Hurt in a Truck Accident? Talk to Bakersfield Attorney Donald Norman Colvin

Truck Accident Lawyer in California: Who Pays, What to Do, and How Claims Work

A truck accident claim in California can reach more than the driver. The driver, the company that employed the driver, the truck’s owner, and sometimes a freight broker may each be responsible, depending on the facts. Most California injury lawsuits must be filed within two years, and a claim against a public agency generally has a six-month deadline.

This guide explains who may be liable, how deadlines work, which federal trucking rules often matter, and how fault and damages are handled. Colvin Accident Lawyers is based in Bakersfield. The firm handles car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death cases for clients in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi. Donald Norman Colvin is the California lawyer at the firm, and the firm’s support staff help run the office.

Who can be held responsible in a California truck crash?

In a California truck crash, the driver, the trucking company, the truck’s owner, and sometimes a freight broker may each be responsible. Which of them is responsible depends on who did what before and during the crash.

The driver. California’s general negligence rule says everyone is responsible for injury caused by a lack of ordinary care. Under Civil Code § 1714, that duty applies to how a person manages their own conduct. A driver who speeds, drives tired, or ignores a traffic signal may be negligent.

Lawyers call this vicarious liability, meaning responsibility for someone else’s conduct. A company can also face its own claims, such as negligent hiring, which says the company chose or kept an unsafe driver.

The truck’s owner. California’s vehicle code makes an owner responsible for injury caused by a negligent driver who uses the vehicle with the owner’s permission. The Vehicle Code § 17150 states that owner liability applies “in the business of the owner or otherwise.” Ownership and permission facts often matter, so the details of each vehicle’s ownership should be reviewed.

The freight broker. A broker arranges a shipment but may not drive or own the truck. A negligent-hiring claim against a broker can still exist. Whether a particular broker is liable depends on that case’s facts.

How long do you have to file a truck accident claim in California?

For most injury lawsuits, California gives you two years from the injury. The Code of Civil Procedure § 335.1 sets a two-year limit for an action for injury to a person or for death caused by another’s wrongful act or neglect. Do not assume an exception applies without advice.

When a public agency may be responsible, the deadline is much shorter. A city, county, or public transit vehicle can be part of a truck crash. Under Government Code § 911.2, a claim for death or injury to a person must be presented not later than six months after the claim accrues. Treat six months as the earlier clock whenever a public entity may be involved.

What federal trucking rules can matter in a truck crash case?

Federal rules for commercial trucks set standards for drug and alcohol testing, driving hours, insurance levels, and trailer equipment. These rules can become important evidence. Whether a company followed them depends on the facts of each crash.

Post-accident drug and alcohol testing

After a qualifying crash, federal rules require an employer to test surviving drivers. The federal post-accident testing rule covers crashes involving loss of life, and some crashes with injuries or disabling damage. The rule also says alcohol tests should happen within two hours. If a test is not given within two hours, the employer must keep a record of why. Attempts must stop after eight hours for alcohol and 32 hours for controlled substances. The Federal Motor Carrier Safety Administration explains when these tests are required.

Hours-of-service limits

Federal hours-of-service rules limit how long a property-carrying driver can drive. Except as otherwise provided in § 395.1, the federal hours-of-service rule says a driver of a property-carrying commercial motor vehicle may not drive without first taking 10 consecutive hours off duty. Driving is limited to 11 hours within a 14-hour period. A driver also needs a 30-minute break after 8 hours of driving time. Weekly on-duty limits also apply. Logs showing whether a driver stayed within these limits can matter in a claim.

Minimum insurance levels

The federal rules set minimum financial responsibility levels for trucking companies. Table 1 of the federal schedule of limits for public liability sets a $750,000 minimum level of financial responsibility for for-hire carriage of nonhazardous property in interstate or foreign commerce, for vehicles with a gross vehicle weight rating of 10,001 or more pounds. This is a minimum required by federal rules. It is not a measure of what any particular claim is worth.

Rear impact guards on trailers

Federal standards also cover trailer safety. The rear impact guard standard applies to trailers and semitrailers rated at 4,536 kg or more. Its stated purpose is reducing deaths and serious injuries when light-duty vehicles strike the rear of those trailers. Whether a guard was present or met the standard can be a fact question in a rear-end crash.

How does California fault work if you were partly to blame?

In California, being partly at fault does not automatically bar an injury claim. That is a rule of law, not a prediction for any one case.

When more than one defendant is responsible, the rule for non-economic damages works differently. Under Civil Code § 1431.2, each defendant’s liability for non-economic damages is several only. Each defendant pays only its own percentage of fault, with a separate judgment for that amount. Unlike non-economic damages, which are several only under Civil Code § 1431.2, economic damages, meaning objectively verifiable money losses, remain joint and several, so each defendant may be held jointly liable for the full amount of them.

What kinds of damages can a truck accident claim include?

A truck accident claim can seek economic damages and non-economic damages. Economic damages are money losses you can document, such as medical bills, lost earnings, and property repair costs. Under Civil Code § 1431.2, non-economic damages include pain, suffering, emotional distress, and loss of companionship.

Punitive damages are a separate issue. Civil Code § 3294 allows them only with clear and convincing evidence of oppression, fraud, or malice. For an employer, the statute limits punitive damages based on an employee’s acts. Those limits depend on what the employer knew and did, and on whether an officer, director, or managing agent was involved.

How do fees and costs work with a truck accident lawyer?

When a lawyer takes a case with a contingency fee, California requires a written contract, and you may still be responsible for case costs even if there is no recovery. Under Business and Professions Code § 6147, the contract must be signed by both lawyer and client. The client gets a duplicate copy. It must state the fee rate and how costs will affect the fee and the client’s recovery. It must also say that the fee is not set by law and is negotiable.

Read the written contract before you sign. Ask how costs are handled if there is no recovery. Colvin Accident Lawyers offers a free first consultation — confidential, with no obligation to continue.

What should you do after a truck accident in Bakersfield or Kern County?

After a truck crash, your health comes first. Get checked by a medical professional, even if your injuries seem minor. Keep copies of medical records, bills, photos, and notes about the crash. Write down the truck’s company name, the driver’s name, and any witness contact information you have.

Truck companies keep driver logs, maintenance records, and data from the truck. These records can be important evidence in a truck claim. Keep your own records of the crash, and track any deadlines that apply, including the two-year and six-month rules described above.

Frequently asked questions

Talk with Colvin about your truck crash

If a commercial truck crash hurt you or took someone you love, our team can talk through who may be responsible, in a free, confidential first consultation with no obligation. Contact Colvin Accident Lawyers to start that conversation. Donald Norman Colvin is the California lawyer at the firm.

Colvin Accident Lawyers also handles car, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death cases. The firm is based in Bakersfield, California.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site.