Los Angeles sees a constant flow of commercial trucks moving freight along the 5, the 10, the 60, and through the ports of LA and Long Beach. When one of those trucks is involved in a crash, the legal process looks very different from a typical two-car fender bender. The vehicles are bigger, the injuries are more severe, and there are often several companies, not just one driver, who can be held responsible.<\/p>\n
If you’ve been in a truck accident<\/a>, here’s what actually sets these cases apart, and why they usually require a different approach than a standard car accident<\/a> claim.<\/p>\n A fully loaded commercial truck can weigh up to 80,000 pounds, roughly 20 times heavier than the average passenger car. That difference in mass and momentum means truck accidents are far more likely to cause catastrophic injuries such as traumatic brain injuries, spinal cord damage, crush injuries, and wrongful death<\/a>, even in crashes at moderate speeds. Because injuries tend to be more severe, the compensation at stake is typically much higher, and insurance companies fight these claims much harder as a result.<\/p>\n In a typical car accident, liability usually comes down to one driver’s negligence. Truck accidents are rarely that simple. Depending on the facts, any of the following may share responsibility:<\/p>\n Trucking companies often argue their drivers are independent contractors specifically to try to limit their own liability exposure. California courts look past how the relationship is labeled on paper and examine how much control the company actually exercised over the driver’s routes, schedule, and methods. If that control resembles an employer-employee relationship, the company can still be held vicariously liable regardless of the label in the contract.<\/p>\n Because multiple parties can be at fault, truck accident cases usually involve identifying every potentially responsible party, not just the driver, to maximize what’s actually recoverable.<\/p>\n Commercial trucks operating across state lines are regulated by the Federal Motor Carrier Safety Administration (FMCSA), under rules found at 49 CFR Parts 390 through 399. These regulations don’t apply to ordinary passenger vehicles, and violations of them are often central evidence in a truck accident claim. Key regulations include:<\/p>\n A documented violation of any of these federal safety rules can be powerful evidence that the driver or company breached their duty of care. It’s part of why these cases typically require pulling records a car accident case never would, including electronic logging device (ELD) data, driver qualification files, and maintenance logs.<\/p>\n Commercial trucks are required to carry significantly more insurance than a typical driver. Under federal law (49 CFR \u00a7 387.9), most interstate carriers hauling general freight must maintain at least $750,000 in liability coverage, and that minimum rises to $1,000,000 for oil transport and up to $5,000,000 for trucks carrying hazardous materials. Compare that to a standard California driver, who is only required to carry $15,000 to $30,000 in liability coverage under state minimums.<\/p>\n Larger policies mean more money is potentially available to compensate a seriously injured victim, but they also mean the insurance companies and their legal teams fight much harder to limit or deny the claim. Trucking company insurers typically send investigation teams to the crash scene within hours, sometimes before a victim’s own attorney is even retained, specifically to gather evidence and statements that could limit the company’s exposure.<\/p>\n Trucking companies aren’t required to preserve certain records forever. Electronic logging device data, dash cam footage, dispatch records, and maintenance logs can be routinely overwritten or deleted within weeks if no one formally demands they be preserved. In a passenger car accident, evidence typically consists of photos, witness statements, and a police report. In a truck accident, time-sensitive electronic evidence, held by a corporate defendant with every incentive to lose it, is often the difference between a strong case and a weak one. This is why sending a formal evidence preservation, or \u00abspoliation,\u00bb letter early is a routine step in truck accident claims but rarely necessary in ordinary car accident cases.<\/p>\n California follows a pure comparative negligence rule in truck accident cases, the same as in any other personal injury<\/a> claim. If you were partly at fault for the crash, your recovery isn’t barred, but it is reduced by your percentage of responsibility. A jury that finds you 15% at fault would reduce your total award by that same 15%. Trucking company insurers frequently lean on this rule to try to shift blame onto the injured driver, which is another reason having a clear, well-documented account of the crash matters.<\/p>\n Like most personal injury claims in California, a truck accident claim must generally be filed within two years of the crash under CCP Section 335.1<\/a>. If a government entity was involved, for example, a poorly maintained public road contributed to the crash, a claim must be filed with the agency within six months, a much shorter deadline that’s easy to miss.<\/p>\n Even though the filing deadline is the same as any other injury claim, truck accidents demand faster action in practice, because so much of the evidence that proves fault is time-sensitive and controlled by the trucking company itself.<\/p>\n Truck accident<\/a> claims involve more defendants, more regulations, more insurance, and a lot more at stake than a typical car accident<\/a> case. If you or a loved one has been injured in a commercial truck accident in Los Angeles, it’s worth having your case reviewed quickly, before evidence disappears and before an insurance company gets ahead of your claim.<\/p>\n Injured in a truck accident?<\/strong> Contact Mesriani Law Group today at (866) 500-7070<\/strong> for a free, no-obligation consultation. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you.<\/p>\n Sources:<\/strong><\/p>\n This article is for general informational purposes and does not constitute legal advice. Every case is different, so consult a licensed California attorney about your specific situation.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" Los Angeles sees a constant flow of commercial trucks moving freight along the 5, the 10, the 60, and through the ports […]<\/p>\n","protected":false},"author":7,"featured_media":9119,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"default","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[23,1,50],"tags":[],"class_list":["post-9116","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-car-accidents","category-personal-injury","category-truck-accidents"],"acf":[],"contentshake_article_id":"","yoast_head":"\nThe Physics Are Different, and So Are the Injuries<\/h2>\n
More Than One Party Can Be Held Responsible<\/h2>\n
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Federal Trucking Regulations Come Into Play<\/h2>\n
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Bigger Insurance Policies, But Bigger Fights Too<\/h2>\n
Evidence Disappears Quickly<\/h2>\n
Comparative Negligence Still Applies<\/h2>\n
The Statute of Limitations Is the Same, But Time Still Matters<\/h2>\n
Talk to a Los Angeles Truck Accident Attorney<\/h2>\n
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