Catastrophic Injury · Commercial Vehicles
California Trucking Accident Attorney
Civil trial representation for people seriously injured by tractor-trailers, big rigs, delivery vehicles, and other commercial trucks. Federal regulations create real accountability — when properly developed.
Federal regulations + California law + sophisticated defendants.
Why trucking cases are different from regular car accidents
A collision with an 80,000-pound commercial truck is a fundamentally different case than a passenger-vehicle crash. Trucking companies operate under the Federal Motor Carrier Safety Administration (FMCSA) regulations — covering driver hours of service, vehicle maintenance, driver qualification, drug testing, brake inspection, and load securement. Violations of these regulations are direct evidence of negligence per se. Defendants typically include the truck driver, the motor carrier, the truck owner, the cargo owner, the maintenance provider, and where applicable the broker or shipper. Insurance limits are usually federal-minimum $750,000 to several million.
Common trucking case scenarios
- Driver fatigue from hours-of-service violations (49 CFR Part 395)
- Improper braking, brake failure, or maintenance negligence
- Tire blowouts and equipment failures
- Improperly secured loads (49 CFR Part 393)
- Driver intoxication or drug use
- Inadequate driver training or qualification
- Distracted driving (mobile devices, dispatch systems)
- Failure to inspect or maintain (49 CFR Part 396)
- Underride collisions
Critical evidence preservation
Trucking cases require immediate evidence preservation. Within days, attorneys typically need to send spoliation letters demanding preservation of: the truck's electronic control module (ECM) data, the electronic logging device (ELD) records, driver qualification files, drug-test records, maintenance records, dispatch and load records, dashcam footage, post-accident drug test results, and the driver's qualification file. Federal regulations require many of these records to be retained for only 6 months to a year. Wait too long and the evidence is lost.
Applicable law
Federal: 49 CFR Parts 350–399 (FMCSA regulations); 49 USC § 14501 (federal preemption analysis where relevant). California: Cal. Civ. Code § 1714 (negligence); Cal. Veh. Code provisions on commercial vehicle operation; Cal. Code Civ. Proc. § 335.1 (2-year statute of limitations); Cal. Code Civ. Proc. § 377.60 (wrongful death); Cal. Civ. Code § 3294 (punitive damages where conduct supports them, e.g., gross hours-of-service violations).
Damages and case value
Trucking accident cases regularly produce significant damages because (a) the victim is usually catastrophically injured (impact severity), and (b) commercial defendants carry meaningful insurance limits. Recoverable damages include past and future medical expenses, lost earnings and lost earning capacity, life-care plan costs for severe injuries, pain and suffering, and punitive damages where appropriate. Severe trucking cases routinely produce multi-million-dollar settlements or verdicts.
Common Questions
How much insurance do trucking companies carry?
Federal minimums are $750,000 for general freight, $1 million for hazardous materials transported in non-bulk, and $5 million for hazardous bulk materials and certain passenger carriers. Many carriers carry significantly more. Multiple defendants (driver, carrier, broker, cargo owner) can mean stacked policies.
What if the truck driver was an independent contractor?
Independent-contractor labels do not automatically shield the motor carrier from vicarious liability. Federal regulations (49 CFR § 376.12) and California's Borello/Dynamex framework determine actual control. We evaluate the operational reality, not just the contract label.
How quickly do I need to act?
Immediately. Federal regulations require many trucking records to be retained for as little as 6 months. Spoliation letters need to go out within days, not weeks. The two-year California statute of limitations is the outer bound, but the evidence-preservation clock runs much faster.
Do you handle trucking cases against major national carriers?
Yes. We accept trucking cases against any defendant where the facts and venue support our involvement. Major carriers have sophisticated defense counsel; we prepare these cases for trial accordingly.
For a confidential review of your case:
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.