Tustin Truck Accident Lawyer

Why Truck Accident Cases Are Different From Car Accidents

A truck crash isn't just a bigger car accident. Three things set these cases apart:

• More than one responsible party. Besides the driver, the trucking company, the company that loaded the cargo, a maintenance shop or a parts manufacturer may share the blame. An employer is generally responsible for a driver's negligence on the job.
• Federal safety rules. Interstate trucking companies and drivers must follow Federal Motor Carrier Safety Administration (FMCSA) regulations on hours, driver qualifications, inspections and cargo. A broken rule can be strong evidence of negligence.
• More insurance, and more resistance. For-hire interstate carriers hauling ordinary freight must carry at least $750,000 in liability coverage, and many carry more. That money is there for serious injuries, but the insurer will defend it hard.

Common Causes of Truck Crashes

• Fatigue. Federal rules limit a truck driver to 11 hours of driving after 10 consecutive hours off duty, with no driving after the 14th hour on duty and a 30-minute break after 8 hours of driving. Tight delivery schedules push drivers past these limits.
• speeding or following too closely for a vehicle that needs far longer to stop
• unsafe lane changes and wide turns, especially in a truck's blind spots
• poorly maintained brakes, tires or lights
• overloaded or badly secured cargo that shifts or spills
• distracted, impaired or poorly trained drivers (a commercial driver can be charged with DUI at a 0.04% blood alcohol level, half the limit for other drivers)

I explain more of these risks in what causes serious semi-truck accidents and the unique risks of commercial truck crashes.

The Evidence Trucking Companies Control

Much of the proof in a truck case belongs to the trucking company, and some of it can legally be discarded after a few months. That's why I move quickly to send a written demand to preserve:

• electronic logging device (ELD) records showing the driver's hours
• engine and "black box" data on speed, braking and throttle in the seconds before the crash
• the driver's qualification file, drug and alcohol testing and training records
• inspection, maintenance and repair records for the truck and trailer
• dispatch records, delivery schedules and phone records
• dash camera and outward-facing camera footage

I studied mechanical engineering before law school, and I use that background, together with accident reconstruction, to work out speed, stopping distance and what the driver could have done differently.

Injuries and Compensation

Truck crashes often cause traumatic brain injuries, spinal cord injuries, multiple fractures, internal injuries and burns. A claim can cover medical treatment now and in the future, lost wages and earning capacity, rehabilitation, help at home, and pain and suffering. When a crash takes a life, the family may have a wrongful death claim.

Over the course of my career, I've recovered over $20 million for my clients in total.

How Fees Work: No Recovery, No Fee Guarantee

I handle truck accident cases on a contingency fee. You pay nothing upfront, I advance the costs of the case, including investigators and reconstruction, and they're repaid from your recovery. If there's no recovery, you owe no fee.

Truck Accident FAQs

Who is liable for a truck accident in California?

Often more than one party: the driver, the trucking company that employs the driver, and sometimes the cargo loader, the owner of the trailer, a maintenance company or a parts manufacturer. Finding every responsible party matters, because each may carry its own insurance.

How much insurance do trucking companies have to carry?

For-hire interstate carriers hauling general freight must carry at least $750,000 in liability coverage under federal rules. Carriers hauling some hazardous materials must carry $1 million or $5 million, and many companies carry more than the minimum.

How long do I have to file a truck accident claim?

Generally two years from the date of the injury in California. If a government vehicle was involved, a claim usually has to be filed within six months. Truck evidence can disappear long before either deadline, so it pays to act early.

Should I talk to the trucking company's insurance adjuster?

Be careful. You must report the crash to your own insurer, but you don't have to give the trucking company's insurer a recorded statement. Their adjuster's job is to limit what the company pays.

What is a truck's "black box"?

Most trucks have an engine control module that records data such as speed, braking and engine use around the time of a crash, along with an electronic logging device that tracks driving hours. This data can show exactly what the driver was doing.

Talk to a Tustin Truck Accident Lawyer

If you or a family member was hurt in a crash with a commercial truck, call me at (714) 461-6003 or request a free consultation. The sooner I can send preservation letters, the more evidence we keep. You can also read more about my background or see the other types of injury cases I handle, including car accidents and bus accidents.