The law involving truck accidents, for the most part, follows the law of motor vehicle accidents; that is, plaintiff must establish negligence, causation and damages.

However, there are several unique aspects of truck accident litigation including:

- Special Vehicle Code sections that apply only to commercial trucks and other trucks.

- The special licensing and training of commercial truck drivers.

- The seriousness of injuries or death that can result from truck accidents because of the size and weight of commercial trucks.

- In some cases, the need to retain expert witnesses with truck expertise.

How Soon Must a Truck Injury Case Be Brought After an Accident?

Although there are a few exceptions, generally speaking in California a case for serious personal injury must be brought within one year of the date of the accident/incident.

In rare cases, that time period is extended to one year from the date of the discovery of a wrongdoing and/or an injury. However, be careful. If the case is against a public entity, the claim must be brought within six months of the date of the accident. Except in medical malpractice cases and cases against public entities, minors have until their 19th birthday to bring a case.

Direct negligence

A truck company can be found directly negligent in an accident if it negligently hired the driver of its truck, failed to ensure that the truck driver was properly licensed, negligently entrusted the truck driver with the truck, failed to instruct properly the truck driver on the safe use of the truck in terms of loading, unloading and driving, and for negligent maintenance of the truck as well as for failing to have truck properly equipped.

The trucking company has a “non-delegable duty,” i.e., a duty it cannot pass on to anyone else, to use reasonable care to equip and maintain the truck in compliance with the law. The truck must be equipped as required by statute and as is necessary for safe operation and must be maintained in a reasonably safe running condition. Failure to equip or maintain a truck as required by law gives rise to a presumption of negligence. No person can operate a commercial motor vehicle without a special driver’s license and without passing a special examination. A commercial truck driver who is convicted of any offense involving the safe operation of a truck or has his or her license or privileges suspended, revoked or canceled, must notify the employer within 30 days.

Under California law, no person may be issued a commercial driver’s license until passing a written and driving test for the operation of a commercial motor vehicle which complies with the minimum Federal standards. Further, until a truck driver passes the airbrake component of the knowledge test, they must have a license which restricts them from operating trucks with air brakes.

Drivers that operate a double trailer, tank vehicle, carry hazardous materials, or transport certain kinds of loads require a special DMV endorsement to be able to drive.

Compensatory Damages in Truck Accident Cases.