When a car hits a car, there is usually one driver and one insurance company on the other side. Commercial trucking is different. A single load can involve a driver, a motor carrier, a company that owns the trailer, a shipper and a broker. Any of them may share responsibility for a crash.
The driver
A truck driver who speeds, drives distracted, follows too closely or stays on the road past federal hours-of-service limits can be personally liable. In practice, the driver’s employer and its insurer usually stand behind that liability.
The trucking company
A motor carrier is generally responsible for crashes its drivers cause while working. The company can also be liable for its own conduct, including:
- hiring drivers with poor safety records or without proper qualifications
- inadequate training and supervision
- schedules that cannot be met without breaking hours-of-service rules
- skipping inspections and maintenance
Some carriers label drivers as independent contractors to distance themselves from liability. Federal regulations and California law often look past that label.
Other companies in the chain
Truck and trailer owners
The tractor and the trailer may be owned by different companies, each responsible for keeping its equipment safe.
Shippers and loaders
Cargo that is overloaded, unbalanced or poorly secured can cause a rollover or a spill. The company that loaded it may be liable.
Maintenance contractors and manufacturers
A shop that performed faulty brake work, or a manufacturer that supplied a defective tire or part, can be responsible when that failure causes a crash.
Public agencies
Occasionally a dangerous road design or a missing warning contributes to a truck crash. Claims against government entities generally require a written claim within six months.
How liability is proven
The evidence that sorts this out is mostly in the trucking company’s hands: electronic logging device records, engine control module data, dash camera video, the driver’s qualification file, and inspection and maintenance records. Carriers are required to keep some of it for only a limited time. A preservation letter sent soon after the crash puts the company on notice not to destroy it.
What if you were partly at fault?
California uses comparative fault. Your compensation is reduced by your percentage of responsibility and is not barred. Fault is also divided among the defendants.
Our California truck accident lawyer page covers what to do after a crash and how these claims proceed. If a truck crash took a family member’s life, see wrongful death claims. Our Oakland office sits minutes from the I-880 freight corridor.
Hit by a commercial truck? Time matters.
Call us so evidence preservation demands can go out quickly. The consultation is free.
This article is general information about California law as of its publication date. It is not legal advice and does not create an attorney-client relationship. Laws change, and how they apply depends on your facts. Consult an attorney about your situation.
