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Who you can bring a claim against
The driver is the starting point, but rarely the only one responsible. In California, an employer is generally liable for injuries caused by an employee who was driving as part of the job (CACI No. 3700). That usually lets you name the trucking company next to the driver, and the company’s insurance is what pays most truck claims.
Other businesses can share the blame depending on the facts, such as the company that loaded the trailer or the shop that serviced the brakes. Sorting this out takes contracts, maintenance records and the driver’s logs. Our page on who is liable in a truck accident goes through each possible party.
Why a truck case is different from a car case
Interstate for-hire carriers hauling ordinary freight in vehicles rated at 10,001 pounds or more must carry at least $750,000 in public liability coverage (49 C.F.R. 387.9), and more for hazardous cargo. Compare that with California’s minimum for a private car policy, which is $30,000 for injury to one person (Vehicle Code 16056).
Trucking companies also have to follow federal limits on driving hours (49 C.F.R. 395.3) and keep a qualification file on every driver (49 C.F.R. 391.51). When a company cuts corners, those records can show it. That paper trail often decides who pays, and it can also point to problems the company knew about before your crash, such as a driver with too many hours on the road.
Free accident case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
What if the insurer says you were partly at fault?
California uses pure comparative fault. Your own share of fault lowers what you can recover by that percentage, but it does not stop you from recovering (Li v. Yellow Cab Co.). So even if you changed lanes or braked hard, you may still have a claim against the truck driver. A jury or the insurer weighs everyone’s conduct, and the truck driver’s share is often much larger.
Truck insurers often raise fault early to lower the value of a claim. Do not argue about it at the scene or on the phone with an adjuster. Stick to the facts you know, let the evidence speak, and leave the fault discussion for later. Read more on recovering when you were partly at fault.
What to do now
Get medical care right away, even if you feel fine, and follow your doctor’s plan. Take photos of the truck, its company name and USDOT number, the road and your injuries. Write down witness names and phone numbers, and keep every claim number you are given. If you can, also write a short note on your phone about what you saw and felt, while it is fresh in your mind.
Do not sign a release or give a recorded statement to the trucking company’s insurer before you talk to a lawyer. Keep receipts for medical visits, prescriptions and missed work. The California deadline to sue is generally two years. In Washington it is generally three years (RCW 4.16.080). Do not wait until the last months, because evidence fades.
- See a doctor and keep every appointment
- Photograph the truck, its markings and the scene
- Save witness names and claim numbers
- Do not sign releases or give recorded statements yet
- Keep receipts and a list of missed workdays
How Beverly Law can help
We look at how the crash happened, find out who owns and insures the truck, and ask the company in writing to keep its logs and video. Federal rules only require carriers to keep driver duty records for six months (49 C.F.R. 395.8), so early action matters. We also track down witnesses, request the police report and gather your medical records so the claim is built on facts.
You owe no fees or costs unless we win. Learn more about our California truck accident lawyer services, or read what to do if a semi rear-ended you. The first call is free, and you can ask whatever questions you have about your crash. Call (310) 552-6959 or use the form on this page.
Common questions
Can I sue the trucking company instead of the driver?
Often you can name both. When the driver was working at the time of the crash, the employer is generally responsible for the driver’s careless driving. The company usually has more insurance, so it is normally the main target of the claim, with the driver named as well.
How long do I have to sue a truck driver in California?
Generally two years from the date of the injury for a personal injury lawsuit. If a city or county truck hit you, a written claim is generally due within six months (Government Code 911.2). Talk to a lawyer early so evidence is saved and no deadline is missed.
Will my truck accident case go to trial?
Many truck claims settle before trial, but some do not. The insurer looks at the evidence, your medical records and whether you are ready to go to court. Being prepared to try the case is often what gets a fair offer on the table.
Do I need a police report to sue a truck driver?
A report helps but is not the only evidence. Photos, witness statements, the truck’s electronic records and dashcam video can all show what happened. If police came, a lawyer can request the report for you, and you can request it yourself as an involved party (Vehicle Code 20012).
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · What causes a truck to jackknife? · All car and truck accident questions
Sources
- Cal. Code Civ. Proc. § 335.1
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- 49 C.F.R. § 387.9, Table 1
- Cal. Veh. Code § 16056(a)(2), (d) (as amended by SB 1107, Stats. 2022, ch. 719); Cal. Ins. Code § 11580.1(b)(1)
- 49 C.F.R. § 395.3(a)(1)-(3)
- 49 C.F.R. § 391.51(a)-(b)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- RCW 4.16.080(2)
- 49 C.F.R. § 395.8(k)(1)
- Cal. Gov. Code § 911.2(a); see also §§ 911.4, 945.4
- Cal. Veh. Code § 20012
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.