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Deciding who to file a claim against after a truck accident is harder than after a standard car accident. Several parties may share liability: the truck driver, the trucking company, the cargo loading company, the vehicle or parts manufacturer, and the maintenance provider. You need to identify every party who may be liable, because each may carry separate insurance coverage. That helps you seek the most compensation. Attorney Damoun Yazdi at The Accident Network Law Group investigates truck accident liability for clients throughout Southern California.
Key Takeaways
- Truck accidents often involve multiple liable parties, each with separate insurance policies
- The trucking company is frequently liable under respondeat superior (employer liability) and for its own negligence in hiring, training, and supervision
- Federal Motor Carrier Safety Administration (FMCSA) regulations create specific duties that, when violated, establish negligence
- Cargo loading companies can be liable when improperly secured loads cause or contribute to accidents
- Your attorney must investigate quickly because trucking companies often send rapid response teams to the accident scene to preserve evidence favorable to their defense
The Truck Driver
The truck driver is the most obvious defendant. If the driver’s negligence caused the accident, you can file a claim against them. Common forms of truck driver negligence include distracted driving (cell phone use, GPS adjustment, eating), drowsy driving in violation of FMCSA hours-of-service regulations, speeding or driving too fast for road or weather conditions, impaired driving (alcohol, drugs, or prescription medications), failure to check blind spots before lane changes, following too closely, and running red lights or stop signs.
However, the truck driver alone may not have sufficient personal insurance to cover serious injuries. This is why identifying additional liable parties is essential.
The Trucking Company
The trucking company is often the most important defendant because it typically carries the largest insurance policy. Trucking companies can be held liable in two ways.
Respondeat superior (employer liability): When a truck driver causes an accident while performing duties within the scope of their employment, the employer is vicariously liable for the driver’s negligence. This applies to company drivers who are employees.
Independent contractor issues: Some trucking companies classify their drivers as independent contractors to avoid respondeat superior liability. However, California courts look at the actual working relationship, not just the label. If the company controls the driver’s routes, schedules, equipment, and work conditions, the driver may be deemed an employee regardless of the contract language.
Direct negligence: The trucking company can also be directly liable for negligent hiring (failing to check driving records or criminal history before hiring), negligent training (inadequate safety training), negligent supervision (failing to monitor driver compliance with hours-of-service rules and drug/alcohol testing), negligent maintenance (failing to properly maintain vehicles), and negligent retention (keeping a driver with known safety violations or substance abuse issues).
FMCSA regulations (49 CFR Parts 390-399) impose specific duties on trucking companies regarding driver qualifications, hours of service, vehicle maintenance, drug and alcohol testing, and cargo securement. Violations of these regulations establish a breach of duty that supports your negligence claim.
The Cargo Loading Company
When improperly loaded or secured cargo contributes to a truck accident, the company responsible for loading the cargo may be liable. Overloaded trucks take longer to stop and are more difficult to control. Unevenly distributed cargo can cause the truck to tip or roll. Improperly secured cargo can shift during transport, causing the driver to lose control, or can fall from the truck and strike other vehicles.
FMCSA regulations (49 CFR Part 393) set specific requirements for cargo securement, including the types and quantities of tie-downs required for different cargo types.
The Vehicle or Parts Manufacturer
If a mechanical failure caused or contributed to the accident, the manufacturer of the truck or the defective component may be liable under California’s strict product liability doctrine. Common defective components in truck accidents include brake systems, tire blowouts from manufacturing defects, steering mechanisms, coupling devices connecting the tractor to the trailer, lighting and signal systems, and engine or transmission failures.
Under California strict liability (established in Greenman v. Yuba Power Products, 1963), you do not need to prove the manufacturer was negligent. You only need to prove the product was defective when it left the manufacturer’s control and the defect caused your injuries.
The Maintenance Provider
Trucking companies may outsource vehicle maintenance to third-party repair shops. If a maintenance provider performs repairs negligently (for example, improperly servicing brakes or failing to identify worn tires), they can be held liable for accidents resulting from their work.
Government Entities
If the accident was caused or contributed to by dangerous road conditions, such as poorly maintained highways, missing signage, inadequate lighting, or construction zone hazards, the government entity responsible for road maintenance may be liable.
For government claims, California Government Code Section 911.2 requires a tort claim within six months of the injury. This deadline is strict and cannot be extended easily.
Why Identifying All Defendants Matters
Each liable party in a truck accident may carry separate insurance coverage. The truck driver may have personal auto insurance (often with limited coverage). The trucking company is required by FMCSA to carry minimum liability insurance of $750,000 to $5,000,000 depending on the type of cargo transported (49 CFR Section 387.9). The cargo loading company may carry commercial general liability insurance. The manufacturer may carry product liability insurance. Each additional defendant increases the total available insurance coverage for your claim.
Attorney Yazdi’s Approach to Truck Accident Investigation
Attorney Damoun Yazdi began his career as a paralegal at a personal injury firm and later served as a law clerk at the Los Angeles County District Attorney’s Office. This background gives him investigation skills critical in truck accident cases, where evidence must be preserved quickly.
Trucking companies often dispatch rapid response teams to the accident scene to collect evidence that favors their defense and to inspect the driver’s records and electronic logging device (ELD) data before it can be altered or destroyed. Your attorney must act immediately to send preservation letters for the truck’s black box data, driver logs, maintenance records, drug and alcohol test results, and the trucking company’s safety records.
Attorney Yazdi’s approach includes sending spoliation (evidence preservation) letters within 24 hours, retaining accident reconstruction experts when needed, obtaining the truck driver’s complete employment file, reviewing FMCSA compliance records through the Safety Measurement System (SMS), and identifying all insurance policies available for your claim.
California Laws Relevant to Truck Accident Claims
California Code of Civil Procedure Section 335.1 sets a two-year statute of limitations. Government Code Section 911.2 requires a tort claim within six months for government entities.
California Civil Code Section 1714 establishes the general duty of care. FMCSA regulations (49 CFR Parts 390-399) supplement this duty with specific trucking industry requirements.
California Vehicle Code Section 16056 (amended by SB 1107, effective January 1, 2025) sets general auto insurance minimums at $30,000/$60,000/$15,000, but commercial trucks are subject to higher FMCSA minimums.
California follows pure comparative negligence (Li v. Yellow Cab Co., 1975), allowing recovery even when the victim bears partial fault.
Nicky C
I can't explain in this short review how much Damoun and his team mean to us, but I'll try. My husband was in a near fatal motor cycle accident. He was T-boned by a pick up truck 4 months after we had our baby girl. The stress, fear and sadness I felt could not be measured I had no idea what to do or what happened. I'm so lucky we connected with Damoun and his group. It was a weekend and of course he was working lol. They really took care of us and put our minds at ease. The care and love they give their clients is unreal and I still can't believe how lucky we were to find them. Please if you need help, want someone who cares and will work for you this is the group. Damoun Yazdi you are amazing and so is your group we love you guys. Thank you for changing our lives for the better and for caring.
Contact The Accident Network Law Group to Identify Every Liable Party
Truck accident claims often involve more insurance policies, and more resistance, than a typical crash. The Accident Network Law Group can investigate the driver, the carrier, the cargo loader, and any equipment involved to identify every source of recovery available to you. Consultations are free, cases are handled on a contingency basis with no upfront fees, and the firm serves Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, Bakersfield, and the surrounding region. Se habla espanol.
Legal Disclaimer
This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.
