Hurt in a Truck Accident? Talk With Colvin Accident Lawyers

A trucking company can be held responsible when its driver, its own decisions, or both helped cause a crash. In California, the claim turns on who was at fault, what the carrier knew or should have done, and what the records show. This guide explains how these claims work for people hurt in Kern County.

What Trucking Company Liability Means After a Truck Crash

These claims can arise after car, truck, motorcycle, bicycle, pedestrian, and bus crashes on Kern County roads and highways.

This page is for injured drivers and passengers, and for families of people killed in a commercial truck crash. The core question is simple: can the trucking company be pursued, and what has to happen first?

One crash can involve several parties at once. The driver, the carrier, and other businesses may each play a role, so each one needs a close look.

Who Can Be Held Responsible in a Bakersfield Truck Accident

The driver and the trucking company are the two parties most often named after a commercial truck crash. Other businesses may also be named, depending on the facts.

A driver can be held responsible for negligent driving.

The trucking company can be responsible in two main ways:

• Vicarious liability. California generally holds an employer responsible for an employee’s negligence on the job, even if the employer did nothing wrong itself.
• Direct negligence. The carrier can be responsible for its own choices, such as hiring, keeping, or supervising a driver it knew or should have known was a risk.

That limit makes the facts of each case important.

For pain, suffering, and other non-economic damages, California’s several liability rule applies. Each defendant generally pays only its share of fault for those damages, under Civil Code § 1431.2.

Trucking Company Failures We Examine in Kern County Cases

Our review focuses on whether the carrier followed federal safety rules and its own duties. Those rules create records, and the records often show what happened.

• Hiring and screening. A carrier must keep a driver qualification file for each driver it employs.
• Training and supervision. We look at whether the driver was trained on the route, the equipment, and the load.
• Hours of service. Under 49 C.F.R. § 395.3(a)(2), a driver may not drive after 14 hours on duty that begin after 10 consecutive hours off duty, subject to the adverse-driving-conditions extension in 49 C.F.R. § 395.1(b). A driver may drive 11 hours total in that period, and, except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2), may not keep driving after more than 8 hours without a 30-minute break. See 49 C.F.R. § 395.3.
• Maintenance and inspection. Carriers must systematically inspect, repair, and maintain vehicles under their control, including steering, suspension, wheels, and rims. Maintenance records must be kept for one year. See 49 C.F.R. § 396.3.
• Post-accident testing. After certain commercial vehicle crashes, the employer must test surviving drivers for alcohol as soon as practicable. If a controlled-substance test is not given within 32 hours, the employer must end its attempts. See 49 C.F.R. § 382.303.
• Schedule pressure. Tight delivery deadlines can push drivers toward fatigue. We ask whether schedules affected the driver on the day of the crash.

Evidence to Preserve Early and What Not to Say to the Insurer

Preserving evidence early matters most. Some records are time-sensitive, and the carrier controls many of them.

• Driver and vehicle data. Electronic logging device data, dispatch and GPS records, driver logs, and onboard camera data.
• Scene evidence. Photos, the police report, witness names, and where the truck and debris came to rest.
• Medical records. Records that connect your injuries to the crash, plus follow-up care and treatment dates.

Recorded statements can affect a claim. Talk with us before giving a recorded statement to the trucking company’s insurer. Think carefully before posting about the crash, your injuries, or your activities while recovering.

How a Truck Accident Claim Moves Forward, Step by Step

A truck claim usually moves through five stages. The timing depends on the injuries and the records.

1. First consultation. We review the crash facts, your injuries, and who may be responsible.
2. Investigation and preservation letters. We request logs, maintenance files, and driver records from the carrier.
3. Documenting damages. We gather medical care, lost income, property loss, and how the injury affects daily life or a family.
4. Demand and negotiation. We present the claim to the insurer. Negotiation can take months, depending on the injuries and records.
5. Lawsuit if needed. If a fair resolution is not reached, a lawsuit may be filed in the appropriate California court. Discovery, depositions, and possible trial follow.

Timing rules matter. A personal injury lawsuit generally must be filed within two years, under Code of Civil Procedure § 335.1. The two-year period in Cal. Code Civ. Proc. § 335.1 also applies to an action for the death of an individual caused by the wrongful act or neglect of another. Claims against a public entity have shorter deadlines, so act early.

Why Injured Kern County Residents Contact Colvin Accident Lawyers

Colvin Accident Lawyers is a Bakersfield personal injury firm. It represents people in car, truck, motorcycle, bicycle, pedestrian, bus, train, dog bite, premises liability, catastrophic injury, and wrongful death cases.

Donald Norman Colvin is the responsible lawyer for this page. Our team includes support staff who help with records requests, case organization, and client communication. The firm serves Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Our approach is plain. We review liability and damages with you, explain each step, and do not predict an outcome before the facts are in.

Our first consultation is free, confidential, and carries no obligation to continue.

Frequently Asked Questions About Trucking Company Liability

Here are short answers to common questions about trucking company liability in California.

Comparative Fault and Your Claim in California

Talk With Colvin Accident Lawyers About Your Bakersfield Truck Crash

If a commercial truck left you hurt or took a loved one, the trucking company’s records may be the most important evidence. The sooner those records are requested, the sooner the facts can be reviewed. Contact Colvin Accident Lawyers today to talk through your situation.

Colvin Accident Lawyers, Bakersfield, California. Donald Norman Colvin is responsible for this site.