Williams & Gasparian Law represents people hurt in truck crashes on the freeways, ports, and delivery routes of Los Angeles County as well as the rest of California.
Truck cases differ from car cases in two ways: there is usually more than one responsible party, and there is far more evidence to collect. The trucking company's insurer often has an investigator at the scene the same day, so we move quickly to preserve what helps you.
How Truck Crashes Happen
Federal safety rules govern how long a driver can be behind the wheel, how the truck is maintained, and how cargo is secured. Many crashes trace back to a rule that was broken.
- Driver fatigue. Hours-of-service limits exist because tired drivers drift, tailgate, or miss brake lights. Electronic logs show whether the driver stayed within them.
- Distraction or impairment. Phones in the cab, or drugs or alcohol. Commercial drivers are tested after a serious crash.
- Speeding or unsafe lane changes. A loaded trailer needs far more room to stop or merge than the driver sometimes leaves.
- Poor maintenance. Worn brakes, bald tires, or broken lights. Inspection records show what the carrier knew.
- Inexperienced or badly trained drivers. A carrier that puts an untrained driver on the road shares the blame for what that driver does.
- Overloaded or badly secured cargo. Shifting loads cause rollovers or jackknifes. Spilled cargo causes secondary crashes.
- Blind spot collisions. Large trucks have wide zones where the driver cannot see a car beside or behind them.
What You May Be Able to Recover
California law lets an injured person claim two kinds of losses.
Economic losses
- Medical bills so far, and the cost of care you will need later
- Wages you lost while you could not work
- Reduced ability to earn if the injury is permanent
- Repair or replacement of your vehicle
- Out-of-pocket costs such as transportation, equipment, or help at home
Non-economic losses
- Physical pain
- Emotional distress
- Loss of the activities you used to enjoy
- Scarring, disfigurement, or permanent disability
Because truck injuries are often severe, future medical care and lost earning capacity can be the largest parts of a claim. We work with your treating doctors to document what care you will need. We do not quote case values on this site.
California and Federal Rules That Affect Truck Cases
- Deadline to file a lawsuit
- Two years from the crash for an injury claim under Code of Civil Procedure section 335.1. If a public agency owned the truck or maintained the road, a written government claim is due within six months.
- Who can be responsible
- The driver, the company that employs or contracts with the driver, the owner of the trailer, the shipper that loaded the cargo, a maintenance contractor, or the maker of a defective part. Under California law an employer is generally responsible for what its driver does on the job.
- Federal safety regulations
- Interstate carriers must follow the Federal Motor Carrier Safety Regulations, which cover driving time limits, drug testing, inspections, and record keeping. A violation is strong evidence of negligence.
- Higher insurance limits
- Federal rules require most for-hire interstate carriers hauling ordinary freight to carry at least $750,000 in liability coverage, far more than the minimum for a private car.
- Preserving evidence
- Electronic logging data, dashcam video, and maintenance records can be overwritten within weeks. One of our first steps is a written preservation demand to the carrier. A carrier that destroys evidence after receiving one can face consequences in court.
- Shared fault
- California's pure comparative negligence rule applies. If you were partly at fault, your recovery is reduced by that share, not eliminated.
What Happens After You Call
Five stages, from the first phone call to the day the case closes.
A free consultation
You tell us what happened. We tell you whether you have a case and what we would do first. No charge, no obligation to hire us.
Investigation
We gather the police or incident report, photos, witness statements, medical records, and video. When a case calls for it we bring in accident reconstructionists or treating physicians.
Dealing with the insurance companies
Once you hire us, insurers deal with us instead of you. We handle the calls, the letters, and the requests for recorded statements. You focus on treatment.
Negotiation or a lawsuit
When your treatment has gone far enough to know what your losses are, we send a demand. If the insurer will not pay a fair amount, we file a lawsuit and prepare the case as if it will be tried.
Resolution
Most cases settle. Some go to trial. Either way, we explain every offer to you in plain terms, and the decision to accept or reject it is yours.
Questions People Ask Us
The carrier may still be responsible. Federal rules treat the motor carrier whose name is on the truck as responsible for the driver in many situations, and California courts look at how much control the company actually had. We review the contracts, the logs, and the insurance before deciding who to pursue.
Two years from the crash for most injury claims. Six months to file a government claim if a public agency is involved. Evidence in truck cases disappears faster than in almost any other kind of case, so the practical deadline is much shorter than the legal one.
Take their name and number. Tell them your lawyer will be in touch. You do not have to give a recorded statement, sign a medical release, or accept an offer. Their investigator's job is to limit what the carrier pays.
Often, yes. Trucks are easier to identify than cars because of DOT numbers, company markings, dashcams on other vehicles, and freeway cameras. If the truck cannot be found, your own uninsured motorist coverage may apply.
We work on a contingency fee. You pay no fee up front, and our fee is a percentage of what we recover for you. If we recover nothing, you owe no attorney fee. You owe nothing for case costs either.
Most settle. Trucking insurers do not offer fair money to people who are not prepared to try the case, though, so we build every file as if it will be tried. That preparation is usually what produces a fair settlement.
Talk to a Truck Accident Lawyer in Glendale
If you or a family member was hurt in a crash with a commercial truck anywhere in California, call us or send the form. We will review what happened at no charge.
