Quick Answer
Truck accident cases run on top of federal Motor Carrier Safety Administration (FMCSA) rules in addition to California law, involve multiple potentially liable parties (driver, trucking company, cargo loader, manufacturer, maintenance contractor), and depend on time-sensitive evidence (ELD logs, dashcam footage, dispatch records, drug-and-alcohol test results) that is routinely overwritten or destroyed within 30-90 days unless an attorney preserves it.
Reviewed by Daryoosh Khashayar, ABOTA Member, founder and managing partner of Khashayar Law Group — Last updated May 2026.
A commercial truck accident is a federal regulatory case overlaid on a state tort case. Commercial truck drivers and trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA) under 49 CFR Subchapter B, which includes hours-of-service limits (49 CFR §395), driver qualification files (49 CFR §391), drug-and-alcohol testing (49 CFR §382), equipment maintenance (49 CFR §396), and minimum liability insurance (49 CFR §387). California negligence law applies on top.
The multi-party defendant structure is what separates truck cases from car cases. A single crash can produce liability for the driver (direct negligence), the trucking company (respondeat superior plus negligent hiring, training, supervision, and maintenance), the shipper or cargo loader (improperly secured or overloaded cargo), the truck or component manufacturer (defective brakes, tires, steering), and any maintenance contractors (skipped inspections, missed repairs). California’s pure comparative negligence rule under Civil Code §1714 allows recovery from each defendant in proportion to fault, which is why truck-case recoveries scale substantially higher than typical car-accident cases.
The third complication is evidence. Truck cases depend on electronic logging device (ELD) data, dashcam and inward-facing camera footage, dispatch records, post-crash drug-and-alcohol test results, weigh-station logs, and the driver’s qualification file — none of which exist in a typical car case. This evidence is routinely overwritten within 30-90 days unless a litigation hold letter is sent immediately. Khashayar Law Group recovered a $5 million policy-limits settlement after preserving exactly this evidence inside the first 30 days.
Commercial motor vehicles over 10,000 pounds (or carrying hazardous materials, or carrying 9+ passengers for compensation) are governed by the FMCSA. The most case-relevant rules:
Violations of these federal rules become powerful evidence in California state-court negligence cases (negligence per se).
A single commercial truck crash can produce liability for as many as 6 distinct defendants:
FMCSA minimums under 49 CFR §387: $750,000 liability for general freight, $1,000,000 for oil transport, and $5,000,000 for hazardous materials. Many trucking companies carry higher policies and umbrella coverage on top. When multiple defendants are on the hook in a single case, those policies stack, which is why truck cases routinely produce seven-figure recoveries that car cases cannot match.
The defining feature of truck cases is the evidence that exists only for a limited time. Critical items include:
Most of this material is routinely overwritten or destroyed within 30-90 days. A litigation hold letter sent within the first week of the case prevents that. See our dedicated FAQ on evidence preservation in San Diego truck accidents.
This FAQ relates to our Truck Accidents practice. For a free consultation with a trial attorney who has handled multiple seven-figure truck cases, call (858) 509-1550.