Los Angeles Truck Accident Lawyer

Truck cases involve federal regulations under 49 CFR Part 395 (hours of service), Part 396 (vehicle inspection), and Part 391 (driver qualifications). Multiple defendants are usually liable: the driver, the trucking company, the cargo loader, sometimes the truck manufacturer. Damages tend to be larger because injuries are more severe.

Commercial truck policies typically carry $750,000 to $1 million minimum in liability coverage, often more. Settlements for moderate injuries run $200,000 to $750,000. Catastrophic cases involving wrongful death or paralysis routinely exceed $2 to $5 million. Burg & Brock has recovered a $4.5 million truck accident verdict.

Liability often spreads across the driver, the trucking company (under respondeat superior), the cargo loader, the truck owner if different from the operator, the maintenance contractor, and sometimes the manufacturer of a defective component. Each adds a layer of insurance coverage.

The electronic logging device (ELD) data, the driver's qualification file, dispatch records, maintenance logs, the truck's black box (ECM data), and cargo manifest. Send a litigation hold letter within 48 hours. Trucking companies sometimes overwrite or destroy records on a routine schedule.

Two years from the date of the accident under Code of Civil Procedure section 335.1, same as auto cases. Wrongful death is also two years. Cases against a government-owned vehicle require a tort claim notice within six months.

Federal motor carrier law applies through the Federal Motor Carrier Safety Administration (FMCSA), so the rules are uniform. The case is typically venued in California if the crash happened in California, regardless of the truck's home state. Out-of-state trucking companies are subject to California personal jurisdiction.

Contingency. No fee unless we recover. The standard split is 33 and 1/3 percent before suit, 40% after suit is filed. Case costs (experts, depositions, court fees) come out of the settlement, not your pocket.

No. Trucking company insurers are aggressive and often offer fast lowball settlements before you know the full extent of your injuries. Refer all calls to your attorney. Anything you say can be used to reduce your claim value.

Hours-of-service violations under 49 CFR section 395.3 establish strong evidence of negligence. Speeding combined with fatigue can support a punitive damages claim under Civil Code section 3294 if the conduct shows conscious disregard for safety.

Most settle before trial. Trucking insurers usually pay fair value once liability and damages are documented. About 90% of our truck cases settle in the 12 to 24 month range. We file suit when the carrier refuses to pay fair value.