Hurt in a Delivery Truck Crash in Bakersfield?

Delivery Truck Accident Lawyer Bakersfield: Who Can Be Held Responsible and What to Do Next

Looking for a delivery truck accident lawyer in Bakersfield? You may have a claim against the driver, the company that owns the truck, or another party whose conduct helped cause the crash. In California, a lawsuit for injury or death caused by the wrongful act or neglect of another generally must be filed within two years (Code Civ. Proc. § 335.1). Claims against public agencies have a much shorter deadline. This guide explains who can be responsible, what to do after a crash, and how the claim process works. Colvin Accident Lawyers is based in Bakersfield, California.

What a Delivery Truck Accident Case Covers and Who It Is For

A delivery truck accident case covers crashes involving delivery trucks, box trucks, step vans, and other commercial delivery vehicles on Bakersfield and Kern County roads. Drivers, passengers, pedestrians, and cyclists hurt in these crashes may bring a claim. If a crash causes a death, certain family members may bring a wrongful death claim.

California law names who may bring a wrongful death claim. These include a surviving spouse, domestic partner, children, and certain dependent or qualifying family members. See Code of Civil Procedure § 377.60.

Delivery vehicles differ from passenger cars in ways that matter. They are heavier. Many run on company schedules and set routes. Many belong to a business with a fleet. Those facts can add parties and records to the case.

Federal rules also set minimum insurance levels for certain for-hire carriers. These rules apply to vehicles rated at 10,001 pounds or more in interstate commerce. See 49 C.F.R. § 387.9. Because the rules depend on the vehicle and how it is used, the review starts with what the vehicle is and who was operating it. For a broader overview, read our truck accident claims guide.

Who Can Be Held Responsible in a Delivery Truck Crash

The driver, the vehicle owner, and sometimes the delivery company or another business can all be responsible. Yes, you can sue a truck driver whose careless driving caused your injuries.

California law makes a person responsible for injuries caused by a lack of ordinary care. See Civil Code § 1714.

Ownership matters too. Under California law, a vehicle owner is liable for death or injury caused by a negligent act in the vehicle’s operation. That applies when the person driving had the owner’s permission. See Vehicle Code § 17150. This can reach a company that owns its delivery fleet.

A delivery company may also face claims based on its own conduct. Other possible parties include a maintenance contractor, a contracted delivery service, or a freight broker.

If a public agency owned the truck, the deadline is much shorter. For injury to a person or death, a written claim generally must be presented within six months. See Government Code § 911.2. Under Government Code § 911.2, a claim for injury to a person must be presented as provided in Article 2 (commencing with Section 915) not later than six months after the cause of action accrues; the rule on when a lawsuit may be filed against a public entity is in a separate section, Government Code § 945.4. See Government Code § 945.4.

Several insurers may be involved, and each policy has limits. That is why finding every responsible party matters.

Common Causes and Injuries in Delivery Truck Crashes

Common causes include distracted driving, fatigue, speeding, unsafe lane changes, backing mishaps, and fast turns in neighborhoods. Equipment failures and unsecured loads can also cause crashes.

Speed must fit the conditions. California law bars driving faster than is reasonable or prudent for weather, visibility, traffic, and the road. See Vehicle Code § 22350.

Hours and fatigue are a federal concern for commercial drivers. See 49 C.F.R. § 395.3. See 49 C.F.R. § 392.3. Tight delivery windows can push drivers toward long days, so logs and schedules often matter.

Injuries often include spinal and head injuries, broken bones, internal injuries, crush injuries, and burns. For more on injury types, see common injuries in semi-truck crashes. Some injuries show symptoms later. A prompt medical evaluation helps document them.

What to Do Right After a Delivery Truck Crash

Get everyone to safety, call 911, and start documenting the scene. These steps protect your health and your claim.

• Check on passengers and other drivers, and move to safety if you can.
• Call 911 and make sure a police report is made.
• Write down the officer’s name and the report number.
• Photograph vehicle positions, damage, company markings, the license plate, the DOT number, skid marks, road conditions, and visible injuries.
• Collect names and contact details of witnesses.
• Record the driver’s name, employer, and insurer as shown on the paperwork.
• Get medical care. Keep every bill, appointment note, and prescription receipt.
• Be careful with recorded statements to the company or its insurer before the facts are reviewed.

Evidence can also disappear. A delivery company may hold electronic logging device data, dispatch records, route and app data, dash camera footage, and maintenance logs. Asking early for that evidence to be kept is important.

How a Delivery Truck Claim Works: Steps and Timeline

A delivery truck claim usually moves from a first consultation to evidence gathering, a settlement demand, and a lawsuit if needed.

1. First consultation. The first consultation is free, confidential, and carries no obligation to continue. The crash facts and documents are reviewed.
2. Evidence preservation. Letters can ask the responsible parties to keep logs, dispatch and route records, and camera footage.
3. Investigation. The case team gathers scene information, reviews vehicle and maintenance history, and collects medical records.
4. Damages documentation. Bills, lost wages, and future care needs are organized.
5. Demand and negotiation. A demand goes to the insurer, and negotiations begin.
6. Lawsuit if needed. California law generally gives two years to file a personal injury or wrongful death lawsuit. See Code of Civil Procedure § 335.1. The California Courts Self Help Guide explains that this general rule has exceptions and tolling (rules that pause the clock).

Some cases settle, and some go to trial. Timing depends on the injuries, the insurers, and whether a lawsuit is filed.

What Damages Can Be Recovered and What Affects the Value of a Claim

Injured people can seek economic losses, such as medical bills and lost wages. They can also seek non-economic losses, such as pain and suffering. Non-economic damages are subjective losses, such as pain, suffering, and emotional distress. See Civil Code § 1431.2.

Damages are meant to compensate for the harm caused. See Civil Code § 3333.

In personal injury, property damage, and wrongful death actions based on principles of comparative fault, a defendant’s liability for non-economic damages is several only, not joint, and is limited to the share allocated in direct proportion to that defendant’s percentage of fault (Cal. Civ. Code § 1431.2). An injured person’s own negligence reduces recovery in proportion to fault, but it does not bar the claim. See Daly v. General Motors, which restates the rule from Li v. Yellow Cab Co. For non-economic damages, each defendant is generally liable only for its own share of fault. See Civil Code § 1431.2 above.

The value of a claim turns on the injuries, each party’s share of fault, insurance limits, and the strength of the proof. No lawyer can predict an exact amount for any case.

Why Work With Colvin Accident Lawyers in Bakersfield

Colvin Accident Lawyers is a personal injury practice based in Bakersfield, California. Donald Norman Colvin is the lawyer.

• The lawyer: Donald Norman Colvin is the lawyer at this practice.
• The staff: The practice has assistants and office staff. Our team supports the work of each case and keeps communication clear.
• The area: The practice represents accident victims and families in Kern County. It also works with people in Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.
• The practice areas: Car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, wrongful death, and catastrophic injury claims.

Our team explains each step in plain language. You’ll know what happens next and why.

Frequently Asked Questions About Delivery Truck Accident Claims

Talk to Colvin Accident Lawyers About Your Delivery Truck Crash Now

If a delivery truck crash has injured you or a family member, the time to act is now. Dispatch records and camera footage can be lost, and legal filing deadlines keep running. Call Colvin Accident Lawyers or use the contact form to set up your consultation with Donald Norman Colvin.

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