California 18-Wheeler & Commercial Truck Accident Lawyer

In several big ways. Commercial truck drivers and trucking companies must follow a detailed set of federal safety rules — the Federal Motor Carrier Safety Regulations — that hold them to a higher standard than ordinary drivers. Breaking those rules can establish fault. Truck cases also usually involve more than one responsible party and far larger insurance policies, and they depend on evidence, like electronic logs, that can disappear quickly if it is not preserved.

Often more than just the driver. Depending on the facts, the trucking company can be liable for its driver's negligence and for its own failures — such as negligent hiring, inadequate maintenance, or pushing drivers past legal limits. Brokers, owners of the truck or trailer, maintenance contractors, and cargo loaders may also share responsibility.

The Federal Motor Carrier Safety Regulations govern things like hours of service, driver qualifications and background checks, drug and alcohol testing, vehicle inspection and maintenance, and cargo securement. A violation can be used to show the driver or company was negligent, and the records that prove compliance — or non-compliance — are central evidence in the case.

Because the most important evidence can be gone in weeks. Electronic logging data, the truck's black box, driver logs, inspection and maintenance records, and the driver's qualification file are controlled by the trucking company, and some records only have to be kept for limited periods. Getting a lawyer involved early allows a formal demand to preserve that evidence before it's overwritten, repaired, or lost.

That label often doesn't get the trucking company off the hook. Under the federal regulations, a driver operating under a motor carrier's authority is generally treated as the carrier's employee for safety purposes, regardless of how the contract describes the relationship. Trucking companies can't simply avoid responsibility by calling their drivers independent contractors.

Generally two years from the date of the injury. But because critical trucking evidence can disappear long before that deadline, and because these cases involve multiple defendants and insurers, it's best to speak with an attorney as soon as possible after the crash.

Kocaj Law, P.C. handles truck and commercial-vehicle cases on a contingency basis. The initial consultation is free and confidential, and you owe no attorney's fee unless we recover compensation for you.

There's no fixed number — value depends on the severity of your injuries, your medical bills (now and future), lost income and earning capacity, and the pain and disruption to your life. Commercial truck cases often involve larger recoveries than ordinary car crashes because the injuries are more serious and the policies are bigger. In egregious cases — like a carrier that knowingly put a dangerous driver or truck on the road — California law (Civil Code § 3294) also allows punitive damages. The only way to know your range is a case-specific evaluation.

Federal law requires interstate trucking companies to carry minimum liability coverage — typically $750,000 for general freight, and far more (often $1 million to $5 million) for trucks hauling hazardous materials. These policies are much larger than the minimums for passenger cars, which matters for victims with catastrophic injuries — but it also means the carrier and its insurer fight harder and earlier to limit what they pay.

When a truck driver or trucking company violates a safety regulation designed to protect the public — for example, the federal hours-of-service limits or the duty to use extreme caution in bad weather (49 C.F.R. § 392.14) — and that violation causes the kind of harm the rule was meant to prevent, California treats the violation itself as evidence of negligence. In a 2005 case (Weaver v. Chavez), a California court confirmed that the higher federal standard of care, not just California's basic driving laws, governs commercial truckers. Proving a regulatory violation can make fault much clearer.

Yes. California follows a 'pure comparative fault' rule, which means you can recover even if you were partly responsible — your compensation is simply reduced by your percentage of fault. So even if you're found 40% at fault, you can still recover 60% of your damages. Don't assume you have no case just because the trucking company blames you.

An Electronic Logging Device (ELD) automatically records a commercial driver's hours of service, and the truck's 'black box' (event data recorder) can capture speed, braking, and other data around the time of a crash. This is some of the most powerful evidence in a truck case — it can show fatigue, speeding, or hours-of-service violations. Carriers are only required to keep ELD backups for about six months, so a prompt legal demand to preserve this data is critical before it's overwritten.

Usually, yes. Under California's respondeat superior doctrine, an employer is liable for a driver's negligence committed within the scope of employment. The company can also face direct liability for its own failures — negligent hiring, training, supervision, retention, or entrustment — such as putting an unqualified or dangerous driver behind the wheel. Holding the company accountable, not just the driver, often makes the difference in a serious case.

The crashes we see most often trace back to a broken safety rule: driver fatigue and hours-of-service violations, speeding or driving too fast for weather conditions, impaired or distracted driving, poor maintenance and equipment failures (bad brakes, worn tires), unsafe or shifting cargo, and negligent hiring of unqualified drivers. Identifying which rule was broken is central to proving the case.

Get medical care right away, even if you feel okay — serious injuries can be masked by adrenaline. If you can, document the scene with photos, get the truck and trailer numbers and the carrier's name, and collect witness information. Avoid giving a recorded statement to the trucking company's insurer before speaking with a lawyer. Then contact an attorney quickly so a preservation demand can lock down the ELD, black box, and driver records before they disappear.