Truck Accidents

San Diego Truck Accident Attorneys

Khashayar Law Group represents people seriously injured in commercial truck collisions across San Diego County. Led by ABOTA-member trial attorney Daryoosh Khashayar, the firm’s published truck accident results include a $5,000,000 truck-and-scooter full-policy settlement, a $4,900,000 commercial truck accident settlement, a $2,300,000 truck-versus-truck jury verdict, and a $2,000,000 rear-end truck policy-limit settlement. Khashayar Law Group has recovered more than $165 million for clients across hundreds of matters. Past results do not guarantee future outcomes. Consultations are free and carry no obligation.

Why Truck Accident Cases Are Different from Car Accident Cases

A commercial truck collision is not the same as a passenger-vehicle crash — legally or practically. Federal trucking regulations apply on top of California law, multiple parties may share liability, and time-sensitive evidence is often controlled by the trucking company and its insurers. Trucking companies typically begin investigating within hours of a crash, and important evidence — electronic logging data, onboard computer records, dashcam footage, driver qualification files, dispatch records, and maintenance records — may have a limited window before it is no longer available. Early legal guidance can help protect that evidence and clarify what steps may matter most.

How Khashayar Law Group Approaches Truck Accident Cases

Khashayar Law Group approaches every serious truck accident matter with the understanding that the case may ultimately need to be litigated. The firm prepares serious-injury cases with trial in mind from the start. The process begins with investigation — identifying all parties who may be involved, issuing preservation letters for time-sensitive evidence, reviewing applicable Federal Motor Carrier Safety Administration (FMCSA) regulations, gathering medical records, evaluating insurance coverage across all potentially liable parties, and building an accurate factual record before the facts are narrowed or disputed by the other side.

Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings on behalf of his clients. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco. Serious truck accident cases are often prepared with litigation in mind from the beginning. A lawyer's trial experience can matter because commercial carriers and insurers may evaluate not only the facts of the crash, but also whether opposing counsel is prepared to litigate if settlement negotiations fail. Outcomes vary by case.

ABOTA Membership and What It Means for Truck Accident Clients

Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization reserved for attorneys who have demonstrated substantial civil jury-trial experience. ABOTA is an invitation-only organization of plaintiff lawyers, defense lawyers, and members of the judiciary whose membership requirements include civil jury-trial experience — at the Member level, at least seven civil jury trials to verdict or hung jury as lead counsel — along with local chapter approval. ABOTA membership is one signal of trial experience. For truck accident victims, trial preparation can affect how trucking companies and their insurers evaluate settlement risk, although outcomes vary by case, venue, evidence, and applicable law.

Federal Regulations That Apply to San Diego Truck Crashes

The FMCSA regulates every commercial motor vehicle over 10,001 pounds operating in interstate commerce, and most California intrastate carriers are subject to substantially similar rules under the California Motor Carrier Permit program administered by the California Highway Patrol. The federal regulations most often relevant in truck accident litigation include:

• Hours of Service (49 CFR §395). Drivers may not operate more than 11 hours after 10 consecutive hours off-duty, may not drive after 14 hours on-duty, and must take a 30-minute break after 8 cumulative hours. Electronic logging devices record every minute, and hours-of-service violations are documented in a significant share of fatal truck crashes.
• Drug and Alcohol Testing (49 CFR §382). Drivers must submit to post-accident drug and alcohol testing whenever a crash involves a fatality, an injury requiring transport from the scene, or a vehicle that must be towed.
• Driver Qualifications (49 CFR §391). Motor carriers must maintain a driver qualification file that includes driving record, medical examiner’s certificate, road test, and prior employment verification. Failure to vet a driver with disqualifying history is independent negligence by the carrier.
• Inspection, Repair, and Maintenance (49 CFR §396). Carriers must perform pre-trip inspections, document and repair defects, and keep maintenance records for at least 12 months. Brake failures, tire blowouts, and steering problems traced to skipped maintenance create powerful evidence against the carrier.
• Cargo Securement (49 CFR §392.9 and §393.100–393.142). Improperly loaded or unsecured cargo that shifts during transit can destabilize the trailer, increase rollover risk, and make the truck significantly harder to control.
• Lease Regulations (49 CFR §376). Carriers that lease equipment from owner-operators remain liable for collisions caused by leased drivers when the carrier holds operating authority and the lease is in effect.

Who May Be Liable in a San Diego Truck Accident Case

Responsibility in a truck accident case may not rest with a single party. A properly investigated San Diego truck accident case identifies every potentially responsible party. Common defendants include:

• The truck driver — for negligent operation, fatigue, intoxication, distraction, unsafe lane changes, or failure to follow traffic laws.
• The motor carrier (trucking company) — vicariously under California’s respondeat superior doctrine and independently for negligent hiring, training, retention, supervision, or scheduling pressure that contributes to hours-of-service violations.
• The owner-operator — when the driver is an independent contractor leased to a carrier under federal lease regulations.
• The freight broker — when the broker selected an unsafe carrier.
• The shipper or cargo loading company — when cargo was improperly loaded or secured.
• Maintenance contractors — when a vehicle was serviced before the accident and a known issue was not properly repaired or addressed.
• The truck or component manufacturer — when a mechanical defect such as a brake, tire, steering, or stability failure contributed to the collision.

Compensation Generally Available in California Truck Accident Cases

California law generally allows truck accident victims to pursue compensation across several categories of damages. What is available in any specific case depends on the facts and circumstances involved. Categories of damages that may be available include:

• Medical expenses — emergency care, hospitalization, surgery, rehabilitation, and anticipated future medical treatment.
• Lost income and reduced earning capacity — wages missed during recovery and long-term impacts on the ability to work.
• Pain and suffering — physical pain, emotional distress, and loss of enjoyment of life.
• Property damage — repair or replacement of the vehicle and personal property involved in the crash.
• Wrongful death damages — available to surviving family members when a truck accident results in a fatality, under California Code of Civil Procedure §§377.60–377.62.
• Punitive damages — in cases involving drunk driving, intentional misconduct, or particularly egregious safety violations, under California Civil Code §3294.

California applies a comparative fault rule in personal injury cases, which generally means that fault and compensation can be apportioned across multiple parties.

Time Limits for Filing a California Truck Accident Claim

California Code of Civil Procedure §335.1 generally provides a two-year period to file a personal injury claim arising from a truck accident. If a government vehicle, government driver, or public road defect contributed to the collision, California Government Code §911.2 requires a written government claim within six months. Property-damage-only claims have a three-year statute under §338. Missing these deadlines ends the right to recover, regardless of how strong the liability evidence may be. Evidence-preservation deadlines often run shorter than the legal statute, which is why early consultation matters.

Published Truck Accident Results

Khashayar Law Group’s published results in truck accident cases include:

• $5,000,000 — truck-and-scooter full-policy settlement
• $4,900,000 — commercial truck accident settlement
• $2,300,000 — truck-versus-truck jury verdict
• $2,000,000 — rear-end truck collision policy-limit settlement

Across all personal injury matters, Khashayar Law Group has recovered more than $165 million for clients. Past results do not guarantee future outcomes. Past results do not guarantee similar outcomes in future cases. Every case depends on its own facts, evidence, injuries, insurance coverage, and applicable law.

Frequently Asked Questions — San Diego Truck Accident Attorneys

How is a truck accident claim different from a car accident claim in California?

Truck accident cases typically involve federal regulations (FMCSA), multiple potentially liable parties, and larger commercial insurance policies than standard car accident claims. The trucking company’s insurer is usually experienced and may begin responding within hours of a crash. These cases generally require a more involved investigation than a standard two-vehicle collision.

Who may be responsible for my medical bills after a truck accident in San Diego?

This depends on the specifics of the accident, available insurance coverage, and the facts of the case. In the short term, personal health insurance or MedPay coverage may apply. Compensation for medical expenses is generally a component of a personal injury claim — how that works in any specific situation is something an attorney can help clarify.

How long do I have to file a truck accident lawsuit in California?

Two years from the date of the crash for personal injury under California Code of Civil Procedure §335.1; three years for property damage only under §338; six months to file a written government claim under Government Code §911.2 if a government entity is involved.

What evidence is critical in a California truck accident case?

Electronic logging device data, post-crash drug and alcohol testing records, driver qualification file, maintenance records, dashcam footage, engine control module (ECM) data, bill of lading, dispatch communications, and the carrier’s safety rating. A spoliation letter should be sent within days of a serious crash to preserve this evidence.

Should I speak with the trucking company’s insurance adjuster?

Many people in this situation find it helpful to speak with an attorney before providing recorded statements or discussing the details of the accident with a carrier’s representative. How you respond to early contact can affect how a claim develops.

Can I still pursue a claim if I was partially at fault for the truck accident?

California’s comparative fault rules generally allow injured parties to pursue claims even when they share some responsibility for an accident. How fault is assessed and what it means for a specific claim is a legal question that depends on the facts involved.

Do truck accident cases usually involve more than one insurance company?

They can. Depending on the facts, a truck accident case may involve the truck driver’s personal coverage, the trucking company’s commercial policy, trailer coverage, cargo coverage, third-party contractor coverage, or other policies. Identifying all available coverage is typically part of the investigation process.

How much does a San Diego truck accident attorney cost?

Khashayar Law Group works on contingency. There is no attorney fee unless the firm recovers compensation for you. The initial consultation is free and confidential.

What is ABOTA and why does it matter for truck accident clients?

ABOTA — the American Board of Trial Advocates — is an invitation-only organization of plaintiff lawyers, defense lawyers, and members of the judiciary. Membership requirements include substantial civil jury-trial experience — at the Member level, at least seven civil jury trials to verdict or hung jury as lead counsel — along with local chapter approval. Daryoosh Khashayar is an ABOTA member. ABOTA membership is one signal of trial experience; trial preparation can affect how insurance carriers evaluate settlement risk, although outcomes vary by case.

Talk to a San Diego Truck Accident Attorney

Khashayar Law Group represents people injured in serious truck accidents throughout San Diego County. The firm brings over 20 years of trial experience, published results in commercial truck cases, and ABOTA-recognized courtroom credentials to every matter it handles. Consultations are free and carry no obligation. Khashayar Law Group is located at 1350 Columbia St., Suite 303, San Diego, CA 92101. Call (858) 509-1550 to speak with the firm directly.