Car Accident
Car accidents are the most common personal injury claim in California. The at-fault driver is liable under negligence principles, and California's pure comparative fault system from Li v. Ye...
Car Accident guide →Legal Information Notice
This page provides general legal information about truck accident claims in California. It does not provide legal advice. Consult a licensed California attorney for guidance specific to your situation.
Truck Accident Under California Law
Commercial truck accidents involve a federal regulatory framework — FMCSA minimum insurance of $750,000 under 49 CFR Section 387.9, hours-of-service limits, ELD records, and multi-defendant liability that typically includes the motor carrier, truck driver, truck owner, cargo shipper, and equipment manufacturers. California's pure comparative fault and uncapped damages make serious truck accident cases among the highest-value personal injury matters in the state.
California personal injury law provides a robust framework for truck accident victims. The governing legal standard depends on the type of injury: vehicle accidents proceed under negligence (with Vehicle Code violations establishing negligence per se); premises liability proceeds under the Rowland v. Christian (1968) duty of care; product liability proceeds under Greenman v. Yuba Power Products (1963) strict liability; and medical malpractice proceeds under MICRA's professional negligence standard with its specific damage caps and shorter statute of limitations.
California's pure comparative fault system from Li v. Yellow Cab Co. (1975) allows truck accident victims to recover damages even if they were partly at fault. Recovery is reduced proportionally by the victim's fault percentage but not eliminated. California imposes no cap on economic or non-economic damages in non-malpractice personal injury cases.
Who Is Liable After a Truck Accident
Liability in truck accident cases depends on the specific facts and the legal theory governing the injury type. For vehicle accidents: the at-fault driver and their employer (if driving for work). For premises liability: the property owner, lessee, or other party who controlled the property. For product liability: the manufacturer, distributor, and retailer in the entire distribution chain. For medical malpractice: the licensed healthcare provider and potentially the healthcare facility. For workplace accidents: the employer's workers' compensation insurer (exclusive remedy against the employer) and third-party defendants whose negligence contributed.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
Damages Available After a Truck Accident
California truck accident victims can recover: all past and future medical expenses (no cap); lost wages and lost earning capacity; property damage; non-economic damages (pain, suffering, emotional distress, disfigurement, loss of enjoyment of life) — uncapped in non-malpractice personal injury cases; and punitive damages under Civil Code Section 3294 when the defendant's conduct constitutes malice, oppression, or fraud. Medical malpractice non-economic damages are capped by MICRA at $470,000 (personal injury) and $650,000 (wrongful death) in 2026.
Statute of Limitations for Truck Accident Claims in California
Two years from the date of injury under CCP Section 335.1 for most truck accident claims. Medical malpractice: one year from discovery or three years from the act (CCP Section 340.5). Government entity claims: six-month administrative claim under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352. Missing any applicable deadline permanently bars the claim.
Critical Evidence in Truck Accident Cases
- Medical records from the date of injury — Create a contemporaneous medical record tying injuries to the incident; seek care the same day if possible
- Incident or police report — Official documentation of the event, the parties, and any witnesses
- Photographs — The scene, injuries, defective condition, or damaged product at the earliest possible opportunity
- Witness information — Names and contact information for all persons who saw the incident
- Insurance information — All potentially applicable policies from all potentially liable parties
- Prior incident records — Prior complaints, citations, inspections, or product recalls that establish the defendant's prior notice of the hazard
- Employment and wage records — Documentation of lost income from the date of injury forward
Frequently Asked Questions — Truck Accident
What insurance minimum applies to commercial trucks?
Federal Motor Carrier Safety Administration regulations under 49 CFR Section 387.9 require minimum liability insurance of $750,000 for general freight carriers in interstate commerce. For hazardous materials, the minimum is $5,000,000. This is far higher than California's personal auto minimums.
Who can I sue after a commercial truck accident?
Potentially: the motor carrier (respondeat superior and direct FMCSA violations), the truck driver personally, the truck owner if separate, the cargo shipper if improper loading contributed, the maintenance company for defective brake or tire work, and vehicle manufacturers under strict product liability for equipment defects.
What is an ELD and why does it matter?
Electronic logging devices automatically record the truck driver's hours of service, driving time, and vehicle location. ELD data is critical evidence establishing whether the driver violated federal hours-of-service limits at the time of the accident. This data must be preserved through immediate written demand to the carrier — it can be deleted under carrier retention policies within months.
How long do I have to file after a truck accident?
Two years from the date of the accident under CCP Section 335.1. Government entity claims: six months under Government Code Section 945.4. ELD and EDR data must be preserved through immediate written demand — long before the statute expires.
Can I get punitive damages after a truck accident?
Yes, under Civil Code Section 3294 when the carrier knowingly dispatched fatigued drivers, falsified ELD records, or operated trucks with known brake failures. The carrier's FMCSA safety compliance history is the primary punitive damages evidence.
Do FMCSA violations automatically prove the carrier was negligent?
Yes, through negligence per se. When an FMCSA regulatory violation causally contributed to the accident, that violation satisfies the negligence element of the civil claim without requiring separate proof of unreasonable conduct. This doctrine is one of the key legal advantages of truck accident cases over ordinary vehicle accident cases.
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