Quick Answer
Up to six distinct defendants can be liable in a single commercial truck crash: the truck driver, the trucking company (respondeat superior plus negligent hiring), the cargo loader or shipper, the truck or component manufacturer, maintenance contractors, and in some cases a leasing or brokering company. California’s pure comparative negligence rule under Civil Code §1714 allows the plaintiff to recover from each defendant in proportion to their share of fault.
Reviewed by Daryoosh Khashayar, ABOTA Member, founder and managing partner of Khashayar Law Group — Last updated May 2026.
California operates as a pure comparative negligence state under Civil Code §1714. In practice, that means an injured plaintiff can pursue every defendant whose conduct contributed to the crash, and recover from each in proportion to that defendant’s share of fault. Truck cases are the practice area where this rule produces the largest recoveries, because a single crash often involves four or more separately insured defendants.
Federal regulations make trucking companies independently liable for hiring decisions, training programs, supervision, and maintenance. The doctrine of respondeat superior under California law makes the company liable for the driver’s on-the-job negligence. These two theories — vicarious liability and direct corporate negligence — allow the plaintiff to access the trucking company’s much larger insurance policies even when the driver was the immediate cause.
Khashayar Law Group identified multiple defendants in our $5 million truck-and-scooter case, which is why the recovery reached policy limits. Identifying every responsible party in the first 30 days is the single highest-leverage move in a commercial truck case.
The truck driver is personally liable for any negligent act behind the wheel: distracted driving, fatigued driving (especially hours-of-service violations under 49 CFR §395), drug or alcohol impairment, speeding, following too closely, illegal lane changes, and failure to inspect the truck before driving. The driver’s personal insurance is usually minimal, but the driver remains a named defendant alongside the company to preserve jurisdiction and to support negligent-supervision claims against the employer.
The trucking company is liable on two distinct theories:
Trucking companies are required to maintain liability insurance of at least $750,000 (general freight) and up to $5,000,000 (hazardous materials) under 49 CFR §387. Many carry substantially more through umbrella policies.
Cargo shifts cause a significant percentage of truck rollovers and jack-knife crashes. The shipper or cargo loader can be liable when:
Product liability under California law (strict liability for design defects, manufacturing defects, and failure to warn) applies to truck manufacturers and component manufacturers (brakes, tires, steering systems, coupling devices). Third-party maintenance contractors can be liable in negligence for skipped inspections or improperly performed repairs. These cases require expert engineering analysis early.
This FAQ relates to our Truck Accidents practice. To identify every potentially liable party in your case, call (858) 509-1550 for a free consultation.