California Truck Accident Lawyer Guide: Laws, Deadlines and Rights

California moves more freight than almost any other state, with the ports of Los Angeles and Long Beach, the Central Valley, the Inland Empire warehouse region and long corridors like I-5, I-10, I-15, I-40, I-80 and Highway 99. According to NHTSA, California recorded 391 deaths in crashes involving large trucks in 2024, the second most in the country after Texas. This guide explains the California laws that matter most after a truck crash, the evidence to protect and how to choose a California truck accident lawyer. We do not recommend or rank any firm.

California truck accident laws at a glance

• Filing deadline: two years for personal injury and wrongful death under the California Code of Civil Procedure.
• Government claims: a written claim must generally be presented within six months when a city, county, state agency or other public entity may share responsibility.
• Fault rule: pure comparative negligence. Your recovery is reduced by your percentage of fault, with no cutoff.
• Insurance system: at-fault. Minimum liability limits for ordinary vehicles rose to $30,000 per person, $60,000 per accident and $15,000 for property damage on January 1, 2025.
• Damages: California has no general cap on damages in ordinary injury cases. Medical malpractice has its own cap, and punitive damages require clear and convincing proof of malice, fraud or oppression.
• Prop 213: an uninsured driver generally cannot recover non-economic damages, even if the other driver was fully at fault. Passengers are not affected in the same way.

How pure comparative fault works

If a jury decides you were 30% responsible for a crash and your damages were $500,000, your award is reduced by 30%. Unlike Maryland or Kansas, California does not bar you at any level of fault. Insurers still try to raise your percentage, because every point reduces what they pay. That is why scene photos, video, witness statements and the truck's electronic data matter.

Multiple defendants: how Proposition 51 works

Truck crashes often involve more than one responsible party. Under California Civil Code § 1431.2 (Proposition 51), each defendant is liable for non-economic damages, such as pain and suffering, only in proportion to its own share of fault. Economic damages, such as medical bills and lost income, can still be recovered from any liable defendant in full. This distinction means a careful investigation of the driver, carrier, shipper, maintenance contractor and any public entity can change what is realistically collectible.

Prop 213: "no pay, no play"

Under California Civil Code § 3333.4, a person who was driving without valid auto insurance at the time of the crash generally cannot recover non-economic damages from an insured at-fault driver. Economic damages are not affected, and passengers in the vehicle are treated differently. If you are not sure what applied to you, ask a lawyer.

Who may be responsible for a California truck crash

• The truck driver, for speeding, distraction, fatigue or impairment.
• The motor carrier, for the employee's actions and for negligent hiring, training, dispatch or maintenance.
• A broker, shipper or cargo loader if unsafe loading or carrier selection contributed.
• A repair shop or parts maker if brakes, tires or steering failed.
• A public entity, in some cases involving road design or maintenance, subject to the six-month claim rule.

Some carriers say the driver was an independent contractor. Federal leasing rules and California employment law can still make the carrier responsible depending on the facts, so this is a question for a lawyer.

Insurance in a California truck crash

For ordinary vehicles, California's minimum limits are now 30/60/15 under SB 1107, and they are scheduled to rise again in 2035. Uninsured and underinsured motorist coverage is offered by insurers, and limits are often low compared with serious injury costs. Commercial trucks are different. Under federal rules, interstate carriers hauling general freight must carry at least $750,000 in liability coverage, with higher minimums for some hazardous cargo. Many carriers carry more.

Evidence that matters in a California truck case

• The crash report, often from the California Highway Patrol or local police
• Photos and video of the scene, the truck, its markings and its USDOT number
• Driver logs and electronic logging data. Hours-of-service rules apply, and carriers generally keep logs for only six months.
• Dash camera footage, engine data and maintenance records
• Witness contact information
• Medical records and bills from the first day

You can look up the carrier's federal inspection and crash history in the FMCSA SAFER system. California also regulates many commercial carriers through the DMV and the California Highway Patrol. Nationally, NHTSA counted 5,340 deaths in large-truck crashes in 2024, and about 70% of those killed were in other vehicles.

What compensation may include

• Medical expenses, past and future
• Lost income and reduced earning capacity
• Pain and suffering, subject to the rules above
• Property damage
• In a fatal crash, funeral costs and wrongful death damages for eligible family members

No one can promise a result. The value depends on your injuries, the evidence, the insurance available and your share of fault.

Steps to take after a truck crash in California

1. Call 911 and get medical care, even if you feel fine.
2. Photograph the scene, the truck and its USDOT number.
3. Get the police report number and witness information.
4. Check whether a report to the DMV is required. California generally requires one within ten days when a crash causes injury, death or property damage above a set amount.
5. Do not give a recorded statement to the trucking company's insurer without advice.
6. Speak with a California truck accident lawyer early, especially if a public entity may be involved.

Choosing a California truck accident lawyer

Confirm the lawyer is licensed in California through the State Bar, ask about commercial trucking experience, and ask how the firm handles evidence preservation. Many injury lawyers work on contingency, so there is no fee unless you recover, but percentages and case costs vary. Read our guide on attorney fees and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with a California attorney. We do not endorse any law firm.

Frequently asked questions