A collision with a semi-truck, a box truck, or a delivery van in Los Angeles is a different case from a collision between two cars. The vehicle is regulated by federal rules, the company behind it keeps records that expire on a schedule, and responsibility usually reaches past the driver. The first conversation with the firm is free and confidential.
Attorney Lilit Gevorgyan represents people injured in truck and commercial vehicle crashes throughout Los Angeles County from the firm’s office in Glendale. Truck cases are handled within the firm’s auto accident and personal injury practice.
Why a truck case is different
A commercial truck operating across state lines is governed by the Federal Motor Carrier Safety Regulations. Three rules shape almost every Los Angeles truck case:
- Hours of service. Under 49 CFR section 395.3, a property-carrying driver may drive a total of 11 hours after 10 consecutive hours off duty, may not drive after the 14th hour on duty, and may not drive if more than 8 hours of driving time have passed without a 30-minute break. Fatigue cases are built from the logs that record these hours.
- Minimum insurance. Under 49 CFR section 387.9, a for-hire interstate carrier of non-hazardous property in a vehicle over 10,000 pounds must carry at least $750,000 in financial responsibility. That figure is a floor set by regulation, not a measure of any case.
- Speed. Under Vehicle Code section 22406, a truck tractor with three or more axles, or any truck drawing another vehicle, is limited to 55 miles per hour on California highways regardless of the posted limit for cars.
The evidence expires on a schedule
Trucking companies keep records because the regulations require it, and the same regulations say when they may discard them. Under 49 CFR section 395.8, records of duty status and supporting documents are retained for six months. Under section 395.22, the carrier must keep a backup of electronic logging device data for six months. Under section 396.3, inspection and maintenance records are kept for one year while the vehicle is in the carrier’s control and for six months after it leaves. Under section 390.15, the carrier’s accident register is kept for three years. The driver qualification file under section 391.51 holds the application, licensing and medical records that show whether the driver was qualified to be on the road.
The practical consequence is that a written preservation demand goes out early, naming the logs, the electronic control module data, the dashcam footage, the dispatch records, and the maintenance file, so that none of it is discarded on schedule.
Who is responsible
Responsibility in a truck case usually reaches past the driver. Under Civil Code section 2338, a principal is responsible to third persons for the negligence of its agent in the transaction of the agency’s business, which is how a trucking company answers for its driver. Under Vehicle Code section 17150, the owner of a vehicle is liable for injury caused by anyone operating it with the owner’s permission. In many crashes the tractor, the trailer, the cargo, the maintenance and the dispatch belong to different companies, and the investigation identifies each one’s role. Fault is apportioned by percentage under California’s comparative negligence rule, so the trucking company’s insurer will look for fault to assign to the other driver.
Los Angeles specifics
On the freeways, the California Highway Patrol has primary jurisdiction over collision investigation under Vehicle Code section 2400, so a crash on the 5, the 10, the 101, the 405 or the 710 is generally investigated by the CHP, and the collision report is requested from the CHP office that handled it. A crash on a city street is generally investigated by the Los Angeles Police Department or the local city’s police, and the report comes from that department. The report is evidence, not a verdict, and the firm obtains it along with the scene photographs and witness information.
The 710 corridor between the ports and the rail yards, the 60 and the 10 through the eastern warehouse districts, and the 5 through the northern county carry heavy commercial traffic. Crashes there commonly involve out-of-state carriers, which is why the federal rules above apply.
The general period for a claim is two years under Code of Civil Procedure section 335.1.
How the firm helps
- A preservation demand to the carrier and every related company, sent early, naming the records the regulations require them to keep.
- Investigation of the driver’s hours, qualification and history, the vehicle’s maintenance, and the cargo, together with the collision report, scene evidence and witness statements.
- Identification of every responsible party and every applicable insurance layer, including the carrier’s federal minimum coverage and your own uninsured or underinsured motorist coverage where it applies.
- Communication with the carrier’s insurer and adjusters so that you are not handling a commercial claims operation alone. Our guide to the steps to take after a serious car accident covers what to keep from the first days.
Injuries in truck collisions are often severe. Our explainer on what counts as a catastrophic injury describes how those cases are approached, and our article on delayed pain after a car accident explains why symptoms that appear later still belong in the record.
Personal injury matters are handled on a contingency-fee basis: legal fees are a percentage of any recovery rather than an hourly bill. Costs and expenses may apply; the details are set out in a written engagement agreement before any representation begins. Every case is different, and results depend on the facts of each case.
Request a free consultation or call (310) 900-9300. Consultations and representation are available in English, Spanish, Russian, and Armenian.
Frequently Asked Questions
Who can be responsible after a truck accident in Los Angeles?
Often more than one party. The driver is responsible for their own negligence, and under Civil Code section 2338 an employer is responsible to third persons for an employee's negligence in the course of the business. Vehicle Code section 17150 makes an owner liable for injury caused by anyone driving the vehicle with the owner's permission. Trucking also involves separate companies for the tractor, the trailer, the cargo loading, the maintenance, and the freight broker, and each is examined for its own role.
How long does the trucking company have to keep the records?
Not long. Under the Federal Motor Carrier Safety Regulations, records of duty status and their supporting documents must be kept for six months (49 CFR section 395.8), a backup of electronic logging device data for six months (section 395.22), vehicle inspection and maintenance records for one year while the vehicle is in the carrier's control and for six months after it leaves (section 396.3), and the accident register for three years (section 390.15). A written preservation demand early in the case is what keeps that evidence available.
How long do I have to file after a truck accident?
For a claim against a private driver or company, generally two years from the injury under Code of Civil Procedure section 335.1. The dates in a particular case should be confirmed early.
Where is your office, and do you handle truck accident cases across Los Angeles County?
Our office is at 655 North Central Avenue, Suite 1700 in Glendale. The firm represents people injured throughout Los Angeles County, and consultations are available by phone or video. Consultations and representation are available in English, Spanish, Russian, and Armenian.
