Who Is Liable in a Truck Accident in California?

Looking for the legal definitions and rules that determine who is liable in a truck accident in California?

As the victim of a trucking accident, you may be facing medical bills, lost wages, and long-term injuries—and the last thing you want is misunderstandings that can cost you the compensation you deserve.

In this article, we’ll help you get a clear answer on who may be liable in your case.

You’ll learn:

What California law says about liability in truck accidents
Explain who is responsible for your injuries
Outline the evidence you need to prove your claim

Who Are We?

We’re Los Justicieros, specialist car and trucking accident lawyers in Los Angeles. We have over 200+ five-star Google Reviews and have recovered $150 million in compensation for our clients.

Among our case results for trucking accident victims, we have won a $239,000 settlement for a client injured in a truck accident in Salinas, California, and a $500,000 payout following a semi-truck collision in Sacramento.

Want an expert’s opinion?

Who is Liable in a Truck Accident in California?

Under California negligence law, a person is considered liable if their actions cause injury to someone else. That means if you were injured in a truck accident, the person or party responsible may also be liable for your medical bills, lost wages, pain and suffering, and other damages.

Let’s dig a little deeper into how the legal definition.

Under California Civil Code §1714(a), a person is considered “responsible” for injuries caused to another when those injuries result from someone’s actions “willfully or by want of ordinary care.” This statute forms the legal foundation for negligence and personal injury claims in California.

But when a case goes to trial, juries are given a simplified legal standard. According to the Judicial Council of California Civil Jury Instructions (CACI) No. 400:

“[Name of plaintiff] claims that [he/she/nonbinary pronoun] was harmed by [name of defendant]’s negligence. To establish this claim, [name of plaintiff] must prove all of the following:
1. That [name of defendant] was negligent;
2. That [name of plaintiff] was harmed; and
3. That [name of defendant]’s negligence was a substantial factor in causing [name of plaintiff]’s harm.”

These jury instructions are essential to understanding how personal injury liability works. If you’re seeking compensation (also known as damages), it’s not enough to assume someone else caused the crash—whether you’re dealing with an insurance adjuster, opposing lawyer, judge, or jury, you may need to prove liability with compelling evidence (we’ll explain 10 key ways to do that below).

Is the Trucking Company Responsible in a Truck Accident?

If you’re thinking about filing a personal injury claim after a truck accident, one of the first things to understand is who to file the claim against:

Is the truck driver responsible?
Or is the trucking company ultimately liable for what happened?

If you’re going to hold the company accountable, you must prove that the company itself was negligent. Below, we’ll walk through some clear examples of when truck drivers vs trucking companies can be held responsible for negligence in a truck accident case.

Truck Driver Liability

If a truck driver owns their own vehicle and operates as an independent contractor, then they are often solely liable for their actions. Some of the largest trucking companies in the USA have a policy of using freelance drivers. This means the negligent driver carries their own commercial insurance, which covers accidents they cause.

But there are also situations where you might file a claim directly against a truck driver, even if they were employed by a trucking company at the time of the crash.

Here are a few common examples where the driver may be held liable:

Intentional misconduct: If the driver’s actions went beyond the scope of employment—such as a drunk truck driver accident or engaging in road rage—they may be responsible for your injuries.
Frolic and detour: If the driver was on a personal errand, detour, or otherwise acting outside the scope of their job duties, they could be held individually liable.
Violation of policy: If the driver knowingly ignored company safety rules—such as causing a truck driver fatigue accident or disabling a safety system—and the company can prove it did not condone or authorize the behavior, the driver may bear full responsibility.

How do I know if an employed truck driver is at fault?

If a trucking accident lawyer is handling your case, we investigate the crash to determine who is responsible.

We’ll look at employment records, safety protocols, and internal communications to uncover signs of negligence or company defenses.

For example, if the company claims the driver violated safety policies, a lawyer can request training logs, dispatch records, and even GPS data to see if the company enforced those policies or turned a blind eye. An attorney can request information through legal tools like subpoenas and discovery, which aren’t typically accessible or effective for the average person.

This is why getting legal representation is so important following a trucking accident.

If you’d like this kind of expert assistance, you can contact us at Los Justicieros for a free consultation at no cost or or obligation to you.

How do I know if an trucking company is liable following an accident?

If the negligent truck driver was an employee acting within the scope of their job when the accident occurred, the trucking company will most likely be held liable.

But it’s not always that simple.

To hold a trucking company liable, you still need to prove that either the driver or the company was negligent. In order to do this, it’s important to gather evidence and understanding the full context of the crash in order to build a strong truck accident insurance claim.

Some of the most common legal grounds for holding a commercial trucking company liable include:

Negligent hiring: A trucking company may be liable if it hires a driver with a known history of DUIs, license suspensions, or other disqualifying safety violations.
Inadequate training: Companies can be held responsible if they fail to properly train drivers on handling large vehicles, complying with safety laws, or responding to hazardous road conditions.
Poor vehicle maintenance: Liability may arise if a company neglects routine inspections or repairs, leading to brake failure, truck tire blowout accidents, or other mechanical issues that cause a crash.
Unsafe company policies: A company may be at fault if it encourages drivers to skip rest breaks, exceed speed limits, or ignore safety rules to meet delivery deadlines.
Respondeat superior / vicarious liability: A company can be held liable for its employee’s negligence if the driver was acting within the scope of their job when the accident occurred.
Breach of FMCSA regulations: Violating federal safety rules such as Hours of Service (49 CFR §395), cargo securement (49 CFR §393.100–136), or maintenance standards (49 CFR §396) can establish liability if those breaches contributed to the accident.

Other parties that may be liable in an accident

In some cases, third-parties may be legally liable for a trucking accident, depending on how the crash occurred and who contributed to the conditions that caused it.

Truck manufacturer

The truck manufacturer may be liable for personal injury claims if a defect in the vehicle contributed to the accident. This could include faulty brakes, steering components, or other mechanical failures that caused the driver to lose control. If your crash involved sudden mechanical failure, a product liability investigation may reveal that the manufacturer bears some responsibility.

Truck maintenance provider

A third-party maintenance provider may be liable for personal injury claims if they failed to properly inspect, repair, or service the truck. For example, if a contracted mechanic overlooked worn brake pads or failed to tighten a loose component that later caused the crash, they could be held responsible.

Cargo loaders and shipping companies

Cargo loaders or shipping companies may be liable for personal injury claims if improper loading contributed to the accident. This includes overloaded trailers, unbalanced cargo, or unsecured freight that shifts during transit and causes the driver to lose control. If the truck tipped over or caused a truck jackknife accident, it may point to loading errors worth investigating.

Government entity

A government entity may be liable for personal injury claims if unsafe road conditions contributed to the accident. Examples include poorly maintained roads, missing signage, inadequate lighting, or dangerous construction zones without proper warnings.

Third-party motorist

A third-party motorist may be liable for personal injury claims if their actions caused or contributed to the truck accident. This could involve sudden lane changes, failure to yield, or aggressive driving that forced the truck to swerve or brake unsafely. Even if the truck struck your vehicle, another driver’s negligence may be the root cause.

Want an Expert Opinion on Who’s Liable for Your Injury?

Truck accident claims can become complex quickly, especially when multiple parties may share responsibility. While you’re focused on recovery or returning to work, a legal expert can help determine who’s truly at fault and what evidence is needed to prove it.

Click here to contact us for a free consultation and get clarity on your next steps — at no cost to you.

Who pays if both parties are at fault?

In California, you can still file a personal injury claim and recover damages even if you were partly at fault for the accident.

That’s because California follows a pure comparative fault system, codified under California Civil Code §1431.2 and clarified through case law. This system allows damages to be awarded based on each party’s percentage of fault—even if you (the plaintiff) are more at fault than the defendant.

As an example:

You may be partially responsible for speeding or making an unsafe lane change.
But the truck driver may proportionally more responsible than you for showing signs of truck driver fatigue.

Can You Be Held Liable if Using a Hands-free Device Before the Accident?

In California, using a hands‑free device before an accident does not automatically mean you’re liable.

California Vehicle Code §23123(a) prohibits a driver from using a wireless phone unless it is configured for hands‑free use and used that way. Any handheld use while driving—including looking at GPS or holding the phone—is illegal. But if you were using a hands-free device legally and attentively, it’s unlikely to impact your claim or fault percentage.

Why you Should Be Very Wary of Signing a Release of Liability Form

If you’ve been approached by a lawyer representing the trucking company with a settlement offer, be careful. Signing anything too soon could limit your right to fair compensation. Do not sign any forms without talking to a truck accident lawyer first.

As soon as you sign a release of liability form you are accepting to:

Not sue the company later for more compensation
Reopen the case at any date—even if your injuries worsen
Make any future personal injury claims related to the accident

Victims—especially those facing medical bills or time off work—can feel pressured or misled into thinking they have to sign right away or risk getting nothing.

This happens all the time.

That’s why personal injury attorneys advise against signing a release without fully understanding your injuries and legal options.

10 Pieces of Evidence to Prove Liability in a Truck Accident Claim

The stronger and more detailed your evidence is, the better your chances of holding the right party accountable.

This is true whether you’re bringing a claim against the largest commercial trucking companies in the US, a third-party motorist, a maintenance provider, a cargo loader, or even a vehicle manufacturer.

Let’s look at 10 crucial pieces of evidence that have helped our legal team at Los Justicieros win millions of dollars in case settlements for our clients:

1. Dash Cam Footage

Dash cam footage can provide a clear, real-time visual record of how the truck accident occurred, making it a powerful tool for proving liability. It may show the truck driver running a red light, tailgating, drifting between lanes, or reacting too slowly.

2. Surveillance Footage

Surveillance footage from nearby businesses, traffic cameras, or homes can capture the accident from a third-party perspective. This footage might show the truck speeding, making an illegal turn, or failing to yield.

Because many surveillance systems automatically overwrite old footage, it’s crucial to act quickly to request and preserve any available recordings before they’re lost.

3. Black Box Data

Black box data (also known as electronic control module or ECM data) records critical information about the truck’s operation in the moments before a crash. It can reveal the truck’s speed, braking activity, engine performance, and whether the driver attempted to avoid the collision.

Accessing this data often requires legal action, and it’s especially valuable in cases involving disputed driver behavior or claims of equipment failure.

If you think black box data is important for your claim, then contact us for a free consultation to find out more about our methods for securing the data for you.

4. Driver Logs

Driver logs document the hours a truck driver has been on the road, and are used to ensure compliance with federal Hours of Service (HOS) regulations. These records can show whether the driver exceeded legal driving limits, skipped required rest breaks, or falsified entries, all of which can support claims of negligence due to fatigue or regulatory violations.

Some drivers or companies may alter or omit log entries, so cross-referencing with GPS or black box data is often necessary to confirm accuracy.

5. Electronic Logging Device (ELD) Data

Electronic Logging Device (ELD) data automatically records a truck’s driving time and movement, providing a more accurate and tamper-resistant version of traditional driver logs. It can reveal violations such as exceeding Hours of Service limits, failing to take rest breaks, or driving continuously without required downtime.

Because ELDs are mandated for most commercial trucks, this data is often more reliable than handwritten logs and is especially important in cases where driver fatigue is suspected but hard to prove.

6. Police Reports

Police reports and accident reports provide an official account of the crash, including statements from the drivers, witnesses, and responding officers. These reports may include observations about road conditions, traffic violations, citations issued, or initial fault assessments, such as noting that the truck driver ran a stop sign or was under the influence.

7. Witness Statements

Witness statements offer independent accounts of how the accident happened, helping to support or challenge the versions of events given by the parties involved. A witness may confirm that the truck was speeding, weaving through traffic, or failed to signal before merging—all of which can point to negligent driving.

8. Cellphone records

Cellphone records can be used to determine whether the truck driver was texting, calling, or using data at the time of the crash. These records may show activity that coincides with the moment of the collision, suggesting the driver violated safety regulations or company policy.

Obtaining cellphone records typically requires a subpoena, making them most useful when distraction is suspected but needs to be legally proven.

9. Subpoena Records

Subpoenaed records are documents or data legally requested from third parties that can help uncover hidden evidence of negligence. These records might include dispatch logs, internal emails, maintenance schedules, or GPS data that reveal violations like skipped inspections or pressure to meet unsafe deadlines.

Because subpoenas must be issued through formal legal channels, having an attorney is essential to ensure the request is valid, targeted, and enforceable.

10. Expert Accident Reconstruction

Expert accident reconstruction involves specialists who analyze physical evidence, vehicle data, and scene details to determine how the crash happened and who was likely at fault. These experts can interpret skid marks, vehicle damage, and speed data to show whether the truck driver followed safe driving practices or violated traffic laws.

Who Do You Need to Convince in Order to Prove Liability?

Proving liability is what allows you to recover compensation for medical expenses, lost income, and other damages. But who do you need to convince in order to prove liability and win your claim?

In a personal injury claim, there are two paths to success:

Pre-trial settlement: where the claim is resolved through negotiation with the trucking company, their insurance provider, or legal representatives.
Trial litigation: where the case proceeds to court and you must convince a judge or jury of liability and damages.

In either scenario, proving liability requires careful preparation, strong supporting evidence, and the ability to make a legally sound argument. You’ll also need to anticipate and counter any attempts to deny or downplay your claim.

Without legal training, it’s easy to make mistakes that can weaken your case or cost you the compensation you deserve. That’s why it’s so important to work with an experienced trucking accident lawyer who understands California liability laws and knows how to build a strong claim.

Why a Trucking Accident Lawyer Can Help You Get Justice

At Los Justicieros, we’re proud to be one of the leading car accident law firms in Los Angeles, with a proven track record in securing justice for trucking accident victims across California. With over $150 million recovered and a 98% case success rate, we specialize in auto accident claims—including truck, car, and rideshare collisions—which make up more than 95% of our caseload.

At the time of writing, we have 220+ five-star Google Reviews.

Our legal team works with the top expert medical witnesses in Los Angeles and knows how to build powerful cases by securing police reports, issuing subpoenas, and gathering every piece of evidence needed to maximize your compensation.

We operate on a no win, no fee basis—which means we can investigate your case, collect evidence, file your claim, and take it to trial if needed, all with no upfront cost to you.

Contact us today for a free consultation and let Los Justicieros fight for the compensation you deserve.

Who is liable in a truck accident in California?