Semi Truck Accident Lawsuit in California: Complete Guide
Being involved in a truck accident can turn your life upside down. Medical bills pile up, injuries make it hard to work, and insurance companies pressure you to settle quickly. If you don’t take action, you could end up with a settlement that barely covers your losses—or worse, nothing.
At Feher Law, we understand the pain, stress, and uncertainty that follow a serious truck accident. We fight aggressively to hold negligent parties accountable and secure the maximum compensation you need to rebuild your life. You focus on healing—we’ll handle everything else.
If you’ve been involved in a truck accident and just need immediate legal support, speak with our California truck accident lawyer today and take the first step toward justice.
Your first steps after a truck accident
If you’ve been involved in a truck accident, taking the right steps immediately can protect your health and strengthen your claim. Our detailed guide on what to do after a truck accident covers everything in depth, but here’s a quick breakdown of the key actions to take:
- Check for injuries: Call 911 immediately if anyone is hurt. Seeking medical attention is essential, even if injuries seem minor.
- Move to safety: If possible, get to a secure location away from traffic. Turn on hazard lights to alert other drivers.
- Call law enforcement: A police report can serve as critical evidence for your claim. Provide accurate details but avoid admitting fault.
- Gather evidence: Take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.
- Exchange information: Get the truck driver’s name, employer, insurance details, and license plate number.
- Seek medical attention: Some injuries, like whiplash or internal damage, may not show symptoms right away. A medical evaluation documents your condition.
- Report the accident to your insurance: Notify your insurer but avoid providing a recorded statement until you consult with our lawyer.
- Report damage over $1,000: California law requires you to report accidents involving over $1,000 in damages within 10 days. This includes damage to vehicles, property, or people.
- Submit information on all parties involved: The report must include details of everyone involved in the crash. Failing to do so can lead to penalties.
- Consult our truck accident lawyer: Legal guidance will help protect your rights and maximize your truck accident lawsuit settlement. Our lawyer will also handle legal filings on your behalf so you can focus on recovery.
How much can you expect from semi-truck accident claims?
Average truck accident settlements in California typically range between $100,000 and $1.5 million or more, depending on factors like injury severity, liability, and insurance coverage.
Several factors impact the final payout:
- Severity of injuries: More serious injuries, such as spinal cord damage or traumatic brain injuries, often result in higher settlements due to long-term care needs.
- Property damage: The cost to repair or replace your vehicle and any damaged belongings is included in the settlement.
- Insurance coverage: The trucking company’s policy limits can determine how much compensation is available. Some have multi-million dollar policies, while others may not fully cover damages.
- Liability and fault: If the trucking company or driver is entirely at fault, you may receive a larger settlement. However, if you share responsibility, your compensation may be reduced.
- Long-term health impacts: Ongoing medical treatment, rehabilitation, and any permanent disabilities increase settlement value.
- The effectiveness of legal representation: Our lawyers know how to negotiate higher settlements by gathering evidence, proving negligence, and handling insurers who try to minimize payouts.
- Loss of income and earning potential: If injuries prevent you from working or impact your long-term career, lost wages and reduced earning capacity can significantly increase your settlement.
- Pain and suffering: Non-economic damages account for physical pain, emotional distress, and reduced quality of life.
- Comparative negligence: If you’re partially at fault, your settlement will be reduced based on your percentage of responsibility.
- Availability of evidence: Strong evidence, such as accident reports, witness statements, and black box data, strengthens your claim and leads to higher compensation.
At Feher Law, we’ve successfully secured substantial settlements for our clients involved in truck accidents. Here are some examples:
- $1,700,000 Verdict: In the case of Marquez vs. OB Trucking, we achieved a $1.7 million verdict for a client who suffered a significant back and neck injuries injury in Long Beach.
- $1,500,000 Verdict: Representing Mendez vs. Go Express, LLC, we obtained a $1.5 million verdict following a truck incident in Fresno, resulting in a back injury for our client.
- $1,100,000 Settlement: In Carter vs. Stepter, we secured a significant payout of $1.1 million after our client suffered neck injuries from being involved in a truck accident in Alhambra.
Estimate your potential payout with our truck accident calculator
If you’re unsure what your case is worth, our semi-truck accident settlement calculator will help estimate potential compensation.
Disclaimer: The results generated by this truck accident settlement calculator are for informational and illustrative purposes only. They do not constitute legal advice or a substitute for professional evaluation. The calculator provides a simplified estimation based on general inputs and does not account for the unique details of your case, including jurisdictional laws, liability factors, or other critical variables.
For personalized advice, our Torrance truck accident attorneys offer free consultations to discuss your specific case and legal options.
Damages you can recover in a commercial vehicle accident lawsuit
If you’ve been injured in a commercial vehicle accident, you may be entitled to recover several types of damages. These are typically divided into economic, non-economic, and punitive damages. Each category plays a role in determining how much compensation you may receive.
Economic damages
These damages cover financial losses directly resulting from the accident. They are measurable and often supported by bills, receipts, or pay stubs.
- Medical expenses: Covers emergency care, hospital stays, surgeries, physical therapy, medications, and any future medical needs related to your injuries.
- Lost wages and future earnings: If your injuries prevent you from working, you can recover lost income. If your ability to work is permanently impacted, future earning capacity is factored in.
- Property damage: Compensation for the repair or replacement of your vehicle and any other personal belongings damaged in the accident.
- Rehabilitation and long-term care: If you need ongoing therapy, assistive devices, or in-home care, these costs may be included in your settlement.
- Out-of-pocket expenses: Covers transportation to medical appointments, home modifications due to disability, and other unexpected costs caused by the accident.
Non-economic damages
These damages compensate for emotional and psychological losses that are harder to quantify but still significantly impact your life.
- Pain and suffering: Covers physical pain, discomfort, and emotional distress caused by the accident.
- Mental anguish: Compensation for anxiety, depression, PTSD, or other psychological effects from the crash.
- Loss of enjoyment of life: If your injuries prevent you from engaging in hobbies, activities, or relationships as you once did, you may be entitled to damages.
- Loss of consortium: Spouses and family members may seek damages for the loss of companionship, support, or affection due to accident-related injuries.
Punitive damages
In some cases, if the truck driver or company acted with extreme negligence or recklessness, you may be awarded punitive damages. These are intended to punish the at-fault party and deter similar behavior in the future. Punitive damages may apply in cases involving:
- Drunk or drug-impaired driving
- Violations of trucking regulations, such as exceeding hours-of-service limits
- Reckless driving, such as excessive speeding or aggressive behavior
- Intentional misconduct by the trucking company, such as forcing drivers to ignore safety regulations
Wondering How Much Your Case Is Worth?
Not sure what kind of settlement you could receive? Our truck accident settlement calculator helps you estimate compensation using key details like your medical expenses, damage to your vehicle, lost income, and more. It’s a helpful starting point, but for a clearer picture, our truck accident lawyers offer free case reviews tailored to your situation.
Disclaimer: The results from this settlement calculator are for informational purposes only and should not be considered legal advice. This estimate does not account for all legal factors, such as jurisdictional laws, disputed liability, or case-specific circumstances. For an accurate assessment of your claim, consult our legal team.
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When to consult our lawyers in a truck accident litigation claim
Knowing when to seek legal help after a truck accident can make a significant difference in your claim. If you’re unsure about your rights or facing difficulties with the claims process, we can support you!
Below are key situations where our lawyers will provide critical support:
- Partial fault in the accident: If the trucking company or insurer is blaming you, our legal guidance will help protect your right to compensation.
- Insurance companies causing delays or disputes: Insurers often try to minimize payouts or deny claims. We will negotiate for the settlement you deserve.
- Uncertainty about the legal process: If you’re unfamiliar with truck accident claims, our lawyers will guide you through every step.
- Multiple parties involved in the accident: Cases with multiple drivers, trucking companies, or manufacturers require thorough investigation and legal strategy.
- Any injuries from the accident: Even minor injuries can impact your claim, and legal advice ensures you seek the right compensation.
- Severe injuries or extensive property damage: High-value claims often face strong opposition from insurance companies—our legal team fights for maximum recovery.
- Complex legal or insurance situations: If your case involves disputed liability, unclear insurance policies, or jurisdictional issues, legal support is vital.
- Contested litigation or trial scenarios: If settlement negotiations fail, we prepare your case for trial to fight for the best possible outcome.
- Preserving evidence at the crash scene: Acting quickly helps secure critical evidence like skid marks, debris, and truck logs before they disappear.
- Securing electronic data like control modules and telematics: We ensure key digital evidence from the truck, such as speed and braking data, is preserved.
- Building a strong case with timely investigations: Prompt legal action helps gather witness statements, surveillance footage, and expert evaluations.
- Complying with the statute of limitations in California: Missing deadlines can cost you your claim—our lawyers ensure all filings meet state legal requirements.
- Involvement of commercial defendants and industry regulations: Trucking companies must follow federal and state laws—our team knows how to hold them accountable.
If any of these situations apply to you, our truck accident lawyer in San Bernardino offers free consultations to discuss your options and ensure your case is handled properly.
The statute of limitations for semi-truck accident claims in California
In California, you generally have two years from the date of the accident to file a personal injury lawsuit for a semi-truck accident. If the crash resulted in a fatality, the deadline for a wrongful death claim is also two years.
However, if a government entity is involved, you must file a claim within six months. Missing these deadlines can prevent you from recovering compensation, so consulting our lawyers as soon as possible is key.
Who can be held liable in truck accident lawsuits?
Truck accidents often involve multiple liable parties, making these cases more complex than standard car accidents. Picking up on truck accident liability is key to ensuring all responsible parties are held accountable.
Below are the main entities that may share liability in a truck accident lawsuit:
- The truck driver: If the driver was speeding, fatigued, or otherwise negligent, they may be held personally responsible.
- The trucking company: Employers are often liable for their drivers’ negligence, unsafe policies, or failure to properly train and monitor employees.
- The trailer owner: If the trailer was owned separately from the truck, its owner may be responsible for maintenance issues or safety violations.
- At-fault truck driver vs. trucking company: In some cases, liability depends on whether the driver was an independent contractor or an employee of the trucking company.
- The cargo loaders or shippers: Improperly loaded cargo can lead to rollovers, jackknifes, or lost loads, making the loading company liable.
- The truck manufacturer or parts manufacturer: If a defective part, such as faulty brakes or tires, caused the crash, the manufacturer may be at fault.
- Third-party maintenance providers: If a company failed to properly inspect or repair the truck, they may share liability for an accident.
- Government entities: Poorly maintained roads, missing signs, or hazardous conditions could make a government agency responsible for the crash.
- Multiple parties may share liability: Many truck accidents involve multiple at-fault parties, requiring thorough investigations to determine responsibility.
Since truck accident claims can be highly complex, our lawyers will help identify all liable parties and ensure you receive the compensation you deserve.
Suing the truck company in a semi accident lawsuit
Holding a trucking company accountable for an accident can be complex, but suing a truck company may be necessary to secure full compensation. Trucking companies are often liable for accidents caused by negligent hiring, poor maintenance, or unsafe policies. Below are the key steps in filing a lawsuit against a trucking company:
Steps to sue a trucking company:
- Seek medical attention: Your health comes first. Immediate treatment documents your injuries and strengthens your case.
- Report the accident: Filing a police report creates an official record of the crash and can be used as evidence.
- Gather evidence: Photos, black box data, and witness statements help prove fault and support your claim.
- Identify all liable parties: The trucking company may share liability with maintenance providers, cargo loaders, or other third parties.
- Determine eligibility to sue a trucking company: Victims may file a claim if they were injured due to a trucking company’s negligence. Families who lose loved ones in fatal crashes can pursue wrongful death claims for funeral costs, lost income, and emotional suffering.
- Overcome legal challenges: Trucking companies and insurers often try to deny liability. Our lawyers handle negotiations and fight back against unfair tactics.
- File an insurance claim: Before suing, we negotiate with the trucking company’s insurer to seek a fair settlement.
- Pursue a lawsuit if necessary: If negotiations fail, our team is prepared to take your case to court and fight for maximum compensation.
If you’re considering legal action, our Huntington Beach truck accident lawyer will guide you through the process and ensure you receive the justice you deserve. Contact us for a free consultation today.
Truck driver negligence
Truck driver negligence is a leading cause of accidents, often resulting in severe injuries and complex legal claims. Establishing negligence requires proving that the driver breached their duty of care, directly causing harm.
In our experience, these are the common types of negligence and how they impact liability:
- Speeding or reckless driving: Excessive speed and aggressive maneuvers make it harder for trucks to stop or avoid collisions.
- Driving under the influence: Alcohol or drug impairment slows reaction times and increases the risk of serious crashes.
- Distracted driving: Texting, eating, or using in-cab devices can lead to devastating accidents in seconds.
- Failure to follow traffic laws: Running red lights, failing to yield, or making illegal lane changes put everyone on the road in danger.
- Fatigue and hours-of-service violations: Truck drivers who exceed legal driving limits are more prone to falling asleep at the wheel.
- Improper cargo loading: Unsecured or overweight cargo can cause rollovers, jackknifes, or cargo spills that lead to multi-vehicle crashes.
- Failure to perform vehicle inspections: Ignoring maintenance checks can lead to brake failures, tire blowouts, or steering malfunctions.
What happens when a truck driver has an accident
A truck accident triggers serious legal, financial, and professional consequences for the driver. The process involves investigations, insurance claims, and potential liability disputes. If you’re wondering what happens when a truck driver has an accident, here’s an overview of the key steps:
1. What a truck driver must do after an accident
- Call 911 and stay at the scene: Truck drivers must report the accident and assist injured parties if possible.
- Secure the area: Turning on hazard lights and using warning triangles can help prevent further collisions.
2. Investigation and reporting
- Police and regulatory investigations: Officers collect evidence, interview witnesses, and file reports. In serious cases, federal agencies like the NTSB may get involved.
- Employer notification: The driver must report the crash to their trucking company, which may launch an internal investigation.
3. Legal implications for the truck driver
- Traffic violations and negligence: If the driver was speeding, fatigued, or impaired, they may face fines, license suspension, or criminal charges.
- FMCSA and DOT compliance issues: Violations of hours-of-service limits, maintenance failures, or improper cargo loading can result in penalties.
- Comparative fault laws: In California, liability is divided based on fault percentage, meaning truck drivers can still be partially responsible even if others contributed to the crash.
4. Insurance claims and settlements
- Claims process: Insurance companies analyze evidence, truck logs, and black box data to determine liability.
- Settlement negotiations: Trucking companies often have large policies but may dispute claims to minimize payouts.
Truck accidents involve complex legal and insurance issues. If you’ve been injured, our lawyers will help ensure you receive fair compensation.
The timeline for a trucking accident lawsuit
Most 18-wheeler lawsuits in California take 6 to 16 months, but complex cases can take longer. The process involves multiple steps, including investigations, negotiations, and potential litigation. If you’re wondering how long does an 18-wheeler lawsuit take, here’s a breakdown of the typical timeline:
- Initial investigation and claim filing: 2–4 weeks: Our team gathers evidence like police reports, witness statements, and black box data before filing a claim with the insurance companies.
- Medical treatment and reaching MMI: Varies (weeks to months): Your medical recovery must be complete or stable before calculating total damages. Settling too early may lead to a lower payout.
- Evidence collection and FMCSA compliance review: 3–6 months: We analyze driver logs, maintenance records, and trucking company safety violations to strengthen your claim.
- Demand and pre-litigation negotiations: 2–6 months: A demand letter is sent, and negotiations with insurance companies begin. Many cases settle here, but some move to litigation.
- Filing the lawsuit: 1–2 weeks: If a fair settlement isn’t reached, we formally file your case in court.
- Discovery process: 6 months–1 year: Both sides exchange evidence, conduct depositions, and prepare expert testimony.
- Mediation or settlement negotiations: 1–3 months: Many cases are resolved through mediation, avoiding trial.
- Trial preparation and trial: 1 week–several months: If necessary, we present evidence in court to secure the best possible verdict.
- Settlement disbursement: 2–4 weeks after resolution: Once settled, funds are distributed efficiently to you, medical providers, and any lien holders.
Several factors can influence how long your case takes, including the severity of injuries, the number of liable parties, insurance company tactics, and compliance with FMCSA regulations.
Delays often occur when insurers dispute liability, medical treatment is ongoing, or multiple parties are involved. But no matter the situation, our lawyers work diligently to move your case forward while fighting for the maximum compensation you deserve.
General truck accident information from our experienced attorneys
Truck accidents often result in devastating consequences due to the size and weight of commercial vehicles. Below, we outline key aspects of truck accidents in California.
Causes of truck accidents
- Driver fatigue: Long hours on the road can lead to delayed reaction times and poor decision-making.
- Speeding and reckless driving: Large trucks require more time to stop, making high speeds especially dangerous.
- Distracted driving: Using a phone, eating, or adjusting GPS while driving can lead to serious crashes.
- Driving under the influence: Alcohol, drugs, or even prescription medications can impair a truck driver’s ability to operate safely.
- Improper cargo loading: Unsecured or unbalanced cargo can cause rollovers or jackknife accidents.
- Brake or tire failure: Poor maintenance or defective parts can lead to mechanical failures on the road.
- Poor weather conditions: Rain, fog, and strong winds can make it difficult for truck drivers to maintain control.
- Inexperienced drivers: Trucking companies sometimes fail to provide proper training, increasing accident risks.
Truck accident injuries
- Traumatic brain injuries (TBI): Head injuries can result in long-term cognitive impairment.
- Spinal cord damage: Severe crashes can lead to partial or total paralysis.
- Broken bones: The force of impact often results in fractures that require extensive recovery.
- Internal injuries: Organ damage and internal bleeding can be life-threatening.
- Severe burns: Fires and explosions can occur in high-impact truck collisions.
- Lacerations and disfigurement: Shattered glass and metal debris can cause permanent scars.
- Whiplash and soft tissue injuries: Common in rear-end collisions involving large trucks.
California commercial truck accident statistics
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- Over 3,000 truck accidents occur annually in California, many resulting in serious injuries or fatalities.
- Speeding contributes to nearly 30% of all truck-related crashes.
- Fatigue is a factor in at least 13% of truck accidents, according to federal studies.
- More than 75% of fatal truck crashes involve smaller passenger vehicles.
- Los Angeles County has the highest number of commercial truck accidents in the state.
Knowing these statistics highlights the dangers of truck accidents and the importance of holding negligent drivers and trucking companies accountable. Our experienced attorneys are here to fight for the compensation you deserve.
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Trust Feher Law to handle your truck accident lawsuit
At Feher Law, we know how overwhelming a truck accident can be. From serious injuries to mounting medical bills, the legal process shouldn’t add to your stress.
Our lawyers have a proven track record of winning truck accident claims in California. We understand FMCSA regulations, liability disputes, and insurance tactics that could affect your case.
We fight aggressively to secure the maximum compensation for medical expenses, lost wages, and pain and suffering. If insurers don’t offer a fair settlement, we’re prepared to take your case to trial.
You don’t pay anything upfront—we work on a contingency fee basis, so you only pay if we win.
Let us handle the legal battle while you focus on recovery. Call us at (866) 646-6676 or schedule a free consultation
FAQs
Should I accept the first settlement offer from the trucking company’s insurance?
No, the first offer is often far lower than what you deserve. Insurance companies try to settle quickly for less, before you understand the full extent of your injuries and damages. Our lawyers will review any offer and negotiate for the maximum compensation you’re entitled to.
Do I need a lawyer for a truck accident lawsuit in California?
Yes, truck accident claims are complex and involve federal regulations, multiple liable parties, and aggressive insurance companies. Having our lawyers on your side ensures evidence is preserved, liability is properly assigned, and insurers don’t undervalue your claim. We fight to secure the compensation you deserve.
How much does it cost to hire a truck accident lawyer?
At Feher Law, we work on a contingency fee basis, meaning you pay nothing upfront. Our fees come from the settlement or verdict we win for you. If we don’t win your case, you owe us nothing. This allows you to focus on recovery without financial stress.
What if a loved one died in a truck accident? Can I file a wrongful death lawsuit?
Yes, if a family member was killed in a truck accident, you may file a wrongful death lawsuit. Compensation can cover funeral expenses, lost financial support, and emotional suffering. Our lawyers will help you find your way through this difficult time and fight for the justice your loved one deserves.
Can I sue if I was partially at fault for the truck accident?
Yes, California follows a pure comparative negligence rule, meaning you can recover compensation even if you were partly responsible. However, your settlement will be reduced by your percentage of fault. Our lawyers work to minimize your liability and maximize your recovery.
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