Changing Truck Accident Lawyers in California

Why timing matters more in a truck case

A trucking company starts building its defense the day of the crash. Carriers can have investigators at the scene within hours. Your side needs the same records they are collecting, and much of that material sits on company servers where routine deletion is normal.

The clearest example is the driver’s hours. Under federal rule 49 CFR 395.8(k)(1), motor carriers must keep records of duty status and supporting documents for six months. After that, the law no longer requires the company to keep them. If your first lawyer never sent a preservation letter, the new lawyer has to do it right away.

You have the right to make that change. California follows Fracasse v. Brent: a client may discharge a lawyer at any time, and a discharged contingency lawyer is limited to the reasonable value of the work. Our California switching guide covers the general steps.

Truck evidence a new lawyer has to lock down

• Electronic logging device (ELD) records and the driver’s duty-status history for the days before the crash.
• Engine control module data showing speed, braking and throttle.
• Forward-facing and driver-facing dashcam video, and fleet telematics such as GPS pings.
• Dispatch messages, delivery schedules, bills of lading and fuel receipts that show whether the driver was rushed.
• The driver qualification file, training records and any post-crash drug and alcohol test.
• Inspection and maintenance records for the tractor and trailer, especially brakes and tires.
• The truck itself, before it is repaired and returned to service.

We ask for all of it in writing, early, and we follow up. A carrier that destroys records after a clear request takes a real risk in court.

We also ask what the first firm already has. Sometimes the old lawyer requested the logs and the carrier sent a partial set. Comparing what came in against what the carrier should have tells us where to push in discovery.

More defendants, more insurance, more to catch up on

A truck case rarely has one defendant. The driver, the motor carrier, a freight broker, the shipper or loader, a leasing company and a repair shop can each share responsibility. Each one may have its own insurer and its own lawyer. A new lawyer has to find out who has been named, who was missed, and whether the time to add them is running short.

Trucking defendants also tend to move cases from state court to federal court when they can. If that happened in your case, the new lawyer should check whether a motion to send it back to state court is still possible and what deadlines apply.

Michael Shemtoub has litigated truck accident cases for more than a decade, and we review the full defendant list on every truck file we take over.

California rules that apply to truck crashes

Under Li v. Yellow Cab Co., California applies pure comparative fault. If the trucking company says you cut in front of the rig, your damages are reduced by your share of fault, and you can still recover. That makes reconstruction work, using the truck’s own data, more important than in a typical car case.

The general deadline to file an injury lawsuit is two years under Code of Civil Procedure § 335.1. If a city, county or state truck was involved, or a public road design played a part, a government claim is usually due within six months under Government Code § 911.2. A new lawyer should confirm both dates on day one.

Fees when you switch truck accident lawyers

Your fee does not change when you move your truck case to us. Your former lawyer’s claim for the work they did is paid from our fee, not on top of it. Expert and filing costs the old firm advanced are normally paid back from the recovery, as on any case. If we do not recover money for you, you owe nothing in fees or costs.

One limit applies to every case: if you have already signed a settlement release and the money was paid, the release generally ends your claim, and we cannot reopen it.

How we take over a truck case

We send preservation letters first, then notice to your former lawyer and a request for the complete file, including any expert work already paid for. If a lawsuit is pending, we file the substitution and review every deadline on the court calendar. We deal with the old firm’s fee claim directly. Free reviews in English or Spanish at (310) 552-6959, or send us a message.

Sources

1. Fracasse v. Brent (1972) 6 Cal.3d 784 (scocal.stanford.edu)
2. FMCSA: retention of records of duty status, 49 CFR 395.8(k)(1)
3. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (scocal.stanford.edu)
4. Cal. Code Civ. Proc. § 335.1
5. Cal. Gov. Code § 911.2
6. Cal. Code Civ. Proc. § 284
7. Judicial Council Form MC-050, Substitution of Attorney (Civil)
8. Cal. Civ. Code § 1541