What the claim involves
A commercial truck comes with a rulebook that no ordinary driver has to follow, and a truck crash case starts there.
A commercial truck is not just a larger car. A motor carrier that runs a truck rated at 10,001 pounds or more in interstate commerce must follow the Federal Motor Carrier Safety Regulations, and the driver of a truck or combination rated at 26,001 pounds or more must hold a commercial driver’s license (49 CFR §§ 383.5, 383.23, 390.5). The carrier may use only qualified drivers and must keep a file on each one (§§ 391.11, 391.51); must test drivers who need that license for drugs and alcohol, including after a serious crash (§§ 382.301, 382.303, 382.305); may not let a driver drive more than 11 hours in a 14-hour window after 10 hours off (§ 395.3); may not let a driver drive while fatigued or within four hours of using alcohol, or text or use a hand-held phone at the wheel (§§ 392.3, 392.5, 392.80, 392.82); must systematically inspect, repair, and maintain every truck (§§ 396.3, 396.11, 396.17); must carry at least $750,000 in liability coverage for ordinary freight carried for hire across state lines (§ 387.9); and must require its drivers to follow these rules (§ 390.11). In California, the Highway Patrol regulates the safe operation of the same trucks and sets its own rules on driver testing, hours of service, inspection, maintenance, and recordkeeping, consistent with the federal hours-of-service rules (Vehicle Code §§ 34500, 34501, 34501.2). When a violation causes the kind of harm the rule exists to prevent, California presumes the violator failed to use due care, subject to rebuttal (Evidence Code § 669).
Kyle Scott Law represents people hurt by big rigs, tractor-trailers, delivery trucks, dump trucks, and other commercial vehicles from its Tustin office, across Orange County and on the freeways that carry the freight: the 5, the 55, the 405, the 91, and the 57, where the CHP investigates the crash. The firm sends the carrier and its insurer a written demand to preserve the driver’s logs, the truck’s electronic data and camera video, and the inspection and maintenance records before the retention periods run out, obtains the CHP report and the post-crash inspection, and identifies every company behind the truck and every policy that covers it. When an insurer disputes fault or will not offer a fair settlement, the firm files suit in the Orange County Superior Court in Santa Ana and prepares the case for trial.
Who answers for the truck
The driver is rarely the only one. The motor carrier answers for its driver’s negligence on the job (Civil Code § 2338) and for its own choices: whom it hired, what the driver’s qualification file showed, how it dispatched, and whether it required its drivers to follow the safety rules (49 CFR §§ 390.11, 391.11, 391.51). The owner of a truck or trailer that someone else drives with permission is liable for that driver’s negligence, within limits set by statute (Vehicle Code §§ 17150, 17151). Whoever loaded the cargo shares the duty to keep it from shifting, spilling, or falling (49 CFR §§ 392.9, 393.100), a maintenance contractor answers for its own careless work, and no shipper or broker may encourage or require a carrier to break the rules (§ 390.13). The firm identifies each of them from the first records.
Hours of service and fatigue
A property-carrying driver may not drive without 10 consecutive hours off, may not drive past the 14th hour after coming on duty, may drive no more than 11 hours in that window, must take a 30-minute break before driving past eight hours, and may not drive after 60 hours on duty in seven days or, for a carrier that runs every day, 70 hours in eight (49 CFR § 395.3). A truck that never leaves California runs under the CHP’s version of the rule, which allows 12 hours of driving and 80 hours on duty in eight days (Vehicle Code § 34501.2(b)). Whatever the limit, no driver may drive while fatigue or illness makes it unsafe, and no carrier may require or permit it (49 CFR § 392.3). Most trucks now record duty status on an electronic logging device (§ 395.8(a)(1)), which makes the hours a matter of record rather than memory.
The records that disappear
The rules that create the records also let the carrier discard them. Driver inspection reports need be kept only three months (49 CFR § 396.11(a)(4)), driver logs and the documents that back them up six months (§ 395.8(k)(1)), electronic-log backups six months (§ 395.22(i)), maintenance records a year (§ 396.3(c)), the accident register three years (§ 390.15(b)), and California’s own 90-day inspection records two years (Vehicle Code § 34505.5). The federal rules set no retention period for dash-camera or forward-facing camera video, the truck’s engine data, or dispatch messages, so those can be overwritten within days. The firm therefore sends a written preservation demand to the carrier and its insurer at the start of the case, before the ordinary course of business erases the evidence.
The coverage behind the truck
Trucks carry more insurance than cars because the law requires it. A for-hire carrier moving ordinary freight across state lines must carry at least $750,000 in liability coverage, and far more for hazardous cargo (49 CFR § 387.9); a California motor carrier of property must carry $750,000 as well, or $300,000 if it runs only vehicles under 10,000 pounds (Vehicle Code § 34631.5). Several policies can apply to one crash: the carrier’s, the trailer owner’s, a leasing company’s, and the driver’s own. The firm reads each one, and the injured person’s own underinsured-motorist coverage, before any demand is made.
Cases the firm reviews
Common truck accidents matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common truck accidents questions.
Common questions
Questions about truck accidents claims.
Why is a truck crash case different from a car crash case?
Three reasons. The truck and its driver are governed by federal and CHP safety rules that an ordinary driver never has to think about, down to the 55-mile-per-hour limit and the right-hand lanes for a truck pulling a trailer on the 5 or the 91 (Vehicle Code §§ 22406, 21655), and a broken rule is evidence of negligence (Evidence Code § 669). Several parties can be responsible, each with its own insurer, and they begin investigating within hours. And the physics are different: the DMV’s handbook warns that a large vehicle takes much longer to stop than a car at the same speed, that a loaded truck takes longer than an empty one, that a truck driver cannot see a car whose driver cannot see the truck’s mirrors, and that a long truck must swing wide to turn.
Who can be held responsible after a truck crash?
Potentially the driver, the motor carrier that employed or dispatched the driver (Civil Code § 2338; 49 CFR § 390.11), the owner of the truck or trailer if it was not the carrier (Vehicle Code §§ 17150, 17151), the shipper or loader who secured the cargo (49 CFR §§ 392.9, 393.100), a maintenance contractor whose work failed, and a broker or shipper that pushed the carrier to break the rules (§ 390.13). Which of them answers depends on the contracts, the lease, the bill of lading, and the records, which is why the firm asks for those first.
How many hours can a truck driver legally drive?
Under the federal rule, a property-carrying driver may drive up to 11 hours within 14 hours of coming on duty, after 10 consecutive hours off, with a 30-minute break before driving past eight hours, and may not drive after 60 hours on duty in seven days or, for a carrier that runs every day, 70 hours in eight (49 CFR § 395.3). A driver who stays inside California may drive up to 12 hours and may not drive after 80 hours on duty in eight days under the CHP’s rule (Vehicle Code § 34501.2(b)). The electronic logging device, the carrier’s dispatch records, fuel receipts, and toll and weigh-station records show whether the driver was within the limit.
Will the truck driver be tested for drugs or alcohol after the crash?
Often, and the result is evidence. A carrier must test a driver who needs a commercial driver’s license for alcohol and drugs after any crash that takes a life, and after a crash in which the driver is cited for a moving violation and someone is treated for an injury away from the scene or a vehicle has to be towed (49 CFR § 382.303). The alcohol test is supposed to happen within two hours, the carrier must record why if it does not, and it must give up after eight; the drug test must happen within 32 hours. Separately, no driver may use alcohol within four hours of going on duty or have any alcohol in the body while driving (§ 392.5). The firm requests the test results, and the carrier’s stated reasons if no test was done.
What is a preservation letter, and why does the firm send one right away?
A preservation letter is a written demand that the carrier, its insurer, and anyone else holding evidence keep it. It matters because the federal rules let a carrier discard driver inspection reports after three months (49 CFR § 396.11(a)(4)) and driver logs and supporting documents after six (§ 395.8(k)(1)); nothing in the federal rules sets a retention period for camera video or the truck’s engine data. The letter names the truck, the driver, the date, and the records, and it puts the carrier on notice that destroying them afterward will be raised in the case.
The trucking company’s insurer called me the day after the crash. Should I talk to them?
Not before you have advice. Carriers and their insurers often send investigators to the scene within hours and call the injured person before the medical picture is known. You may need to report the crash to your own insurer, but a recorded statement to the carrier’s insurer, a medical authorization, or a quick settlement can limit the claim before the logs, the camera video, and the diagnosis are in hand. The firm handles that contact and speaks for the client from then on.
How long do I have to bring a truck-crash claim?
Most injury lawsuits must be filed within two years of the crash (Code of Civil Procedure § 335.1). If the truck belonged to a city, the County, the State, or a public transit agency, a written government claim is generally due within six months (Government Code § 911.2), and that is the deadline people miss. A driver involved in a crash with an injury, a death, or more than $1,000 in property damage must also report it to the DMV within 10 days (Vehicle Code § 16000). The carrier’s records, though, can be gone in three months, so the practical deadline is much shorter than the legal one.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
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