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The truck driver
A truck driver who follows too closely, drives too fast for the road or turns without looking can be held responsible like any other driver. The size of the truck does not change that basic rule. California law says a driver must not follow another vehicle more closely than is reasonable and prudent for the speed, traffic and road (Vehicle Code 21703).
Truck drivers also face federal rules. They may not drive while too tired or ill to drive safely (49 C.F.R. 392.3), and they must stay within hours-of-service limits. A driver who breaks those rules is easier to hold responsible, and the records often lead back to the company. Logs, dispatch messages and fuel receipts can show whether the schedule pushed the driver past safe limits.
The trucking company
When the driver is an employee driving within the scope of the job, the company is generally liable for the driver’s negligence. The company’s own choices, such as hiring a driver with a poor record or skipping maintenance, can also matter, and a lawyer can check whether they support a separate claim. Carriers must keep a qualification file for each driver, including the driver’s application, motor vehicle record and medical certificate (49 C.F.R. 391.51).
Many drivers are called independent contractors or owner-operators. That label does not settle the question by itself. See our page on owner-operators and company drivers for how this plays out. Who controlled the truck, the route and the schedule usually matters more than the title on a contract. The truck may also carry a company’s name and USDOT number that tell you whose authority it ran under.
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Brokers, shippers and repair shops
A freight broker arranges the load but usually does not own the truck or employ the driver. Whether a broker can be held responsible depends on how much control it had and how carefully it chose the carrier. The answer depends on the contracts and the facts, and a lawyer can check them.
A shipper or loader may share fault if a badly loaded trailer shifted. Federal rules require cargo to be contained, immobilized or secured so it does not shift or fall (49 C.F.R. 393.100). A repair shop may share fault if poor work caused a brake or tire failure. Each of these businesses may carry its own insurance.
What to do now
Write down the names on the truck doors and trailer, the USDOT number and any company names on the paperwork you are given. Photograph everything, get medical care and keep the claim number from each insurer that calls you. You may hear from more than one company, and keeping notes on who called and when will help later.
Do not give a recorded statement or sign anything for a trucking or broker insurer before talking to a lawyer. Keep receipts and a list of missed work. In California the general deadline to file an injury lawsuit is two years (Code of Civil Procedure 335.1), and in Washington it is generally three (RCW 4.16.080). Claims against more than one company take time to build, so start early.
How Beverly Law sorts out liability
We request the driver file, logs, dispatch records and the broker and shipping contracts, and we look up the carrier’s public safety record (FMCSA SAFER). Read how to look up a trucking company’s safety record to check it yourself. A history of inspections, violations or crashes can help show what the company knew before your crash happened.
Naming every responsible party can matter because each one may have its own insurance. You owe no fees or costs unless we win. Visit our California truck accident lawyer page or see what drives the value of a truck case. The first conversation is free. Call (310) 552-6959 or use the form on this page.
Common questions
Is the trucking company liable if the driver was an independent contractor?
It can be. The answer depends on how the relationship actually worked, including who controlled the schedule, the truck and the route, and whose operating authority the truck ran under. The contract label is only one piece. A lawyer can review the paperwork and the carrier’s records.
Can I sue the freight broker after a truck crash?
Sometimes. It depends on how the broker chose the carrier, how much control it had over the trip and what the contracts say. These claims are fact-heavy and contested, so have a lawyer look at the shipping documents before deciding.
Who pays if the cargo fell off the truck?
The carrier, the driver and whoever loaded the cargo may all share responsibility. Federal rules require cargo to be secured so it does not shift or fall. Photos of the load, straps and debris help show who was in charge of securing it.
What if more than one company was at fault?
Each responsible party can be included in the claim, and fault can be split among them. That can bring more insurance into play. California’s comparative fault rules (Li v. Yellow Cab Co.) apply to everyone involved, including you if the insurer says you share some blame.
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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
Can I sue a truck driver for hitting me? · 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
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- Cal. Veh. Code § 21703
- 49 C.F.R. § 392.3
- 49 C.F.R. § 391.51(a)-(b)
- 49 C.F.R. § 393.100(b)-(c)
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
- FMCSA SAFER Company Snapshot; FMCSA SMS; FAST Act of 2015, Pub. L. 114-94, § 5223
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
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.