In this article 7 sections
A collision with a tractor-trailer or other large truck can change your life in a few seconds. A fully loaded big rig can weigh many times more than a passenger car, and the people in the smaller vehicle almost always take the worst of it.
What many people do not realize is that a truck crash is also a different kind of legal case. A car accident usually involves two drivers and two insurance policies. A truck accident can involve a driver, a trucking company, a freight broker, a shipper, a maintenance contractor, and several layers of insurance, all governed by federal safety regulations as well as California law.
If you or someone you love was hurt in a truck crash, here is what makes these cases different and what you can do to protect your claim.
The Scale of the Problem
The National Highway Traffic Safety Administration’s large-truck fact sheet for 2023 (published April 2025) reported that 5,472 people were killed nationwide in traffic crashes involving large trucks, which NHTSA defines as trucks with a gross vehicle weight rating over 10,000 pounds. Seventy percent of those killed were occupants of other vehicles.
In California, 392 people died in crashes involving large trucks in 2023, according to the same report. Of those, 366 were people outside the truck: drivers and passengers in other vehicles, pedestrians, and cyclists.
Trucking Is Heavily Regulated, and Those Rules Matter in Court
Commercial trucking is governed by the Federal Motor Carrier Safety Regulations, found in Title 49 of the Code of Federal Regulations. Many California-only (intrastate) operations follow California’s own rules in Title 13 of the California Code of Regulations. When a trucking company or driver breaks these rules, the violation can be important evidence of negligence.
Hours of service
Fatigue is a well-known danger in trucking, so federal law limits how long drivers may drive. For property-carrying trucks in interstate commerce, 49 CFR section 395.3 generally provides that a driver:
- Must have 10 consecutive hours off duty before starting a shift
- May drive up to 11 hours within a 14-hour window after coming on duty
- Must take at least a 30-minute break after 8 hours of driving (with some exceptions)
- May not drive after 60 hours on duty in 7 days, or 70 hours in 8 days, depending on the carrier’s schedule, unless they take a qualifying 34-hour restart
California’s intrastate truck drivers follow different limits. Under 13 CCR section 1212.5, an intrastate truck driver generally may drive up to 12 hours after 10 consecutive hours off duty, may not drive after the 16th hour after coming on duty, and may not drive after 80 hours on duty in 8 consecutive days. Interstate carriers and hazardous materials haulers must follow the federal rules.
Which set of rules applies depends on the facts of the trip, and that question is often one of the first things we look at.
Speed
California sets a separate speed limit for big trucks. Under Vehicle Code section 22406, a truck or truck tractor with three or more axles, or one pulling another vehicle, may not be driven on a highway faster than 55 miles per hour, even where cars may legally go faster.
Maintenance, inspections, and drug and alcohol testing
Motor carriers must systematically inspect, repair, and maintain the vehicles they control (49 CFR section 396.3). Worn brakes, bad tires, and lighting failures can turn into liability for the company responsible for maintenance.
After certain crashes, federal rules also require the employer to test the surviving driver for alcohol and drugs. Under 49 CFR section 382.303, testing is required after any crash involving a death, and after crashes involving injuries treated away from the scene or disabling vehicle damage when the truck driver receives a citation for a moving violation within a set time. Whether those tests were done, and done on time, can matter.
More Than One Party May Be Responsible
In a typical car crash, the question is whether the other driver was careless. In a truck crash, the question is broader: who else contributed to the danger?
Depending on the facts, responsible parties may include:
- The truck driver, for speeding, fatigue, distraction, impairment, or unsafe lane changes
- The motor carrier, which is often responsible for its driver’s conduct on the job and may also be responsible for its own careless hiring, training, supervision, scheduling, or maintenance
- A freight broker, if it carelessly selected an unsafe carrier to haul the load
- The shipper or loader, if improperly loaded or secured cargo contributed to the crash
- A maintenance or repair company, if faulty work caused a mechanical failure
- A manufacturer, if a defective part such as a brake or tire played a role
A major Supreme Court ruling on freight brokers
Brokers have long argued that a federal law, the Federal Aviation Administration Authorization Act (FAAAA), shields them from negligent-hiring claims. On May 14, 2026, the U.S. Supreme Court unanimously rejected that argument in Montgomery v. Caribe Transport II, LLC. The Court held that a claim that a broker negligently hired a motor carrier is not preempted by the FAAAA, because the law’s safety exception preserves states’ authority to regulate safety with respect to motor vehicles.
In plain terms, a broker that arranges a load generally cannot use federal preemption to escape a state-law claim that it carelessly picked an unsafe trucking company. Whether a particular broker is actually liable still depends on the evidence, such as what it knew or should have known about the carrier’s safety record.
Evidence Disappears Fast in Truck Cases
Trucking companies generate a great deal of data, and much of it can be lost if no one acts quickly. Federal rules require some records to be kept, but often only for a limited time:
- Records of duty status and supporting documents (including electronic logging device records): at least 6 months (49 CFR section 395.8(k))
- Driver vehicle inspection reports: 3 months (49 CFR section 396.11)
- Inspection, repair, and maintenance records: 1 year where the vehicle is housed or maintained, and 6 months after the vehicle leaves the carrier’s control (49 CFR section 396.3(c))
- The carrier’s accident register: 3 years after each accident (49 CFR section 390.15)
- Driver qualification files: for the length of employment and 3 years after (49 CFR section 391.51)
Other evidence may not have a set retention period at all: engine control module (“black box”) data, dash camera footage, GPS and telematics records, dispatch messages, and the driver’s phone records. That is why one of the first steps in a truck case is usually a written demand that the company preserve all of it, sent as early as possible.
Insurance in Truck Cases
Federal law requires for-hire interstate carriers of general freight in trucks over 10,000 pounds to carry at least $750,000 in public liability coverage, and more for certain hazardous materials (49 CFR section 387.9). That is far above California’s minimum for passenger cars. Larger carriers often carry more, and brokers, shippers, and other parties may have their own policies.
More coverage also means insurers with more at stake. Trucking companies and their insurers often send investigators to a serious crash scene quickly. Before you give any statement or sign anything, read our post on why the first settlement offer is usually too low.
What to Do After a Truck Crash
Many of the steps in our first 24 hours guide apply, along with a few specific to trucks:
- Get medical care right away, and follow through with treatment. Truck crashes often cause serious injuries that are not obvious at first.
- Write down the truck’s identifying information: the company name on the door, the USDOT number, the trailer number, and the license plates.
- Photograph everything, including the truck, the trailer, any cargo, the road, and skid marks.
- Get witness contact information and note any nearby businesses that may have cameras.
- Do not give a recorded statement to the trucking company’s insurer without advice.
- Talk to a lawyer early, so preservation demands go out before records are overwritten or destroyed.
Truck cases are document-heavy and often involve experts and contested litigation. Mike Stodolka’s approach to these cases centers on preparation: learning the regulations, the logs, and the maintenance history well enough to out-prepare the other side. John Reardon’s nearly two decades of clinical experience as a chiropractor helps us make sure the medical side of your claim is fully documented.
Most California personal injury lawsuits must be filed within two years under Code of Civil Procedure section 335.1, and a claim involving a government-owned truck generally must be presented within six months under Government Code section 911.2.
Talk to a California Truck Accident Lawyer
A truck crash is not just a bigger car accident. It involves more rules, more parties, more evidence, and more insurance, and the early days matter. Our truck accident team can explain your options and start protecting the evidence.
The consultation is free, and you pay nothing unless we recover compensation for you. Call us at 657.522.7122.