How to Sue a Trucking Company in California: Your Legal Options

You can sue a trucking company in California when their driver causes an accident while working or when the company itself was negligent in hiring, training, or maintaining their fleet.

Under California law, trucking companies face automatic liability for their employees’ actions through vicarious liability, and they can also be held directly responsible for their own safety violations or corporate negligence that contributed to your crash.

Suing a trucking company in California is more complex than a standard car accident case. Federal regulations, multiple insurance policies, and strict evidence rules mean you need to act quickly to protect your claim.

The process involves identifying all responsible parties, gathering critical data such as black box records and driver logs before they are destroyed, and navigating California’s comparative fault laws that can impact your compensation.

When Can You Sue a Trucking Company?

You can sue a trucking company when its driver causes an accident while working or when the company itself is negligent. Two primary legal rules govern when trucking companies are held responsible for crashes.

Vicarious liability is when an employer becomes responsible for their employee’s actions. This means if a truck driver causes a crash while on the job, their employer automatically faces liability for the harm caused. You don’t need to prove the company did anything wrong—just that their employee caused the accident while working.

Direct negligence occurs when the company’s own careless actions contribute to the crash. This occurs when trucking companies hire drivers with a history of accidents, skip required maintenance, or pressure drivers to violate safety rules to meet deadlines.

Both theories work together:

You can pursue a case based on either or both of these legal principles.

Better insurance coverage:

Trucking companies carry much larger insurance policies than individual drivers

Multiple defendants possible:

You often can sue both the driver and the company for maximum compensation

California law allows you to pursue claims against all responsible parties. This gives you the best chance of recovering full compensation for your injuries and losses.

Who Do You Sue After a Truck Crash?

Truck accidents often involve multiple parties who share responsibility for the crash. Identifying all potential defendants is crucial because it increases your chances of full financial recovery.

The truck driver is the most obvious defendant if they caused the accident through speeding, distracted driving, or violating traffic laws, as truck drivers involved in crashes are often found to be negligent.

However, suing only the driver might not provide enough insurance coverage for serious injuries.

Trucking companies face liability as the driver’s employer and for their own negligent actions. Motor carriers are required to adhere to strict federal safety regulations, and violations often contribute to crashes.

The Truck Owner

The owner of the truck or trailer, if different from the employing company, can also be held responsible, notably if their negligence in maintaining the vehicle led to the crash.

Cargo Loading Companies

When an improperly secured or unbalanced load causes a crash, the company responsible for loading the cargo can be held liable. Their failure to adhere to safety protocols can create a severe road hazard.

Maintenance Providers and Manufacturers

Liability can extend to the maintenance providers who failed to inspect or repair the vehicle properly. Similarly, the truck or parts manufacturers can be held accountable when a defective component, such as faulty brakes or a tire blowout, causes a crash.

Other Contributing Entities

In some cases, freight brokers who negligently hired an unsafe trucking company or even government entities responsible for dangerous road conditions could also be held accountable for their role in the crash.

Vicarious Liability and Direct Negligence

Respondeat superior is the legal doctrine that makes employers responsible for their employees’ actions. To apply this rule, you only need to prove that the driver was working at the time of the crash.

Direct negligence requires showing the company itself failed in its safety duties. This could involve evidence that they encouraged drivers to violate hours-of-service rules or kept dangerous trucks on the road despite known defects.

What Evidence Do You Need to Sue a Trucking Company?

Evidence forms the foundation of every successful truck accident lawsuit, but it disappears quickly. Trucking companies typically retain only certain records for a limited period, making immediate action critical.

Commercial trucks generate massive amounts of data that can be used to prove negligence. However, companies will destroy this information once their legal retention periods expire unless you take action to preserve it.

Preserve Critical Data Fast

Your attorney must send a spoliation letter immediately after the crash. This formal legal notice demands that the trucking company preserve all evidence related to your case.

Driver Records and Logs

This includes the driver’s hours-of-service logs, which show whether they complied with strict federal rest requirements. We also demand text messages and dispatch communications with the driver, as these can reveal if the company pressured the driver to violate safety regulations.

Electronic Data from the Truck

Modern trucks are computers on wheels. We ensure the preservation of all electronic data, including GPS tracking information that reveals the truck’s speed and location, as well as dashcam and onboard camera footage from before, during, and after the crash. This objective evidence can be vital in proving fault.

Post-Accident Test Results and Records

The spoliation letter also demands the preservation of post-accident drug and alcohol test results, which can be critical for proving impairment. Additionally, we require the company to hold onto maintenance records, fuel receipts, and weigh station records, as these documents can reveal a pattern of negligence or mechanical issues.

Get Black Box and ELD Records

An Electronic Control Module (ECM) is the truck’s “black box” that records critical data about the vehicle’s operation. This device captures information about speed, braking, steering, and engine performance in the moments immediately preceding a crash.

Electronic Logging Devices (ELDs) track driver hours to ensure compliance with federal rest requirements. These devices provide objective proof of whether the driver was fatigued or violating hours-of-service regulations.

Secure Maintenance and Hiring Files

Trucking company internal records often reveal patterns of negligence that contributed to your crash. Maintenance files may show that known brake problems were ignored to save money.

Driver qualification files can prove that the company hired someone with a history of drunk driving or reckless behavior. Personnel records might reveal that the company failed to provide required safety training.

Document Injuries and Losses

While your lawyer gathers evidence from the trucking company, you must document your own damages thoroughly. Keep all medical bills, records of missed work, and photos of your injuries as they heal.

Pain journals that describe your daily struggles can help prove non-economic damages, such as suffering and loss of enjoyment of life. Witness contact information should be collected promptly while memories are still fresh.

How Do You Start a Truck Accident Claim in California?

Taking the proper steps immediately after a truck crash protects both your health and your legal rights. The process might seem overwhelming, but following a clear plan puts you in the strongest position for recovery.

Get Medical Care and Report the Crash

Your health comes first, even if you feel fine immediately after the accident. Some serious injuries, like brain trauma, have delayed symptoms that don’t appear for hours or days.

Seeking immediate medical attention creates an official record linking your injuries to the crash, which becomes crucial evidence if you need to file a personal injury lawsuit. California law requires reporting accidents involving injuries or property damage exceeding $1,000.

Avoid Recorded Statements

Insurance adjusters from the trucking company will contact you quickly, often while you’re still in the hospital. They’ll ask for a recorded statement about what happened, but you’re not required to provide one.

These adjusters work for the trucking company, not you. They’re trained to ask leading questions that can be used to deny or reduce your claim later.

Call a California Truck Accident Lawyer

Attorneys who specialize in trucking cases understand the complex federal regulations governing the industry and know exactly what a truck accident lawyer does to protect your rights. At Krasney Law, we provide personal, one-on-one attention to ensure your case gets the focus it deserves.

We handle truck accident cases on a contingency fee basis. This means you pay no attorney fees unless we successfully recover compensation on your behalf.

Send Preservation Letters

Once you hire an attorney, they’ll immediately send spoliation letters to all potential defendants. This critical first step prevents the destruction of evidence, such as black box data and driver logs.

Open Claims With All Insurers

Your lawyer will identify every responsible party and their insurance carriers. Opening claims with multiple insurers ensures you pursue every potential source of compensation.

How Does California’s Fault Law Affect Your Case?

California’s comparative negligence rules significantly impact how much compensation you can receive. Trucking companies and their insurers aggressively use these laws to shift blame and reduce their payouts.

Pure Comparative Negligence Explained

California follows pure comparative negligence, which means you can recover damages even if you were partially at fault. However, your total compensation gets reduced by your percentage of fault.

If you’re awarded $500,000 but found 20% at fault, your recovery is reduced to $400,000. Insurance companies will argue that you were speeding or distracted to increase your fault percentage and reduce their payment.

Multiple Defendants and Apportionment

When multiple parties share fault, the jury assigns a percentage of responsibility to each defendant. This is why identifying every negligent party is crucial for maximum recovery.

If one defendant can’t pay their share, others might be required to cover the difference under California’s joint and several liability rules.

When Is the Trucking Company Liable?

Trucking companies have extensive legal duties under federal and state safety regulations. Violating these requirements often provides the basis for successful lawsuits.

Companies become liable through various types of negligence that put everyone on the road at risk. Understanding these violations helps explain why trucking companies, not just drivers, face responsibility for crashes.

Federal Motor Carrier Safety Regulations impose strict requirements on trucking companies. These rules cover everything from driver qualifications to vehicle maintenance and cargo securement.

Common violations that lead to liability include:

Dangerous scheduling policies:

Pressuring drivers to exceed legal driving limits causes fatigue-related crashes

Negligent hiring practices:

Employing drivers with histories of drunk driving or reckless behavior

Poor maintenance programs:

Ignoring known defects in brakes, tires, or steering systems

Inadequate training:

Failing to train drivers on safety procedures and regulations properly

Improper cargo loading:

Allowing unbalanced or unsecured loads that cause rollovers

What Damages Can You Recover?

California law allows you to seek compensation for all losses caused by the trucking company’s negligence. These damages fall into three main categories, addressing different types of harm.

Understanding what compensation you can pursue helps you evaluate settlement offers and make informed decisions about your case.

Economic and Non-Economic Losses

Economic damages refer to your measurable financial losses, which have specific dollar amounts. These include medical bills, lost wages, property damage, and future care costs.

Non-economic damages compensate for the human impact that can’t be measured in dollars. Physical pain, emotional distress, and loss of life enjoyment fall into this category.

California doesn’t cap economic or non-economic damages in truck accident cases. This means you can recover full compensation for both your financial losses and personal suffering.

Punitive Damages in Trucking Cases

Punitive damages punish defendants for extreme misconduct and deter similar behavior in the future. These aren’t meant to compensate you but to send a message that such conduct won’t be tolerated.

Courts award punitive damages only when there’s clear and convincing evidence of malice or conscious disregard for safety. Examples include knowingly operating trucks with defective brakes or systematically falsifying safety records.

How Long Do Truck Lawsuits Take?

Truck accident lawsuits are more complex than typical car crash cases and often take longer to resolve. Most cases settle within one to three years, although the timeline depends on the severity of the injury and the defendants’ willingness to negotiate fairly.

The litigation process involves several distinct phases that each serve essential purposes in building your case.

Investigation and pre-suit phase (3-6 months):

Your attorney gathers evidence, obtains expert opinions, and builds the strongest possible case. Many cases settle during this phase when defendants realize their exposure.

Litigation and discovery (1-2 years):

If filing a lawsuit becomes necessary, both sides exchange evidence during the discovery phase through depositions, document requests, and expert witness reports.

Trial preparation and trial: 

Over 95% of cases are settled before trial, but preparing for court gives your attorney maximum negotiating leverage.

Can You Sue an Out-of-State Trucking Company?

Yes, you can sue trucking companies headquartered in other states in California courts. If a company does business in California by delivering goods here, it subjects itself to our state’s court jurisdiction.

Personal jurisdiction refers to a court’s legal authority over out-of-state defendants. Companies that regularly operate in California can’t avoid our courts just because their headquarters are elsewhere.

Your lawsuit will typically be filed in the county where the accident occurred. This is usually more convenient for you and allows your attorney to use their local court knowledge to your advantage.

Injured in a Truck Crash? Get Legal Help Today

You shouldn’t have to fight multi-billion-dollar trucking companies and their aggressive insurance companies alone after a terrible truck accident. Families who are already dealing with serious injuries can be overwhelmed by the physical, emotional, and financial effects of these crashes.

At Krasney Law Accident Attorneys, we provide each case with the individual, one-on-one attention it deserves, drawing on decades of experience fighting for accident victims throughout California.

We build strong relationships with our clients and help them through every step of the legal process. This differs from other firms, where cases often get lost in the shuffle.

No upfront costs:

We handle cases on contingency, meaning no recovery equals no fee

Immediate action:

We send preservation letters the same day to protect crucial evidence

Bilingual support:

We serve California’s diverse communities in English and Spanish

Statewide representation:

Offices in San Bernardino, Ontario, and Riverside serve clients throughout California

The trucking company already has experienced lawyers working to minimize their liability. You deserve equally skilled advocates fighting for your rights and maximum compensation.

Contact Krasney Law Accident Attorneys  at (909) 380-7200 to schedule your complimentary consultation. We’ll evaluate your case, explain your options, and begin protecting your rights immediately.