Why truck cases are different
Commercial trucking is heavily regulated, so violations of safety rules are often central to proving fault. Truck crash cases also tend to involve several companies and larger insurance policies than ordinary car crashes, and every one of those companies will try to shift blame to the others, or to you.
Interstate motor carriers must follow the Federal Motor Carrier Safety Regulations, which cover driver qualifications, hours of service, vehicle inspection and maintenance, and cargo securement. 49 C.F.R. Parts 390–399 Hours-of-service rules limit how long drivers may drive and require rest breaks. 49 C.F.R. Part 395
Common causes of truck crashes
- Driver fatigue and hours-of-service violations
- Speeding or following too closely for the truck's stopping distance
- Distraction, including dispatch devices and phones
- Improperly loaded or secured cargo
- Brake, tire and lighting failures from poor maintenance
- Wide right turns and blind-spot lane changes
- Inexperienced or improperly trained drivers
Who can be responsible
- The truck driver
- The motor carrier that employed or contracted with the driver, under employer liability and its own duties to hire, train and supervise
- The cargo loader or shipper, for overloading or unsecured cargo
- A maintenance company, for negligent repairs
- The truck or parts manufacturer, for defects such as brake or tire failures
- A broker, in some cases, depending on its role
In Arizona, every responsible party needs to be identified early, because defendants can ask the jury to assign fault to a "nonparty" who is not in the lawsuit. A.R.S. § 12-2506 In California, each defendant pays non-economic damages only in proportion to its fault. Cal. Civ. Code § 1431.2
Evidence that wins truck cases, and disappears fast
- Electronic logging device (ELD) and engine control module data: speed, braking and hours
- Driver qualification file, drug and alcohol testing records
- Inspection and maintenance records
- Dispatch communications and delivery schedules
- Bills of lading and cargo loading records
- Dash camera and inward-facing camera video
- The truck itself, before it is repaired
Some records may be kept only for limited periods under federal rules, so a prompt written demand to preserve evidence is one of the first things Eli sends.
Injuries and damages
Truck crashes frequently cause traumatic brain and spinal cord injuries, multiple fractures, internal injuries and, too often, death. Damages can include lifetime medical and care costs, lost earning capacity, pain and suffering and, for families, wrongful death damages. Arizona places no cap on damages for injury or death. Ariz. Const. art. 2, § 31
How trucking insurers defend these cases
They deploy investigators to the scene immediately, contend the car driver cut off the truck, dispute injuries with their own medical examiners, and blame other parties. Eli counters with early evidence preservation, the carrier's own records, and experts in reconstruction and trucking safety where the case calls for them.
Videos: before you talk to the insurer
Before You Give Insurance a Recorded Statement, Watch This
What to know before you talk to the other driver's insurance company or agree to give a recorded statement.
About to Accept That $20,000 Settlement? Watch This First.
Why it pays to understand the full value of your claim before accepting an early settlement offer.
Watch Before You Sign! Car Accident Settlement Offer?
Early settlement offers can arrive before you know your future treatment needs, lost income or other damages. What to consider before you sign.
A guess can later be treated like a fact and used when evaluating your claim.
Why "I'm not sure" can be the right answer when an adjuster asks you to estimate speeds or distances.
Truck accident FAQ
Is the trucking company responsible for its driver?
Usually, when the driver was working, under employer liability principles. The company can also be directly responsible for negligent hiring, training, supervision or maintenance.
What if the truck driver was an independent contractor?
Federal and state rules often still place responsibility on the motor carrier whose authority the truck operated under. The answer depends on the specific arrangement.
How long do I have to file?
Generally two years in both California and Arizona, but evidence should be preserved immediately. Claims involving government vehicles have much shorter notice deadlines.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
