California Truck Accident Lawyer: Deadlines, Fault and What Trucking Companies Must Preserve

Why a truck case is different from a car accident case

A commercial truck case usually has more than one responsible party and a set of federal safety rules that a passenger car driver never has to follow. Federal law applies to vehicles rated 10,001 pounds or more that are used in interstate commerce (49 CFR 390.5), so it covers far more than 18-wheelers: box trucks, dump trucks, tow trucks and many delivery trucks qualify.

The rules create a record. A property-carrying driver may drive at most 11 hours after 10 consecutive hours off, may not drive past the 14th hour on duty, and must take a 30-minute break after 8 hours of driving (49 CFR 395.3). Most trucks record those hours on an electronic logging device, and the carrier must keep the logs and supporting documents for six months (49 CFR 395.8).

The carrier must also keep an accident register for three years (49 CFR 390.15), inspection and maintenance records for every vehicle it controls for 30 days or more (49 CFR 396.3), the driver’s qualification file for three years after the driver leaves (49 CFR 391.51), and after a crash with a death, or an injury or tow-away plus a citation, it must test the driver for alcohol within 8 hours and drugs within 32 hours (49 CFR 382.303).

Insurance is larger than in a car case. A for-hire interstate carrier of ordinary freight must carry at least $750,000 in liability coverage, and carriers of the most dangerous hazardous materials $5,000,000 (49 CFR 387.9). Anyone can look up a trucking company’s safety record on FMCSA’s SAFER system and its insurance filings on the FMCSA Licensing and Insurance site.

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

Two years from the crash for an injury claim, and two years from the death for a wrongful death claim (Code of Civil Procedure 335.1).

If a public entity was involved, for example a city or county truck, a Caltrans vehicle, a public transit bus or a dangerous condition of a public road, a written claim must be presented to that entity within six months before any lawsuit can be filed (Government Code 911.2).

A wrongful death claim can be brought by the surviving spouse or domestic partner, the children, and in some cases other dependents or heirs (Code of Civil Procedure 377.60).

What if I was partly at fault?

California uses pure comparative fault. Your recovery is reduced by your percentage of fault but is not eliminated, even if you were more than half at fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; Civil Code 1714). Trucking insurers raise comparative fault in almost every case, which is one reason the truck’s own data matters so much.

One exception: a driver who had no liability insurance at the time of the crash, or who was convicted of DUI for it, generally cannot recover non-economic damages such as pain and suffering, with limited exceptions (Civil Code 3333.4).

How much is a California truck accident case worth?

It depends on the injuries, the medical care needed for life, lost earnings and the insurance available. California has no cap on economic or non-economic damages in a truck accident case. The MICRA cap people read about applies only to medical malpractice claims against health care providers (Civil Code 3333.2).

Punitive damages are possible when there is clear and convincing evidence of oppression, fraud or malice, which includes a conscious disregard for the safety of others (Civil Code 3294). A carrier that kept a driver on the road after repeated hours violations or a failed drug test is the kind of case where that question comes up.

California’s own trucking rules

The California Highway Patrol regulates commercial vehicles that operate in California, including trucks with three or more axles rated over 10,000 pounds, truck tractors and trailer combinations (Vehicle Code 34500), and sets the rules on hours of service, drug and alcohol testing, equipment, inspection, maintenance and accident reports (Vehicle Code 34501).

Drivers who only operate within California follow CHP hours rules: at most 12 hours of driving after 10 consecutive hours off, no driving after the 16th hour on duty, and no driving after 80 hours on duty in 8 days (13 CCR 1212.5). The CHP rules have no 30-minute break requirement, although separate California labor rules on meal and rest breaks can still apply to employee drivers. Interstate drivers follow the federal rules above.

Who can be held responsible

• The driver, for careless driving, fatigue, distraction or impairment.
• The motor carrier, for its driver’s conduct and for its own hiring, training, scheduling, dispatch and maintenance decisions.
• The owner of the tractor or the trailer when they are different companies, and a maintenance contractor whose work failed.
• A shipper or loader when a shifting or overweight load caused the crash.
• A manufacturer when a tire, brake or other part failed.
• A government agency when a road defect or a government vehicle contributed, which brings its own short claim deadlines.

What has to be preserved in the first days

• Electronic logging device data and the driver’s logs for the trip, which the carrier only has to keep for six months.
• The truck’s engine control module (“black box”) data: speed, braking and throttle in the seconds before impact. It can be overwritten when the truck goes back into service.
• Dash camera and in-cab camera footage, which many fleets delete on a schedule.
• The post-crash alcohol and drug test results, the driver’s qualification file and hours-of-service records for the previous week.
• Inspection, repair and maintenance records for the tractor and the trailer, and the driver’s vehicle inspection reports when a defect was found (49 CFR 396.11).
• Dispatch records, bills of lading and load weight, which show whether the schedule was possible without breaking the hours rules.

Our first step in every truck case is a written preservation demand to the carrier, its insurer and any broker or shipper, followed by a court order if the company does not confirm in writing.

Who handles your case

Michael Shemtoub founded Beverly Law in 2008 and has litigated truck accident cases for more than a decade. He is licensed to practice law in California and Washington, earned his law degree at UC Hastings, is admitted to practice in the U.S. District Courts for the Central and Northern Districts of California, and has tried cases to verdict. As the firm’s managing attorney, he oversees its truck and commercial vehicle cases. The consultation is free, in English or Spanish, and you owe no fees or costs unless we win.

What to do now

• Get medical care and keep every record and bill.
• Get the police report number and the truck’s USDOT number from the report or the side of the cab.
• Photograph the vehicles, the road, skid marks and your injuries, and get witness names.
• Do not give a recorded statement to the trucking company’s insurer, and do not sign anything before talking to a lawyer.
• Call a lawyer quickly. The trucking company’s investigators are often on the scene the same day, and the logs can be gone in six months.

Common questions

Related pages

Washington truck accident lawyer · Texas truck accident lawyer · Accident lawyers in Los Angeles · Daily accident news

Important: This page is general information about the law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and rules depend on the facts of each case; talk to a lawyer about yours. Michael Shemtoub is licensed in California and Washington. Texas matters are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 2, 2026.