{"id":423,"date":"2026-10-17T08:10:13","date_gmt":"2026-10-17T08:10:13","guid":{"rendered":"https:\/\/34-138-224-95.nip.io\/commercial-truck-crash-claims-kern-county\/"},"modified":"2026-10-24T08:51:52","modified_gmt":"2026-10-24T08:51:52","slug":"commercial-truck-crash-claims-kern-county","status":"publish","type":"page","link":"https:\/\/colvinaccidentlawyers.com\/resources\/commercial-truck-crash-claims-kern-county\/","title":{"rendered":"Commercial Truck Crash Claims Kern County | Colvin"},"content":{"rendered":"\n
<\/span>\"A
\n

Commercial Truck Crashes | Kern County<\/p>

Hurt in a Commercial Truck Crash? Talk With Colvin Accident Lawyers in Bakersfield.<\/h1>

Colvin Accident Lawyers represents injured people and families after truck and big-rig collisions in Kern County and nearby communities. Your first consultation is free, confidential, and comes with no obligation to continue.<\/p>

Get a Free Consultation<\/a><\/div>
Get a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Donald Norman Colvin \u00b7 Published October 17, 2026<\/p>\n\n

\n\n\n

Commercial truck crash claims in Kern County usually turn on three questions: who may be responsible, what evidence matters most, and which deadlines apply. Short answer: the truck driver, the trucking company, and sometimes others can be liable, depending on the facts. Records kept by the trucking company often matter a great deal. This guide explains each question in plain words. It is general information, not advice about your own case. Colvin Accident Lawyers is based in Bakersfield, and Donald Norman Colvin is the lawyer.<\/p>\n

What Makes a Commercial Truck Crash Claim Different from a Car Accident Claim<\/h2>\n

A truck crash claim usually involves a heavier vehicle, federal trucking rules, and more than one company. Heavier vehicles can cause more damage in a crash. Commercial trucks also run under federal rules that govern driving hours, vehicle inspections, and how cargo is loaded. A typical car crash rarely involves rules like these.<\/p>\n

Many truck cases involve several parties. The driver may work for one carrier while hauling freight for another. A broker may arrange the load. Each party may carry its own insurance and keep its own records.<\/p>\n

The trucking company’s records and insurer usually become central to the claim. The company keeps logs, maintenance files, and driver files. Its insurer often controls the pace of the claim and what it offers. That is why early steps matter so much.<\/p>\n

Kern County drivers share Highways 99, 58, and 223 with heavy freight. Our page on 18-wheeler crashes in Bakersfield covers local context in more detail.<\/p>\n\n

\n

If a truck crash has left you hurt or your family grieving, you may have a claim to discuss, and you don't have to face the insurer alone. Contact our office for a free, confidential first consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"White<\/figure>\n

Who Can Be Held Liable After a Truck Crash<\/h2>\n

The driver, the motor carrier, and in some cases others may bear responsibility, depending on the facts. California law starts with a broad rule. Civil Code \u00a7 1714<\/a> makes everyone responsible for an injury caused by a want of ordinary care.<\/p>\n

A trucking company may also answer for its driver’s careless acts. The company’s own conduct can matter too. A company may have hired or kept a driver it knew, or should have known, was unfit.<\/p>\n

Other parties can be involved, too. Someone who loads cargo has duties to secure it. Federal rules require cargo on public roads to be secured so it does not fall or shift in a way that affects the vehicle. Under this federal regulation<\/a>, the rules in this subpart are applicable to trucks, truck tractors, semitrailers, full trailers, and pole trailers. A broker can also face a claim.<\/p>\n

Read the deadlines section below. For more on who you can sue, see can you sue a truck driver.<\/p>\n

Evidence That Matters Most in a Truck Crash Case<\/h2>\n

The most useful evidence in a truck case is often held by the trucking company. Four categories matter most.<\/p>\n

Hours-of-service and electronic logging device (ELD) records show when the driver was on duty and driving. Federal rules limit driving time. Under this federal regulation<\/a>, a driver may not drive without first taking 10 consecutive hours off duty. Under this federal regulation<\/a>, a driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section.<\/p>\n

Dispatch messages and GPS data can show where the truck traveled and when. Engine data can add detail about the truck’s operation before the crash.<\/p>\n

Maintenance and inspection records show the truck’s condition. Under this federal regulation<\/a>, the records required by this section shall be retained where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier’s control.<\/p>\n

Driver qualification files show the carrier’s hiring and screening of the driver.<\/p>\n

Records do not last forever. Under this federal regulation<\/a>, after the required retention periods, the records may be destroyed at the discretion of each company’s management. That is why an early written preservation request matters. It asks the company to keep records it might otherwise discard. For more, see hours-of-service crash rules.<\/p>\n

Evidence to Preserve in the First Days After the Crash<\/h2>\n

Start with the evidence you can safely gather yourself. Photos of the scene, the vehicles, and the road help. Capture the truck’s position, damage, and any cargo spilled or loose on the road.<\/p>\n

Write down the names and phone numbers of witnesses. Note the police report number and the officer’s name, if you received them. Keep a copy of every medical record and bill.<\/p>\n

Prompt medical care matters for your health and for your claim. Doctors’ records made soon after a crash help connect your injuries to the event. Keep a simple written diary of symptoms, pain, missed work, and daily limits. Write these notes while the details are fresh.<\/p>\n

Keep copies of all letters from the trucking company or its insurer. A written preservation request sent early tells the company and insurer to keep records they might otherwise discard. A lawyer can send one for you.<\/p>\n

Common Causes of Truck Crashes on Kern County Roads<\/h2>\n

Truck crashes often trace back to a few recurring problems. Fatigue, cargo that shifts or falls, poor maintenance, and unsafe lane changes come up often in truck cases.<\/p>\n

Highways 99, 58, and 223 carry heavy freight through Kern County. Trucks share these lanes with cars in fast and heavy traffic. Crashes often happen where speeds change quickly, lanes merge, or traffic slows without warning.<\/p>\n

Fatigue is a serious concern. Federal rules say no driver may operate a commercial vehicle when fatigue, illness, or another cause makes it unsafe to do so. Cargo must be secured to prevent shifting that affects the vehicle’s stability. Under this federal regulation<\/a>, each commercial motor vehicle must, when transporting cargo on public roads, be loaded and equipped, and the cargo secured, to prevent the cargo from leaking, spilling, blowing or falling from the motor vehicle.<\/p>\n

Brake problems and other mechanical failures can point to maintenance gaps. Federal rules require parts to be in safe and proper condition at all times. For route-specific detail, see Highway 99 and Highway 58 truck crash claims.<\/p>\n

Federal and California Rules That Set the Standard of Care<\/h2>\n

Federal trucking rules help show what a careful trucking company should have done. They cover driving hours, inspections, cargo loading, and driver fitness. These rules describe what the carrier had to do.<\/p>\n

After certain truck crashes, federal rules require drug and alcohol testing of surviving drivers. Under this federal regulation<\/a>, as soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol each of its surviving drivers who meet the conditions set out in paragraph (a) of this section. If an alcohol test is not given within two hours, the employer must record why. The employer must stop trying to give the alcohol test after eight hours. For controlled substances, the window is 32 hours.<\/p>\n

California’s general negligence rule still applies. Civil Code \u00a7 1714<\/a> focuses on ordinary care. A rule violation is a fact to weigh, not a verdict on its own. The case still depends on what happened and why.<\/p>\n

Hours-of-service issues are often central. Read more in our hours-of-service crash guide.<\/p>\n\n

\n

Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Dealing With the Trucking Company’s Insurer<\/h2>\n

The trucking company’s insurer works for the insurer, not for the injured person. Insurers often contact injured people quickly. They may ask for a recorded statement early in the claim.<\/p>\n

Many people choose to wait until they understand the claim before giving one. Words said early, before medical facts are clear, can be used later to argue fault. Stay calm and factual if you do speak with an adjuster.<\/p>\n

Damages are reduced by that person’s share of fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d<\/a> 804). For example, a person found 70% at fault could still recover 30% of damages.<\/p>\n

Insurers may argue that you share the blame. Knowing this rule helps you respond carefully. For more, see recorded statements and trucking insurers.<\/p>\n

Deadlines That Can End a Truck Crash Claim<\/h2>\n

For most personal injury lawsuits in California, the general deadline is two years. Code of Civil Procedure \u00a7 335.1<\/a> generally requires these lawsuits to be filed within two years.<\/p>\n

Other claims can follow different rules. Wrongful death claims and claims against public entities do not always follow the two-year rule. Do not assume the general deadline fits your case.<\/p>\n

Claims against public entities have an earlier step. Under Government Code \u00a7 911.2<\/a>, a claim against a California public entity for death or injury must be presented within six months after the cause of action accrues. This can matter when a government-owned truck or bus is involved.<\/p>\n

A single crash can involve more than one deadline. Check the dates early. For more, read government truck crash claim deadlines.<\/p>\n

When Criminal Charges and a Civil Claim Run at the Same Time<\/h2>\n

A criminal case and an injury claim are separate matters. A criminal case is brought by the government against a person accused of a crime. An injury claim is brought by the injured person or the family.<\/p>\n

Every case turns on its own facts. A civil claim has its own proof and its own rules. The timing of each matter can affect when records and witnesses are available.<\/p>\n

Civil damages aim to repair the harm. California law sets the measure of damages for a wrongful act as the amount that compensates for all detriment proximately caused. See Civil Code \u00a7 3333<\/a>.<\/p>\n

Punitive damages are a separate category. Under Civil Code \u00a7 3294<\/a>, they may be awarded only if the plaintiff proves oppression, fraud, or malice by clear and convincing evidence. For more, see truck driver criminal charges and civil claims.<\/p>\n

How Results in Truck Crash Cases Depend on the Facts<\/h2>\n

Every truck crash claim depends on its own facts. Fault, the nature of the injury or loss, and the evidence all shape the claim.<\/p>\n

Damages fall into two groups. Civil Code \u00a7 1431.2<\/a> defines economic damages as objectively verifiable monetary losses. These include medical expenses and loss of earnings.<\/p>\n

Non-economic damages are subjective losses. These include pain, suffering, emotional distress, and loss of companionship. Under the same statute, each defendant’s share of non-economic damages is several only. It is in direct proportion to that defendant’s percentage of fault.<\/p>\n

Results described on other pages, or in any lawyer’s past cases, reflect their own facts and law. Results will differ if the facts differ. No honest lawyer can say how your case will turn out.<\/p>\n\n

\"Mechanic<\/figure>\n

Next Steps After a Truck Crash in Bakersfield or Kern County<\/h2>\n

The next steps are simple. Get medical care, keep records, watch the deadlines, and get advice before any recorded statement. Each step protects your position.<\/p>\n

Colvin Accident Lawyers is based in Bakersfield. Donald Norman Colvin is the lawyer, and our team supports the work of the office. We can review your crash details during a free, confidential first consultation. The consultation carries no obligation to continue.<\/p>\n

For how fees and costs work, see how truck accident lawyers are paid.<\/p>\n

Frequently asked questions<\/h3>
Who can be sued after a truck crash in Kern County?<\/summary>

The driver, the trucking company, and sometimes others may be responsible, depending on the facts.<\/p><\/details>

How long do I have to file a truck crash lawsuit in California?<\/summary>

Most personal injury lawsuits must be filed within two years (Code Civ. Proc. \u00a7 335.1<\/a>). Claims against public entities have an earlier six-month claim step.<\/p><\/details>

Does my own partial fault stop my claim?<\/summary>

Not by itself.<\/p><\/details>

Should I give a recorded statement to the trucking insurer?<\/summary>

Many people wait until they understand the claim before they give one.<\/p><\/details>

Is the first consultation free?<\/summary>

Yes. The first consultation is free, confidential, and carries no obligation to continue.<\/p>

If a truck crash has left you hurt or your family grieving, you may have a claim to discuss. You don’t have to face the insurer alone. Contact our office<\/a> for a free, confidential first consultation.<\/p><\/details><\/article>\n