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Being partly responsible for a truck accident does not bar your recovery in California. California uses a pure comparative negligence rule, set by the California Supreme Court in Li v. Yellow Cab Co. (1975). Your recovery is reduced by your percentage of fault. On comparative fault grounds alone, you are never completely barred from recovery. Truck accident cases often involve multiple parties, such as the truck driver, the trucking company, a shipper, a maintenance company, or a vehicle manufacturer. Even if you bear some responsibility for the crash, the trucking company’s significant liability may still lead to substantial recovery.
Key Takeaways
- California’s pure comparative negligence rule, from Li v. Yellow Cab Co. (1975), reduces your recovery but never eliminates it based on your percentage of fault alone
- Trucking companies and their insurers aggressively argue maximum fault against injured motorists to reduce their liability, so an experienced attorney is critical
- Common ways plaintiffs share partial fault in truck accidents: following too closely, distracted driving, unsafe lane changes near the truck’s blind spots, or cutting off the truck
- FMCSA regulations (49 CFR Parts 390 to 399) impose strict safety duties on commercial truck drivers; violations create strong negligence per se claims even when the plaintiff is partly at fault
- California’s two-year statute of limitations (CCP Section 335.1) applies to truck accident injury claims
How Comparative Fault Works in Truck Accident Cases
In a truck accident case, if a jury determines you were 20% at fault and the truck driver and trucking company were 80% at fault, your $500,000 damages award is reduced by 20%: you recover $400,000. The trucking company’s insurer remains liable for their 80% share.
Common Ways Plaintiffs Share Fault in Truck Accidents
Blind spot collisions: large commercial trucks have significant blind spots on all four sides. A motorist who lingers in a truck’s blind spot or cuts in front of a truck without adequate clearance may be assigned partial fault. However, the truck driver still has a duty to check mirrors and execute lane changes safely.
Following too closely: a motorist who was tailgating a truck and rear-ended it when the truck stopped or slowed may share fault under CVC Section 21703. However, if the truck stopped suddenly without warning due to a mechanical failure caused by poor maintenance, the trucking company may bear primary liability.
Distracted driving: a motorist who was distracted and failed to avoid a truck that was making a legal maneuver shares fault for the distraction. However, distracting conduct by the plaintiff does not excuse FMCSA hours-of-service violations or overweight loads by the carrier.
Minimizing Your Fault Percentage
Attorney Damoun Yazdi conducts a thorough investigation of all contributing causes, including the truck’s electronic logging device (ELD) data, the carrier’s maintenance records, drug and alcohol test results post-accident, the truck’s black box (EDR) data, and cell phone records. This evidence frequently reveals trucking company violations that shift fault back to the defendant, reducing the plaintiff’s percentage significantly.
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 About Your Truck Accident Fault Dispute
Trucking companies routinely blame the other driver first, before their own driver’s logbook, maintenance records, or black box data are ever pulled. Attorney Damoun Yazdi requests that evidence immediately, often revealing hours-of-service and maintenance violations that shift fault back where it belongs and increase what you recover.
Free consultations, contingency fee, no upfront cost. His team serves Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield, and throughout Southern California. 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.
