000)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (pure comparative fault: damages are reduced by the injured person's share of fault, not barred)