Most truck accident lawyers work on a contingency fee: a percentage of what is recovered, set in a signed written agreement, with nothing earned if nothing is recovered (Bus. & Prof. Code 6147). Case costs are separate and usually higher than in a car case. Deadlines to sue are generally two years in California (CCP 335.1) and Texas (CPRC 16.003), three in Washington (RCW 4.16.080).
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What is a contingency fee in a truck accident case?
The fee structure works the same way it does in a car crash case, and our page on what a car accident lawyer costs walks through the general rules. The short version for each state:
- California: the agreement must state the percentage, explain how costs affect the fee and your recovery, and say the fee is not set by law and is negotiable. If those terms are missing, you can void the agreement and the lawyer is limited to a reasonable fee (section 6147).
- Texas: a contingent fee contract must be in writing and signed by both you and the lawyer (Government Code 82.065).
- Washington: the agreement must be signed by you and state the percentage for settlement, trial or appeal (RPC 1.5(c)).
No court or state bar in these three states publishes a standard percentage for truck cases. Where the agreement uses a higher percentage after a lawsuit is filed or at trial, Texas and Washington require each step to be written out (Texas rule 1.04(d)). Truck cases go into litigation more often than small car claims, so that later percentage matters more here.
Why does a truck accident case cost more to build?
A trucking company has records a passenger car driver never keeps, and federal rules let some of them be discarded within months:
- Driver hours and electronic logging records must be kept for at least 6 months (49 CFR 395.8).
- Inspection, repair and maintenance records must be kept for 1 year, and for 6 months after the truck leaves the carrier’s control (49 CFR 396.3).
- The carrier’s accident register is kept for 3 years after each crash (49 CFR 390.15).
- Post-accident alcohol and drug testing of the driver is required after a fatal crash, and after an injury or tow-away crash only if the driver is cited; attempts stop after 8 hours for alcohol and 32 hours for drugs (49 CFR 382.303).
Getting and using that evidence costs money. Preservation letters and subpoenas go out early. The truck’s engine control module (ECM) can hold speed, braking and throttle data from just before impact, and downloading it properly takes trained technicians and equipment. An accident reconstruction engineer may model the crash. Trucking safety consultants, doctors and economists may be hired to testify. Each of those is a case cost, separate from the lawyer’s fee.
What is the difference between the fee and the costs?
The fee pays the lawyer. Costs pay everyone else: court filing fees, depositions, records, hired witnesses and the ECM download. In California, the agreement must explain how costs affect your recovery (State Bar instructions). Texas and Washington require it to say whether costs come out before or after the fee is figured.
Only some costs can be shifted to the other side if you win. California lets the winning party recover items such as filing fees and deposition costs, but not fees for witnesses the court did not order or investigation expenses (CCP 1033.5). In a truck case, those excluded items are often the largest ones.
Example only. These figures are invented to show the arithmetic. The 30 percent figure is not a typical, recommended or Beverly Law rate. Your agreement and your facts decide the real numbers.
| Step | Costs out after the fee | Costs out before the fee |
|---|---|---|
| Settlement | $300,000 | $300,000 |
| Amount the fee is figured on | $300,000 | $260,000 (after $40,000 costs) |
| Fee at 30 percent | $90,000 | $78,000 |
| Costs repaid | $40,000 | $40,000 |
| Left before liens | $170,000 | $182,000 |
How do multiple defendants and insurers affect the cost?
A truck crash can involve the driver, the motor carrier, a trailer owner, a broker, a shipper or a repair shop. Each one can have its own insurer and its own lawyers, which means more depositions and more document fights. That raises costs, but it can also open more insurance. Interstate carriers must carry proof of financial responsibility (49 CFR 387.7), with federal minimums of $750,000 for general freight in trucks of 10,001 pounds or more, $1,000,000 for many hazardous loads and $5,000,000 for certain bulk hazardous cargo (49 CFR 387.9). Those are minimums, not the value of any claim.
Some firms bring in co-counsel on large truck cases. California allows a fee split between firms only with a written agreement, your written consent after full disclosure, and no increase in the total fee because of the split (rule 1.5.1). Texas requires your written consent naming each firm and its share (rule 1.04(f)), and Washington requires your agreement confirmed in writing (RPC 1.5(e)).
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Who pays the costs if the truck case is lost?
California lets a lawyer advance case costs with repayment depending on the outcome (rule 1.8.5), and Texas rule 1.08(d) allows the same. Washington’s general rule says the client remains ultimately liable for advanced litigation expenses (RPC 1.8(e)), so the agreement must tell you plainly what you would owe either way.
The defense’s costs are a separate risk. A Washington party who wins in superior court recovers its costs and disbursements (RCW 4.84.030). In California, if you turn down a formal settlement offer and then do worse at trial, you must pay the defense’s costs from the time of the offer, and the court may also order you to pay for its hired witnesses (CCP 998). With the cost of reconstruction and trucking witnesses, that can be a large number.
What to do now
- Write down your deadline: generally two years in California (CCP 335.1) and Texas (CPRC 16.003), three years in Washington (RCW 4.16.080).
- Talk to a lawyer quickly so preservation letters go out before logs and maintenance records can be discarded.
- Ask for the fee agreement before you sign and read the percentage for settlement and for trial.
- Find whether costs come out before or after the fee, and what happens to costs if there is no recovery.
- Ask whether any other firm will share the fee.
- Keep your signed copy.
Ask us to explain the agreement before you sign
We will go through our fee agreement with you line by line, including how case costs are handled in a truck case. Call Beverly Law at (310) 552-6959 for a free review in English or Spanish. You owe no fees or costs unless we win.
Common questions
Do I pay for the accident reconstruction up front?
Under most contingency agreements the lawyer advances those costs and is repaid from the recovery. Read the costs section to confirm.
Can I negotiate the percentage in a truck case?
Yes, you can ask. In California the agreement must say the fee is negotiable (section 6147). For hourly or flat-fee work, section 6148 requires a written agreement when total expense will likely exceed $1,000 (section 6148).
What if I disagree with the fee at the end?
In California you can ask for fee arbitration, and in most cases the lawyer must take part if you request it. Lawyers must give written notice of that right when a fee dispute arises (State Bar).
Do you handle Texas cases?
Yes. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Related pages
Personal Injury Questions · Truck accident lawyer · How much does a car accident lawyer cost? · Truck insurance claims · Personal injury questions · Law Blog
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Sources
- Cal. Business and Professions Code 6147
- Cal. Business and Professions Code 6148
- State Bar of California: Sample Written Fee Agreement Instructions
- State Bar of California: Rules of Professional Conduct, chapter 1 (rules 1.5, 1.5.1 and 1.8.5)
- State Bar of California: Resolving fee disputes with your attorney
- State Bar of California: Mandatory Fee Arbitration Program
- Cal. Code of Civil Procedure 1033.5
- Cal. Code of Civil Procedure 998
- Cal. Code of Civil Procedure 335.1
- Texas Government Code chapter 82 (section 82.065)
- Texas Disciplinary Rules of Professional Conduct (rules 1.04 and 1.08), Texas Judicial Branch
- Texas Civil Practice and Remedies Code chapter 16 (section 16.003)
- Washington Rules of Professional Conduct 1.5
- Washington Rules of Professional Conduct 1.8
- Revised Code of Washington 4.84.030
- Revised Code of Washington 4.16.080
- 49 CFR 387.7, Financial responsibility required
- 49 CFR 387.9, Financial responsibility, minimum levels
- 49 CFR 390.15, Assistance in investigations and special studies (accident register)
- 49 CFR 395.8, Driver's record of duty status
- 49 CFR 396.3, Inspection, repair and maintenance
- 49 CFR 382.303, Post-accident testing
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.