A crash with an 80,000-pound tractor-trailer leaves you with injuries, medical bills, and calls from an insurance adjuster who already has a plan. So what exactly does an attorney who deals with truck accidents do? They protect your rights, investigate the crash, find every party that may be liable, and pursue compensation for your losses, so you are not up against a trucking company and its insurers alone.
Since 1996, Burg & Brock has been handling serious injuries of Californians. Founder Cameron Yadidi Brock joined the California State Bar then. They handle cases involving catastrophic injuries and deaths and also truck accidents; they offer free reviews in both English and Spanish. If you or someone close to you have been hurt in an accident with a truck, please call contact our team for a free review of your case.
A truck accident lawyer is a personal injury attorney who handles claims arising from crashes with commercial vehicles: tractor-trailers, box trucks, tankers, garbage trucks, and delivery vans. This work intersects with a case involving an auto accident but also involves another body of law. Interstate carriers must follow the Federal Motor Carrier Safety Regulations in Title 49 of the Code of Federal Regulations, on top of California's own negligence rules.
The second layer changes how cases are put together. Federal rules set a driver's hours, drug testing, inspection schedule, and the carrier's minimum insurance. A lawyer who understands those rules can see violations that a general practitioner might overlook and violations are usually the strongest evidence of fault.
Size explains most. According to the National Highway Traffic Safety Administration's Large Trucks: 2023 Data fact sheet, 5,472 people died in crashes involving large trucks in 2023, and 70 percent of them were in other vehicles. The same report tallies up 392 fatalities from truck accidents in California truck crashes that year. Of those, there were 366 people outside the truck.
Truck loads also carry have more defendants. A car accident claim usually involves one driver who is responsible for an accident and one insurance company. A truck crash can involve the driver, the motor carrier, a freight broker, the shipper, a repair shop, and a parts maker, each with its own insurer and lawyers. In 2023, according to NHTSA reports, 80% of fatal crashes involving large trucks involved collisions with multiple vehicles.
Every case runs on its own timeline, but most truck claims pass through the same stages. Here's what your lawyer does at each step.
The first meeting looks at reviewing cases. The lawyer asks how the crash happened, who was involved, and what treatment you've had so far, then looks at whatever you have: the police report number, photos, and any letters from insurers.
The lawyer will explain to you the options that apply under California law. If you hire the firm, it takes over all contact with the insurance companies. Just this move avoids a lot of problems. Adjusters often call within days and ask for a recorded statement, and anything you say can be used to argue you share the blame.
Speed matters more in a truck case than in almost any other injury claim, because the most useful records have short federal retention periods. Under 49 CFR §395.8(k), drivers only have to keep records of duty status for six months. Under 49 CFR §396.3(c), inspection and maintenance records only have to be kept for one year.
So one of the first things a lawyer does is send a preservation letter to the carrier. It puts the company on written notice to keep the electronic logging device (ELD) data, engine "black box" data, dashcam video, dispatch messages, and the driver's qualification file. After that notice, destroying those records has become a serious problem for the defense.
With the records protected, the legal team pulls the police report, photographs the scene and vehicles, interviews witnesses, and looks for nearby business cameras before the footage is recorded over.
Then the lawyer crosschecks the ELD data against federal limits for hours of service. Under 49 CFR §395.3, a property-carrying driver may drive no more than 11 hours, may not drive past the 14th hour after coming on duty following 10 consecutive hours off, and must take a 30-minute break after 8 hours of driving. An entry showing a driver exceeding limits is evidence of fatigue and also indicates that someone let this happen.
Liability rarely stops with the driver. California Civil Code §1714(a) holds everyone responsible for injuries resulting from failure to exercise ordinary care and that responsibility extends to trucking companies as well. A carrier is usually responsible for its employee's driving on the job, and it can also be liable for its own negligent hiring or maintenance.
The table below shows the parties a lawyer typically examines and the evidence that tends to prove each one's share of fault.
| Potentially liable party | What it may have done wrong | Evidence that can prove it |
|---|---|---|
| Truck driver | Speeding, fatigue, distraction, impairment | ELD logs, phone records, dashcam, toxicology |
| Motor carrier | Allowed illegal hours, hired an unqualified driver, skipped repairs | Dispatch records, driver qualification file, maintenance logs |
| Shipper or loader | Overloaded or unbalanced cargo | Bills of lading, weigh station records |
| Repair shop | Faulty brake or tire work | Work orders, inspection reports |
| Manufacturer | Defective brakes, tires, or steering parts | Recall notices, expert inspection of the parts |
| Public agency | Dangerous road condition or a government-owned truck | Road maintenance records, agency crash reports |
California follows pure comparative fault, a rule the California Supreme Court adopted in Li v. Yellow Cab Co., 13 Cal.3d 804 (1975). If you were partly at fault, you can still recover damages, reduced by your percentage of responsibility. Trucking insurance companies are very familiar with this rule and they frequently pass the blame onto injured drivers as well; that is why an early investigation is really important.
Then the lawyer figures out how much the claim is worth. Economic damages include medical care, lost wages, lost earning capacity, and property damage. Non-economic damages cover pain, emotional distress, and loss of enjoyment of life. For cases of severe injuries lawyers frequently call upon doctors, planners for lifelong care, and also economists to figure out how much future treatment and lost income will cost.
When a crash is fatal, the case becomes a wrongful death claim. California Code of Civil Procedure §377.60 names who is able to bring something; starting with the surviving spouses or registered domestic partner and the children.
Trucking firms carry much more insurance compared to most individual drivers. 49 CFR §387.9 sets a federal $750,000 for for hire carriers that transport general freight interstate and $5 million for most shipments of hazardous materials.
Big policyholders have adjusters and lawyers who deal with truck claims every day. Your lawyer sends a demand package backed by the evidence, answers each argument the insurer raises, and tells you plainly whether an offer reflects your case's value. You get to decide if you want to accept it.
If the insurers won't make a reasonable offer, the lawyer files suit. In California, most injury and wrongful death lawsuits must be filed within two years under Code of Civil Procedure §335.1. Litigation brings discovery: written questions, document demands, and depositions of the driver, dispatchers, and safety managers. Many truck cases settle once the carrier sees the evidence a jury would hear. If yours doesn't, your lawyer presents it at trial.
Burg & Brock's practice centers on catastrophic injury and wrongful death cases, and its published results include a $4.5 million truck accident recovery. Founder Cameron Yadidi Brock has been selected to the California Super Lawyers list (Personal Injury, General: Plaintiff) each year from 2023 through 2026, and has served as a pro tem judge in the Los Angeles Superior Court since 2012. Each credential and its source is listed on our awards and recognition page. Past performance does not guarantee future results.
The biggest advantage is knowing the rules of trucking really well. A lawyer who reads ELD data and maintenance logs regularly can tell when a driver's hours don't add up or a brake inspection was skipped, and those violations often move a case more than anything else.
A lawyer brings resources that most people can't get together on their own. Accident reconstruction engineers use black box data and crush damage to show speed and braking at impact. Medical experts explain how an injury might restrict how many years you can work in the future. Burg & Brock advances those costs and is reimbursed only from a recovery.
And once you have a lawyer, adjusters have to go through your attorney instead of calling you, so you can focus on treatment.
Defense funding for truck cases is greater compared to car cases. Large carriers often send their own investigators to a serious crash within hours, and their insurers keep defense firms on retainer that handle nothing but trucking claims.
It's also harder to pin down liability. When the driver, the carrier, a broker, and a manufacturer all point at one another, your lawyer has to sort out who did what using records the defendants control. That involves subpoenas, deposition testimony and expert witnesses.
Missing deadlines results in more claims being rejected than do weak evidences. The table lists the dates and retention periods that a lawyer keeps track of right from day one of a California truck accident case.
| Deadline or retention period | What it covers | Source |
|---|---|---|
| 6 months | Claim against a public entity (city trash truck, Caltrans, transit agency) | Cal. Gov. Code §911.2 |
| 6 months | Carrier must keep driver duty-status records | 49 CFR §395.8(k) |
| 1 year | Carrier must keep inspection and maintenance records | 49 CFR §396.3(c) |
| 2 years | Personal injury or wrongful death lawsuit | Cal. Code Civ. Proc. §335.1 |
The six month government claim gets missed by people. If your accident involves a garbage truck or any other kind of public vehicle, you Government Code §911.2 requires a written claim to the relevant agency within six months. This guide covers any exceptions for California personal injury statute of limitations.
Most truck crashes trace back to a handful of causes, and each one points the investigation toward different records:
Fatigue gets a lot of attention for good reason. In the Large Truck Crash Causation Study, 13 percent of commercial motor vehicle drivers were coded as fatigued at the time of the crash, according to the Federal Motor Carrier Safety Administration. Our page on drowsy driver accidents explains how we build those cases. If the company sets delivery times that drivers cannot meet legally the company can be held liable along with the driver.
You can help your case before the first meeting. Start with the steps to take after a truck accident, then gather what you have:
After you hire a lawyer, keep a simple journal of appointments, symptoms, and missed work. Tell your lawyer about this new treatment right away and avoid posting anything related to the crash on social media. Also, forward all calls regarding insurance matters to your lawyer. Read the fee agreement before you sign, and ask about anything unclear.
A truck case puts you up against a carrier, its insurers, and a defense team that started working the day of the wreck. You don't need have to match them yourself.
Burg & Brock handles truck accident cases throughout California on a contingency fee, so you pay no attorney fee unless the firm recovers money for you. Our Los Angeles truck accident lawyers can review of your case for free, in either English or Spanish. Contact 818-875-9209 to set up a free evaluation of your case.
This is the kind of stuff that people commonly ask about when figuring out what a truck accident lawyer actually does and if they should hire one.
A truck accident lawyer steps in to take on the parts of the claim that are hardest to manage on their own. They send preservation letters so the carrier keeps its ELD data, dashcam video, and maintenance records. They investigate the crash, identify every liable party, and work with experts to calculate medical costs, lost wages, and future care. They also take care of all communication with insurance companies. If no reasonable offer comes, the lawyer files suit within the two-year deadline under California Code of Civil Procedure §335.1 and takes the case through discovery and, if needed, trial. You make the final decision on any settlement.
It depends on your injuries and losses. California law lets injured people pursue economic damages, such as medical bills, lost wages, reduced earning capacity, and property damage, plus non-economic damages for pain, emotional distress, and loss of enjoyment of life. Families who lose someone can bring a wrongful death claim under Code of Civil Procedure §377.60. If you were partly at fault, California's pure comparative fault rule reduces your recovery by your share instead of barring it. Because 49 CFR §387.9 requires most for-hire interstate carriers to carry at least $750,000 in coverage, more insurance money is usually available than in a car crash.
Most truck accident lawyers work on contingency, with no upfront fees. California Business and Professions Code §6147 requires contingency fee agreements to be in writing and to state the fee rate. At Burg & Brock, the standard fee is 33⅓ percent if the case resolves before a lawsuit is filed and 40 percent after. The firm advances case costs such as experts and depositions, which are repaid from the settlement or verdict. If there is no recovery then there would be no fee charged to the lawyer. We go into more detail when we break down what a truck accident lawyer costs in California.
Waiting for too long is the most costly mistake. Carriers only have to keep driver logs for six months under 49 CFR §395.8(k), and claims involving a government vehicle carry a six-month deadline under Government Code §911.2. Before you get an attorney, give a recorded statement to the insurance company of the trucking firm. A third is hiring someone who rarely handles commercial vehicle cases, since truck claims turn on federal safety rules car cases never touch. Ask any lawyer you're considering how many trucking cases they have experience with and also find out who will actually be working on your case. You can meet the people behind Burg & Brock's cases on our attorneys page.
This article is for general information only and is not meant as legal advice. Reading from them or contacting Burg & Brock does not establish an attorney-client relationship. Past results do not guarantee future outcomes; every case depends on its specific details. Attorney Advertising. Attorney Cameron Yadidi Brock, California State Bar 183112 is the attorney responsible for this content.
Cameron Brock is a recognized personal injury lawyer in Los Angeles with extensive experience and success representing individuals and families in catastrophic personal injury and wrongful death cases.
Cameron’s established track record of helping those who have been harmed by wrongful conduct, violations of safety rules, and defective products has focused on claims involving automotive product defect, tire product defect, commercial truck accidents, trash truck accidents, airplane and helicopter crashes, train disaster, government liability for dangerous condition of public property, and general negligence.
Read more about Cameron BrockWe turn your pain into payouts. No stress, no upfront fees, just real results when you need them most.
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