By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt by a dump, tow or garbage truck?
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What to do after a work truck crash in California
- Get medical care the same day.
- Photograph the truck. Get the company name, any USDOT or CA number, the plate, the unit number on the cab or body, and any city or county seal. A public agency’s truck puts you on a six-month clock.
- Photograph the road. Spilled gravel, skid marks and cones are usually gone within hours.
- Get the police report (how) and witness names.
- Ask the company in writing to keep its data and video before it is overwritten. See truck black box and dashcam evidence.
- Hold off on a recorded statement to the truck’s insurer until you get advice (why).
Five kinds of work trucks and the rules that often decide fault
| Truck | Common crash patterns | Rule that often matters |
|---|---|---|
| Dump and gravel trucks, including end-dump trailers | Rock and dirt falling from the bed, wide turns, rear-end crashes at signals | Aggregate must ride in a sealed cargo area and be covered unless it stays six inches below the top edge (Veh. Code § 23114). Trucks with three or more axles, or towing a trailer, are limited to 55 mph (§ 22406). See dump truck accidents. |
| Garbage and recycling trucks | Backing, pulling away from the curb, trash blowing out | A truck carrying garbage or anything headed for disposal or recycling must be totally covered on the highway, except while it is picking up its load (§ 23115). See garbage truck accidents. |
| Tow trucks | Entering traffic from a shoulder, a towed car coming loose | Drivers approaching a stationary tow truck with flashing amber lights must move out of the adjacent lane if practicable, or slow to a safe speed (§ 21809). See tow truck accidents. |
| Tankers (fuel, chemicals, water, dry bulk) | Rollovers, spills, fires, head-on crashes on two-lane highways | Higher insurance minimums for petroleum and hazardous loads (§ 34631.5; 49 C.F.R. § 387.9). See tanker truck accidents. |
| Cement mixers and ready-mix trucks | Tip-overs on turns, concrete spills, collisions near job sites | No load may drop, sift, leak or spill from a vehicle (§ 23114(a)). See cement mixer accidents. |
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Who can be responsible in California
California holds everyone responsible for injuries caused by a lack of ordinary care (Civ. Code § 1714). These are the parties we look at:
- The driver.
- The employer or motor carrier. A principal is responsible to third persons for the negligence of its agent in the business of the agency (Civ. Code § 2338). See company vehicle accidents: who is liable and owner-operator or company driver: who pays.
- A separate owner, for a driver using the truck with permission (Veh. Code § 17150). That liability is capped at $15,000 per person unless it arises through an agency or employment relationship (§ 17151).
- The place that loaded the truck. Anyone who provides a location for loading aggregate must also provide a place for drivers to cover the load before they enter a highway (§ 23114(f)). A quarry, plant or job site that sends trucks out uncovered or overloaded can share fault. See falling loads and cargo spills and overloaded truck crashes.
- Whoever maintained it. Carriers must systematically inspect, repair and maintain their vehicles (49 C.F.R. § 396.3), and an outside shop can also be at fault.
- A city, county or district that owns the truck. A public entity is liable for injury caused by an employee’s negligent driving within the scope of employment (Veh. Code § 17001; Gov. Code § 815.2).
- A private hauler under a city contract. The company is sued like any other business. The city answers for an independent contractor only to the extent a private person would (Gov. Code § 815.4).
See who is liable in a truck accident.
City and county trucks: the six-month claim
When a public agency owns the garbage truck, street sweeper or tow unit, the case starts with a government claim. A claim for death or personal injury must be presented no later than six months after the claim accrues (Gov. Code § 911.2). You cannot sue until the agency acts on the claim or it is deemed rejected (§ 945.4). If the agency mails or delivers a written rejection, the lawsuit is due within six months of that notice. If no written notice is given, the deadline is two years from accrual (§ 945.6).
Federal motor carrier safety rules generally do not apply to transportation performed by a state or a political subdivision (49 C.F.R. § 390.3(f)(2)). A truck can carry a city’s name while a private hauler operates it, so when in doubt, we file the government claim inside six months.
Insurance minimums for heavy work trucks
For-hire carriers hauling ordinary freight across state lines in trucks rated at 10,001 pounds or more must carry at least $750,000 in public liability coverage. Oil and most listed hazardous materials require $1,000,000, and certain hazardous substances hauled in bulk in cargo tanks, portable tanks or hopper-type vehicles require $5,000,000 (49 C.F.R. § 387.9).
California sets its own floor for motor carriers of property. The general minimum is a $750,000 combined single limit, or $300,000 for a carrier that runs only vehicles under 10,000 pounds. An intrastate carrier hauling petroleum products in bulk needs $500,000 per person and $1,000,000 per accident for injuries plus $200,000 for property, or a $1,200,000 combined limit. Hazardous-material carriers must meet the federal levels of $1,000,000 or $5,000,000 (Veh. Code § 34631.5(a)). See truck insurance minimums in California and Washington.
Evidence that matters with these trucks
- Engine and telematics data on speed, braking and location just before the crash.
- Video from the truck’s cameras and nearby businesses.
- Route and job records. A garbage truck’s route sheet, a tow truck’s dispatch log, and a dump truck’s or mixer’s load and scale tickets showing what it carried and how much it weighed.
- Driving-time records. Federal rules let a property-carrying driver drive 11 hours after 10 hours off duty and bar driving after the 14th hour on duty (49 C.F.R. § 395.3). Many local dump and garbage drivers fall under the 150 air-mile short-haul exception and keep no logbook, but the carrier must still keep six months of time records showing when each driver reported and was released (§ 395.1(e)(1)). See hours-of-service logs.
- Inspection and repair records. Carriers must keep maintenance records for one year and for six months after a vehicle leaves their control (§ 396.3(c)). Each commercial motor vehicle needs a documented inspection at least once every 12 months (§ 396.17).
- Load securement. Cargo must be loaded and secured so it does not leak, spill, blow or fall from the truck (§ 393.100).
You can also look up a trucking company safety record.
California deadlines and shared fault
| Claim against | Deadline | If you were partly at fault |
|---|---|---|
| Private company, driver, owner, loader or repair shop | 2 years to sue (Code Civ. Proc. § 335.1) | Your award is reduced by your share and never barred (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804) |
| City, county or other public agency | Written claim within 6 months (Gov. Code § 911.2); suit within 6 months after a written rejection (§ 945.6) | The same comparative fault rule applies |
For a death claim, see the California wrongful death deadline and comparative fault in California, Texas and Washington.
Recent work truck crashes in California
In September 2026, a man riding an electric bicycle in the marked bike lane on westbound Tully Road near the Highway 101 on-ramp in San Jose was struck and killed by a dump truck. The driver stayed at the scene (our report on the San Jose crash). Later that month, north of Tracy, CHP said a southbound tractor pulling two end-dump trailers and a northbound Honda Civic collided broadside on Mountain House Road, and a passenger in the Honda died (our report on the Tracy crash). In August 2026, on State Route 18 in Lucerne Valley, a double-tanker semi and a BMW SUV collided, both drivers were hurt, and powder cement spilled across the road (our report). The causes were still under investigation when we reported them.
Caltrans counts 13,106 people killed or seriously injured from 2014 through 2023 in crashes involving commercial vehicles (trucks, buses and coaches), 7% of all such victims statewide. Of those, 62% were hurt on state highways (Caltrans SHSP commercial vehicles fact sheet, SWITRS data). We handle cases statewide, including Los Angeles truck accidents.
Related pages
- Texas dump, tow, garbage and tanker truck accident lawyer
- Washington dump, tow, garbage and tanker truck accident lawyer
- California truck accident lawyer and California delivery truck accident lawyer
- Wide right turn truck accidents and truck blind spot crashes
- California wrongful death lawyer
Common questions
Who pays if a city garbage truck hit me in California?
The city, if its employee was driving within the scope of the job. You must present a written government claim within six months of the crash, and you can sue only after the claim is rejected or deemed rejected.
What if a private trash company was collecting for the city?
Then the claim is usually against that company, and the two-year deadline applies. If you are not sure who ran the truck, file the six-month government claim anyway.
Rocks fell off a dump truck and hit my car. Who is responsible?
California bars any load from spilling from a vehicle and requires aggregate loads to be covered. The driver and the carrier are the starting point, and the site that loaded the truck may share fault.
A tow truck pulled out in front of me. Is the tow company liable?
It can be. A tow driver owes ordinary care like anyone else, and the company answers for its employee’s negligence on the job.
How much insurance does a fuel tanker carry?
At least $1,000,000 for oil hauled interstate, and $5,000,000 for certain bulk hazardous substances. A California carrier of bulk petroleum within the state needs a $1,200,000 combined limit or the equivalent split limits.
How long do I have to sue after a work truck crash in California?
Two years against a private company or driver. Against a city, county or other public agency, the written claim is due within six months.
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California work truck accident lawyer — Beverly Law
Hit by a dump truck, tow truck, garbage truck, tanker or cement mixer? Send us a photo of the truck and we will work out who ran it and which deadline applies. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Cal. Veh. Code § 23114
- Cal. Veh. Code § 23115
- Cal. Veh. Code § 21809
- Cal. Veh. Code § 22406
- Cal. Veh. Code § 17150
- Cal. Veh. Code § 17151
- Cal. Veh. Code § 17001
- Cal. Veh. Code § 34631.5
- Cal. Civ. Code § 1714
- Cal. Civ. Code § 2338
- Cal. Gov. Code § 815.2
- Cal. Gov. Code § 815.4
- Cal. Gov. Code § 911.2
- Cal. Gov. Code § 945.4
- Cal. Gov. Code § 945.6
- Cal. Code Civ. Proc. § 335.1
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- 49 C.F.R. § 387.9
- 49 C.F.R. § 390.3
- 49 C.F.R. § 395.1
- 49 C.F.R. § 395.3
- 49 C.F.R. § 396.3
- 49 C.F.R. § 396.17
- 49 C.F.R. § 393.100
- Caltrans, Strategic Highway Safety Plan, Commercial Vehicles challenge area fact sheet (updated March 2026)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.