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When a truck accident lawsuit in California arises, the legal process can be more complex than a typical car accident case. Interstate truck accidents involve both state and federal laws, multiple potential defendants, and high stakes for injury victims. 

Understanding how do truck accident lawsuits work will help you navigate your truck accident case and protect your right to compensation. Below, we explain the key elements of a California truck accident lawsuit, what compensation you can seek, steps to take after a crash, factors that affect your case, and why hiring an experienced attorney is essential.

Key elements of a truck accident lawsuit in California

Multiple parties and regulations

Truck accident claims often involve several at-fault parties. The truck driver may be responsible, but liability can also extend to the trucking company, a maintenance contractor, truck manufacturer, or even the cargo loading company (for improper loading). 

In California, trucking is governed by both the California Vehicle Code and federal regulations administered by the Federal Motor Carrier Safety Administration (FMCSA). For example, state law generally prohibits truck drivers from exceeding 12 hours of driving in a day without rest, and federal hours-of-service (HOS) regulations forbid interstate truckers from driving more than 11 hours after 10 hours off duty. There are also rules on drug and alcohol testing regulations for drivers (49 CFR Part 382) and bans on distracted driving (FMCSA prohibits texting or hand-held phone use while driving a CMV). 

Evidence that the truck driver or company violated safety laws – such as HOS rules leading to driver fatigue, or a cellphone use ban indicating distracted driving, or reckless speeding – can strongly support a negligence claim.

Proving negligence

Like any personal injury claim, a truck accident lawsuit requires proving negligence. This means showing that the defendant breached a legal duty (for instance, by violating traffic laws or safety regulations) and caused the accident and your injuries. Trucking cases often entail gathering extensive evidence: the truck’s electronic logging device data (to check HOS compliance), maintenance and inspection records (to see if truck maintenance and inspection schedules were followed), the driver’s training and driving history, results of any post-accident drug/alcohol tests, dashcam or surveillance footage, and more. 

The California Vehicle Code and FMCSA rules serve as standards of care – if a trucker or company broke these rules, it helps establish the breach of duty. Given the overlap of state and federal law, interstate trucking cases require careful legal analysis to determine which rules apply and how they impact liability.

Statute of limitations

An important element in any truck accident lawsuit is the time limit to file. In California, you generally have two years from the date of the crash to file a lawsuit for injuries. This legal deadline for truck accident claims is critical – missing it could bar you from recovery. Always verify the applicable statute of limitations for your case (it may be shorter for government claims, for example) and take action well before the deadline.

Compensation in truck accident cases

A successful truck accident lawsuit can recover a wide range of compensation (known as “damages”) for the victim. In a truck accident case, your compensation may include:

  • All financial costs of your injury. This covers medical bills (hospital stays, surgeries, medications, rehabilitation, future treatment needs), lost income and future earning capacity, property damage (vehicle repair or replacement), and other out-of-pocket expenses. Given the severe nature of many truck crashes, these losses can be substantial and lifelong care may be required
  • Intangible losses such as pain and suffering, mental anguish, emotional distress, and loss of enjoyment of life. Truck accidents often cause catastrophic injuries (e.g. spinal cord injuries, traumatic brain injuries) or fatalities, so the human impact is enormous. California allows victims to recover for these real yet hard-to-quantify losses.
  • In cases of especially egregious wrongdoing, the court may award punitive damages to punish the defendant and deter similar conduct. This is not common, but if the truck driver or company showed extreme recklessness or willful disregard for safety (for example, a trucking firm knowingly violating hours-of-service (HOS) rules or a driver operating under the influence in defiance of drug and alcohol testing regulations), punitive damages could be pursued. California law sets a high bar for punitive damages – you must prove the defendant acted with malice, fraud, or oppression.

It’s worth noting that trucking companies are required to carry high liability insurance limits due to federal regulations. For instance, interstate freight carriers must have at least $750,000 in liability coverage (and up to $5 million for certain hazardous cargo). 

This means there is often substantial insurance available to pay claims, which is good news for injured victims seeking full compensation. However, the insurers for trucking companies are experienced in fighting claims, so you will need strong evidence and legal advocacy to obtain a fair settlement or award.

Steps to take after a truck accident

The moments and days after a truck accident are critical for your health and for building your claim. Here are important steps to take:

  1. Prioritize safety and call 911. Even if you feel okay, get a medical evaluation – adrenaline can mask injuries, and documentation of any injury is important.
  2. Contact the police. The police report will record key details and often indicate initial observations of fault (e.g. traffic violations). California authorities advise notifying the police for any significant accident.
  3. If you are able, collect as much information as possible at the accident scene. Get the truck driver’s name, employer, contact info, insurance details, driver’s license number, and license plate. Also obtain contact information from any other drivers involved and witnesses. 
  4. Notify your insurance company of the accident as soon as practical (many policies require prompt reporting). Because a truck accident likely involves serious damage or injury, California law also requires that you file a DMV accident report (SR-1) within 10 days if anyone was injured or property damage exceeded $1000.
  5. Do not admit fault or make apologetic statements at the scene – even saying “I’m sorry” could be used against you later. Decline to give any recorded statements to the trucking company’s insurer without legal counsel.
  6. One of the most important steps is to contact an experienced California truck accident lawyer as soon as possible. An attorney will immediately begin investigating the crash, preserving critical evidence (such as the truck’s electronic data recorder, driver logbooks, and surveillance footage) before it is lost or destroyed. Trucking companies start building their defense right away – you need someone on your side doing the same.

Factors affecting your case outcome

In a truck accident lawsuit in California, the outcome depends heavily on how clearly fault is established. If the truck driver is entirely responsible — for example, running a red light or driving under the influence — recovery is usually stronger. When liability is disputed, comparative negligence in California applies, reducing compensation in proportion to the victim’s share of fault (Cal. Civ. Code §1714).

Regulatory violations also play a major role. Many truck accident cases involve driver fatigue, distracted driving, or poor maintenance. According to the FMCSA, brake problems were a factor in nearly 30% of large truck crashes, while driver fatigue and speeding were among the most common contributing causes. Evidence of skipped inspections or ignored hours-of-service (HOS) regulations can therefore strongly support a negligence claim.

Settlement amounts rise with injury severity and available coverage. Catastrophic harm, such as traumatic brain injury (TBI) settlements or spinal cord injury compensation, can reach seven figures, though policy limits may cap recovery even with high insurance coverage. Because trucking companies and insurers fight aggressively, having a skilled attorney is critical. An experienced lawyer who understands both the California Vehicle Code and FMCSA rules, works with experts, and prepares for trial can often secure a fair settlement without going to court.

Why hire a California truck accident lawyer?

Mastery of trucking laws is what often transforms an average payout into a substantial one. A skilled attorney understands both FMCSA regulations and the California Vehicle Code provisions for commercial vehicles. This knowledge allows lawyers to spot violations and prove negligence. 

Equally important is a thorough investigation. Experienced law firms act quickly to preserve black box data, inspection records, and employment files before they vanish. At Kermani LLP, we work with accident reconstruction experts and engineers to expose hidden causes. In one instance, early evidence preservation revealed a trucking company’s long history of safety violations with the FMCSA. That discovery helped push a death settlement from $1.5 million to over $4 million.

Handling insurance companies is another battleground. Trucking insurers deploy rapid-response teams to limit liability, but a determined legal team levels the field. By rejecting early lowball offers and showing readiness for trial, attorneys often drive negotiations upward. representation, the family would likely have accepted less than half that amount.

Maximizing compensation means going beyond immediate bills. Skilled lawyers work with medical experts and economists to calculate future needs, loss of earning capacity, and pain and suffering damages.

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August 25, 2025

Ray Kermani
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