Big Rig Crash Claims: What to Know After a Semi-Truck Accident

A big rig crash claim seeks money for injuries, property damage, or a death caused by a tractor-trailer or other commercial truck. If you need a big rig crash lawyer in Lancaster, CA, this guide explains how these cases differ from ordinary car crash claims. Colvin Accident Lawyers is based in Bakersfield and serves Lancaster and Palmdale.

What a Big Rig Crash Claim Is and Who It Is For

A big rig crash claim is a legal claim arising from a crash involving a semi-truck, 18-wheeler, or other large commercial vehicle. It can be filed by the injured person or, after a death, only by the persons named in Code Civ. Proc. § 377.60, or by the decedent’s personal representative on their behalf.

These claims often fit people who:

• Were driving or riding in a car or SUV struck by a large truck
• Ride a motorcycle or bicycle, or walk, and were hit by a truck
• Are the family of someone killed in a truck crash

Trucks share roads with local drivers on SR-14 (Antelope Valley Freeway), Sierra Highway, and many Lancaster and Palmdale streets. A civil injury claim is a separate matter from any criminal case. Keep this in mind when reading a police report, because the report is one piece of the picture.

What a Big Rig Claim Can Cover

A big rig claim can seek the losses the crash caused. For the breach of an obligation not arising from contract, California law measures damages as the amount that compensates for all the detriment proximately caused by the wrong. In practice, that often includes:

• Medical costs: emergency care, hospital stays, surgery, rehabilitation, medication, and future care tied to the crash
• Lost income: time off work and any reduced ability to earn
• Property damage: vehicle repair or replacement, towing, and rental costs
• Pain and suffering: harm to health and daily life
• Wrongful death losses: for families, funeral costs and lost financial support and companionship

Fault is decided case by case. A driver also may not go faster than is reasonable or prudent for conditions. The carrier, the truck owner, a repair contractor, or a cargo loader may share responsibility, depending on the facts.

Why Big Rig Cases Differ From Ordinary Car Accident Claims

Big rig cases differ because federal trucking rules and company records often matter as much as the crash. Evidence can disappear quickly, so early steps count.

• Hours and logs: a motor carrier must keep records of duty status and supporting documents for at least 6 months from the date of receipt. Those records show when and where the driver worked and drove.
• Driver files: each driver’s qualification file must be kept while the driver is employed and for three years afterward.
• Testing: after certain serious crashes, federal rules require testing surviving drivers for alcohol as soon as practicable, including crashes that cause a death.
• Electronic data: many trucks carry electronic logging devices and onboard recorders that store speed, braking, and location data. That data can be lost if no one asks for it early.
• Multiple parties: the driver, the carrier, and a broker that chose the carrier may all be involved.

Trucks are often repaired or sent to salvage. Ask early for the vehicle and its data to be kept.

How a Big Rig Crash Claim Works, Step by Step

A claim usually moves through a few stages, though timing varies from case to case. No fixed timeline can be promised.

1. Free first consultation: review the crash, your injuries, and any papers you have received.
2. Request trucking records and vehicle data in the same period.
3. Document medical care: gather treatment records and show how the injury affects work and home life.
4. Identify every responsible party: find the driver, carrier, and any other parties, along with their insurers, then present the claim.
5. Negotiate or file suit: many claims resolve through negotiation. If needed, a lawsuit can be filed.

Time limits matter. Under Code Civ. Proc. § 335.1, the two-year limit applies to actions for injury to a person or death caused by another’s wrongful act. These are general limits, and the facts of each case decide which rule applies.

Wrongful Death and Catastrophic Injury Truck Cases

A wrongful death claim can be brought by certain family members after a loved one dies in a truck crash. Under Code Civ. Proc. § 377.60, the surviving spouse, domestic partner, and children, or, if there is no surviving issue of the decedent, the persons who would be entitled to the property of the decedent by intestate succession, may assert the claim. Certain dependent relatives may also bring it, whether or not they qualify under the spouse, domestic partner, and children group: if they were dependent on the decedent, they may be the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased. A minor who resided in the decedent’s household for the previous 180 days and was dependent on the decedent for one-half or more of the minor’s support may also bring it, or the decedent’s personal representative may bring it on their behalf.

Catastrophic injuries, such as traumatic brain injury, spinal cord injury, amputation, and severe burns, often need long-term medical planning. These cases can involve years of care and changes to work and family life.

Families handling a death or serious injury are also handling grief and medical decisions. Keeping records together from the start can make the next steps easier. Our team can help organize those papers during the first conversation.

Common Questions About Big Rig Crash Claims

Most readers ask what a claim is worth, what it costs, and whether they can sue the driver. Short answers follow.

How much is a big rig crash claim worth?

The value depends on injuries, treatment, lost income, who is responsible, and available insurance. No amount is stated here.

What percentage do truck accident lawyers take?

Fee terms are explained during the consultation, before you decide anything.

Can you sue a truck driver?

Yes. A driver can be a defendant, and the carrier or other parties may be named too, depending on the facts.

Does California reduce recovery if I share some fault?

What should I say to an insurance adjuster?

Stick to facts you know. Avoid guessing about fault, speed, or injuries.

Why Colvin Accident Lawyers for Antelope Valley Truck Crash Claims

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. The firm represents accident victims and families in car, truck, motorcycle, bicycle, pedestrian, bus, train, dog bite, premises liability, catastrophic injury, and wrongful death cases.

Our team serves Lancaster, Palmdale, Kern County, Fresno, Visalia, Delano, and Tehachapi. Donald Norman Colvin is the responsible lawyer for this page.

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

If you are searching for a big rig crash lawyer in Lancaster, you may be dealing with injuries, a loss, or paperwork you never expected. Contact us to talk through what happened and what your options look like.

Colvin Accident Lawyers, Bakersfield, California, responsible for this site. Responsible lawyer: Donald Norman Colvin.