Class 8 commercial-vehicle crashes on the I-5 Grapevine, the I-710 port corridor, the I-405 Sepulveda Pass, and US-101 — handled the way the Federal Motor Carrier Safety Regulations require them to be handled.
Reach a lawyer 24/7. The consultation is free. You owe no fee unless we recover for you. Seven California offices: Sherman Oaks (HQ), Glendale, Beverly Hills, Irvine, Bakersfield, Visalia, and Modesto.
$1B+
Recovered for clients
3,000+
Cases handled
25+
Years in practice
7
California offices
Why a big-rig case is not a regular truck case
A big-rig case is not a passenger-vehicle crash with a larger defendant. It is a federally regulated incident with a documentary record that lives on the truck for hours and disappears after that. Class 8 commercial vehicles carry a gross vehicle weight rating above 33,000 pounds. The trucks running through Los Angeles County — the I-5 Grapevine corridor north of Castaic, the I-710 from the Long Beach and Los Angeles ports through Compton and Vernon, the I-405 Sepulveda Pass, US-101 across the Conejo grade, and the I-15 freight artery east through the Cajon Pass — are subject to the Federal Motor Carrier Safety Regulations under 49 CFR Parts 350 through 399. Those regulations create paperwork. Paperwork that wins or loses cases.
The trucking industry runs on data. Hours-of-service compliance is logged in real time on an electronic logging device under 49 CFR Part 395. Every commercial driver's pre-trip inspection is supposed to be documented under 49 CFR §392.7. The motor carrier's safety performance and crash history are tracked publicly in the FMCSA Safety Measurement System. The driver qualification file under 49 CFR §391.51 documents medical certification, driving record, and training. Drug-and-alcohol testing under 49 CFR Part 382 is required after every crash that meets reporting thresholds.
Each of those records is evidence. None of it survives without a properly drafted preservation letter to the carrier and any motor carrier of record, broker, and shipper that can be identified. The ELD's electronic record overwrites in cycles. Maintenance and dispatch records get purged. Surveillance from any rest stop or fuel-island the truck passed through gets overwritten in days. A big-rig case that does not have those preservation letters out within the first 72 hours of representation is a big-rig case missing its core evidence.
Burg & Brock's commercial-vehicle practice is led by Artin Fiterz, Cal Bar verification #323879. The firm has tried truck-crash cases out of Los Angeles for more than two decades and works the federal regulatory framework as part of every case workup, not as an afterthought.
Your rights under California law
A Los Angeles big-rig case operates under both California and federal law:
Drug & alcohol testing: 49 CFR Part 382 — post-accident testing requirements.
Carmack Amendment: 49 USC §14704 — federal civil cause of action against motor carriers in certain freight-loss contexts.
Recovery in a Los Angeles big-rig case follows California damages rules: economic, non-economic, and where supported, punitive damages under Civil Code §3294. Federal regulatory violations are admissible to prove negligence and, where the conduct is part of a pattern, to support a punitive case.
How Burg & Brock works your case
The case is built in phases. The first 72 hours after retention drive the rest of the file. Miss the early evidence preservation and the file develops with holes the carrier later exploits at deposition. A motor carrier's defense team — typically retained within hours of the crash by the carrier's primary insurer — is already on the road to the scene, taking photographs, downloading data, and locking witnesses into helpful statements before the injured plaintiff has even left the hospital. The plaintiff's lawyer has to match that cadence, which is why the firms with mature commercial-vehicle practices treat the first three days like the first three days of an emergency-room admission. Spoliation letters, scene reconstruction, ELD preservation, and witness identification are not steps that can wait until the medical picture is clearer; they are time-critical actions whose value drops to zero within a window of days.
Spoliation letters within hours. Letters to the motor carrier, the brokerage, the shipper, and the driver's employer. The letters specifically demand preservation of ELD data, dashcam footage, GPS records, dispatch logs, maintenance records, the driver qualification file, drug-and-alcohol testing results, and the truck itself in pre-repair condition.
Scene reconstruction. Photographs, drone overhead photogrammetry, skid-mark measurement, and CAD scene diagram. We work with reconstructionists who routinely testify in California state and federal court.
FMCSA SMS data review. The carrier's BASIC scores and inspection history come from the public FMCSA Safety Measurement System. Pattern violations support pattern-and-practice arguments and a punitive theory.
ELD black-box download. The electronic logging device is the equivalent of a flight data recorder. We retain forensic specialists to image and analyze the data; common findings are HOS violations, falsified logs, and disabled or improperly configured ELD units.
Driver and corporate depositions. The driver's deposition, the safety director's deposition, and the corporate 30(b)(6) deposition build the liability proof. Documentary discovery — DQ files, training records, prior incident files — feeds the depositions.
Damages workup. Catastrophic crashes need life-care plans, treating-physician narratives, vocational economists, and household-services experts. The demand reads like a verdict form.
One operational note clients regularly need to hear: the carrier's first written communication is almost always an attempt to lock the plaintiff into a low offer before the medical picture matures. Catastrophic truck-crash cases simply cannot be valued accurately at week three. The MRI findings, the surgical course, the rehabilitation trajectory, the long-term cognitive workup after a TBI — none of that is on the file by week three, and any settlement at that point is fundamentally undervalued by the eventual life-care plan. The right cadence is to keep the carrier's offer open while the medical course develops, return to the table once the treating physicians can certify the projected long-term needs, and then negotiate (or file) from a documented position.
Common Los Angeles big-rig collision types
Rear-end collisions on the I-5 Grapevine. Following-distance violations and HOS-fatigue cases.
Sideswipe collisions on the I-710. Port-traffic congestion, lane-change errors, blind-spot collisions.
Underride collisions. Trailer-side or rear-impact underride; FMVSS 223/224 rear-impact-guard standards under 49 CFR §393.86.
Jackknife crashes. Steering-axle versus drive-axle dynamics; weather and brake-balance proof.
Cargo-shift and rollover. Load-securement violations under 49 CFR Part 393 Subpart I.
Brake-failure collisions. Pre-trip-inspection failures, deferred maintenance, brake-balance test data.
Drive-fatigue and HOS-violation crashes. ELD logs, fuel-receipt cross-references, dispatch records.
Tire-blowout incidents. Tire-age and inspection-record analysis; tire-manufacturer claims where applicable.
Hazmat and tanker incidents. Subject to hazmat-specific federal regulations and CalEPA reporting.
Wrongful death from a Class 8 collision. Multi-defendant analysis, policy-stacking, and federal-court venue analysis.
Common causes
Hours-of-service violations under 49 CFR §395.3 — drivers exceeding 11 hours of driving or 14 hours on duty.
Falsified or paper-overridden ELD logs.
Missing or perfunctory pre-trip inspections in violation of 49 CFR §392.7.
Inadequate driver qualification under 49 CFR §391.51 — medical-certificate gaps, training shortfalls.
Requires clear and convincing evidence of malice, oppression, or fraud
Drunk-driving and grossly reckless conduct can qualify
Calibrated to defendant's wealth and conduct
Designed to deter, not just compensate
Appellate review limits the multiplier
Reported settlement and verdict ranges
Case profile
Injuries
Reported range
Catastrophic crash, I-710 corridor
Spinal-cord injury, lifelong impairment
$2M–$15M+ depending on policy structure
Wrongful death, I-5 Grapevine
Single fatality, surviving spouse and children
$1.5M–$10M+
Underride collision, US-101
Severe trauma, multiple surgeries
$1M–$6M
Rear-end collision with HOS violation
Multiple injuries, punitive exposure
$750k–$5M with Civil Code §3294 claim
Tractor-trailer rollover, hazmat
Burn injuries, environmental claims
$2M–$12M with overlap to environmental coverage
Past results do not guarantee future outcomes. Settlement values turn on liability, severity, insurance limits, and case-specific facts.
Why work with Burg & Brock
Burg & Brock's commercial-vehicle practice is led by Artin Fiterz, Cal Bar verification #323879. The firm has handled commercial-vehicle catastrophic-injury and wrongful-death cases out of Los Angeles for more than two decades, and the trucking practice works the FMCSR framework as a core part of every file. Members of the Consumer Attorneys of California, Consumer Attorneys Association of Los Angeles, and the American Association for Justice's Trucking Litigation Group.
Same-day spoliation-letter discipline; the file is built before the carrier knows it has a case.
Working bench of accident reconstructionists, biomechanical engineers, ELD-forensics specialists, life-care planners, and forensic economists.
Seven California offices for client access and statewide trial coverage.
No fee unless we recover; contingency under California Rule of Professional Conduct 1.5.
Seven steps after the big-rig crash
Get medical care. Even when you feel fine; trauma masks itself.
Document the scene. The truck, its USDOT and MC numbers visible on the cab, license plates, debris field, weather, and any visible injury.
Get the police report number. CHP handles most freeway incidents; the report drives the early liability picture.
Identify witnesses. Names and phone numbers; in big-rig cases the witnesses often work for trucking companies and disappear after route changes.
Decline recorded statements from the carrier's adjuster.
Preserve your damaged vehicle in pre-repair condition for inspection.
Talk to a commercial-vehicle attorney within the first 72 hours so the spoliation letters can go out before the ELD data and dashcam footage cycle.
Two-year clock under Code of Civil Procedure §335.1. California gives an injured person two years from the date of injury to file a personal-injury lawsuit
(CCP §335.1). Government-entity claims have a much shorter six-month deadline under
Government Code §911.2. Miss either deadline and the claim is gone.
Where these cases are filed
The Los Angeles Superior Court routes civil personal-injury filings to specific courthouses based on the location of the incident and the parties. Cases tied to this practice area typically land at:
Stanley Mosk Courthouse — 111 N. Hill Street, Los Angeles (general civil)
Spring Street Courthouse — 312 N. Spring Street, Los Angeles (complex civil)
U.S. District Court, Central District of California — 350 W. 1st Street, Los Angeles (federal venue when diversity jurisdiction exists; common with out-of-state motor carriers)
Talk to a commercial-vehicle trial lawyer before the carrier's evidence cycles
No fee unless we win. Consultations are confidential.
What is the FMCSR and why does it matter in my truck-crash case?
The Federal Motor Carrier Safety Regulations are the body of federal rules governing commercial motor vehicles in interstate commerce. They cover driver qualification, hours of service, vehicle maintenance, drug-and-alcohol testing, cargo securement, and dozens of other operational areas. 49 CFR Parts 350 through 399. A violation is admissible as evidence of negligence and a pattern of violations supports a punitive theory under Civil Code §3294. Most big-rig cases are won or lost on FMCSR proof.
What is hours-of-service and how does it come up in California crash cases?
Hours-of-service rules under 49 CFR §395.3 limit a property-carrying CMV driver to 11 hours of driving within a 14-hour on-duty window after 10 consecutive hours off duty. Violations are documented in the electronic logging device record. Driver fatigue is implicated in a meaningful portion of catastrophic truck crashes, and the ELD data combined with dispatch records, fuel receipts, and toll records is how an attorney proves the fatigue case in court.
How long do I have to file a big-rig accident lawsuit in California?
California gives you two years from the date of the injury under Code of Civil Procedure §335.1. The two-year clock applies regardless of whether the case is in state or federal court. If a public entity is involved (a city or county vehicle, a CalTrans roadway-design issue), the Government Code §911.2 six-month written-claim deadline applies and runs from the date of injury.
My case involves an out-of-state motor carrier. Does that change the venue?
It can. When diversity of citizenship exists between the plaintiff and the corporate defendant, and the amount in controversy exceeds $75,000, the case can be filed in or removed to the U.S. District Court, Central District of California in Los Angeles. Federal venue brings federal procedural rules, federal evidentiary standards, and a different jury pool. Motor-carrier defendants frequently remove out of state court; the strategic decision about whether to fight removal is part of the early case planning.
How is the ELD black-box data preserved?
A spoliation letter to the motor carrier sent within hours of representation demands preservation of the electronic logging device data, dashcam footage, GPS records, and dispatch logs. Without that letter the data cycles in the normal course of business. With the letter, deletion or alteration of the data after notice supports an instruction to the jury under California Evidence Code §413 — that a party may infer the lost evidence would have been adverse to the destroyer. We send those letters as a same-day-of-retention task.
Can I sue the broker or the shipper, not just the trucking company?
Sometimes. Broker liability under federal law is an evolving area; the principal line of cases involves the federal preemption arguments under 49 USC §14501(c) and the safety-regulation exception. The factual question is whether the broker negligently selected the motor carrier given the carrier's published FMCSA SMS scores and prior incidents. Shipper liability typically arises in cargo-securement cases under 49 CFR Part 393 Subpart I, where the shipper loaded the trailer and the load-securement failure caused the crash.
What is an FMCSA SMS score and is it admissible?
The FMCSA Safety Measurement System assigns scores in seven categories — unsafe driving, hours-of-service compliance, driver fitness, controlled substances/alcohol, vehicle maintenance, hazmat compliance, and crash indicator — based on roadside inspection and crash data over a rolling 24-month period. Whether SMS scores are directly admissible at trial is a contested evidentiary issue (the FAST Act and FMCSA position have evolved); the underlying inspection and crash records that drive the scores are reliably admissible and prove pattern-and-practice.
Are punitive damages available in a Class 8 truck crash?
Yes, when the conduct meets the malice/oppression/fraud standard under Civil Code §3294. Drunk-driving conduct by a commercial driver, knowing falsification of ELD logs, conscious disregard of brake-imbalance warnings, and pattern-and-practice violation of hours-of-service rules have all supported punitive findings in California. The decision is fact-specific and the proof has to be clear and convincing.
How is loss of consortium calculated for a spouse?
California recognizes loss of consortium as a separate cause of action for the uninjured spouse — recovery is for the impact on the marital relationship, including the loss of love, companionship, sexual relations, society, and physical assistance. The claim is brought in the same complaint as the injured spouse's case and is valued separately. The amount tracks the severity of the injury and its long-term impact on the marriage; it is not capped by statute outside of certain contexts.
Will I have to give a deposition?
If the case is in litigation, almost certainly yes. The plaintiff's deposition is a standard part of California civil discovery. We prepare clients carefully, the deposition is usually held at our office or by remote video, and the questioning is bounded by the rules of civil procedure and evidence.
How does Burg & Brock charge for a big-rig case?
Contingency. We advance the costs of investigation, experts, ELD forensics, and litigation, and earn a fee only if there is a recovery. The percentage is fixed in writing at the start, governed by California Rule of Professional Conduct 1.5. There is no out-of-pocket cost to the client during the case.
What if the truck driver was an independent contractor, not a company employee?
Independent-contractor status is a label that frequently does not survive scrutiny in trucking. The motor carrier's lease agreements, dispatch control, and operational integration commonly make the carrier vicariously liable under California's Borello and Dynamex line of cases, and federal lease-and-interchange regulations under 49 CFR Part 376 create their own basis for carrier liability over an owner-operator's conduct. The label on the contract rarely controls the answer.
Choose which categories of cookies and tracking technologies you allow on burgbrock.com. Strictly necessary cookies are always on so the site can function.
Strictly necessary
Required for the site to load, keep you signed in, and remember your preference choice. Always active.
Analytics
Lets us see which pages people visit so we can improve the site. No personal data is sold.
Marketing
Allows ad partners to measure the performance of ads you may have seen and show more relevant ads.
Functional
Powers extras like chat, embedded video, and remembered form fields. Turning these off may break some features.
