Best Los Angeles Truck Accident Lawyers

Frequently Asked Questions

How Long Do I Have to File a Truck Accident Lawsuit in Los Angeles?

You have two years from the accident date to file a personal injury lawsuit under California Code of Civil Procedure §335.1. If the crash caused a fatality, family members have two years from the date of death to file a wrongful death claim.

Missing this deadline means losing your right to sue, even if your case has merit. Some exceptions exist for cases involving government vehicles or if you didn't immediately discover your injuries. Truck accidents often involve multiple liable parties, and identifying them all takes time, so don't wait until the deadline approaches.

Insurance companies know these deadlines. They may delay settlement talks, hoping you'll accept less money as time runs out.

What Makes Truck Accident Cases Different from Regular Car Accidents?

Truck accident cases involve federal regulations, multiple liable parties, and significantly higher damages. The Federal Motor Carrier Safety Administration (FMCSR) sets strict rules for truck drivers and companies, including hours-of-service limits, maintenance requirements, and cargo securement standards.

Unlike typical car crashes, truck accidents often involve the driver, trucking company, truck owner, cargo loader, and maintenance providers. Each party may share liability. Commercial trucks also carry insurance policies worth $750,000 to $5 million or more, making these cases more complex and heavily defended.

Evidence like electronic logging devices, truck maintenance records, and driver qualification files requires specialized legal knowledge to obtain and analyze. Most personal injury lawyers lack experience with FMCSR regulations and trucking industry practices.

How Much Does a Los Angeles Truck Accident Lawyer Cost?

Most truck accident attorneys work on contingency, meaning they take 33-40% of your settlement or verdict. You pay nothing upfront, and if you don't win, you owe no attorney fees.

The percentage often depends on when the case resolves. Many lawyers charge 33% if they settle before filing a lawsuit and 40% if the case goes to trial. Some reduce their fee for larger settlements over $1 million.

Case costs like expert witnesses, medical record fees, and court filing expenses typically come out of your settlement after the attorney's fee. Ask during your consultation whether costs are deducted before or after the attorney calculates their percentage—this makes a difference in what you take home.

What Compensation Can I Get After a Los Angeles Truck Crash?

California law allows you to recover economic and non-economic damages. Economic damages include medical bills, future treatment costs, lost wages, reduced earning capacity, and property damage. These have no cap.

Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and physical impairment. California doesn't cap these damages in truck accident cases unless the case involves medical malpractice.

Punitive damages under California Civil Code §3294 are available if the defendant acted with malice, oppression, or fraud. These apply when trucking companies knowingly violate safety regulations or force drivers to break hours-of-service rules. Punitive awards can triple your compensation.

How Do I Choose the Right Truck Accident Lawyer in Los Angeles?

Look for attorneys with specific truck accident experience and a track record of seven-figure settlements. Ask how many truck cases they've handled, what their average settlement is, and whether they've taken cases to trial.

Your lawyer should have relationships with accident reconstructionists, trucking industry experts, and medical specialists who can strengthen your case. Check if they have the financial resources to hire these experts without asking you to pay upfront.

During consultations, evaluate their communication style. You need someone who explains legal concepts clearly and responds to calls within 24 hours. Ask about their caseload—attorneys juggling 50+ cases may not give yours enough attention.

Key questions to ask:

• How many truck accident cases have you handled?
• What's your success rate at trial versus settlement?
• Who will actually work on my case—you or a junior attorney?
• How do you communicate with clients throughout the process?
• Can you provide references from past truck accident clients?

What Evidence Do I Need to Prove My Truck Accident Case?

Strong cases require the police report, photos of vehicle damage and the accident scene, witness statements, and medical records linking your injuries to the crash. Get these as soon as possible—memories fade and evidence disappears.

Truck-specific evidence includes the driver's logs, truck maintenance records, the company's safety rating, black box data from the truck's electronic control module, and cargo loading documentation. Your attorney will send preservation letters demanding the trucking company save this evidence before it's destroyed.

California Vehicle Code §34501.12 requires trucks to maintain certain records. If the company destroyed evidence after receiving a preservation letter, courts may assume the evidence would have proven liability.

Medical documentation should show the severity of your injuries, treatment timeline, and prognosis. Keep all bills, receipts for medications, and notes about how injuries affect your daily life. This diary becomes powerful evidence of pain and suffering.

How Long Does a Truck Accident Case Take in Los Angeles?

Most cases settle within 6-18 months, though complex cases involving catastrophic injuries or disputed liability can take 2-3 years. Several factors affect timing: the severity of your injuries, how many defendants are involved, and whether the insurance company makes a reasonable offer.

You shouldn't settle until you reach maximum medical improvement—the point where doctors say your condition won't significantly improve. Settling too early means you can't reopen the case if complications arise later.

If settlement talks fail, filing a lawsuit adds 12-24 months. The Los Angeles Superior Court's civil trial calendar is often backed up. Your attorney may use this timeline strategically, as insurance companies sometimes increase offers when trial dates approach.

What if Multiple Parties Are at Fault for My Truck Accident?

California follows pure comparative negligence under California Civil Code §1431.2. You can recover damages even if you're partially at fault, but your compensation is reduced by your percentage of fault.

If you're 20% responsible and your damages total $500,000, you'd receive $400,000. The defense will try to shift the blame to you to reduce their payout. Common tactics include claiming you were speeding, distracted, or violating traffic laws.

When multiple defendants share fault, your attorney can pursue each one for their portion. If the truck driver ran a red light but the trucking company failed to maintain the brakes, both parties may be liable. This often leads to higher settlements since multiple insurance policies are in play.

Can I Sue If a Truck Accident Killed My Family Member?

Yes. California Code of Civil Procedure §377.60 allows spouses, domestic partners, children, and sometimes parents or siblings to file wrongful death claims. You can recover funeral expenses, lost financial support, loss of companionship, and loss of household services.

Wrongful death cases require proving the accident resulted from negligence or wrongful conduct. Truck accidents causing fatalities often involve egregious violations like drunk driving, falling asleep at the wheel, or ignoring vehicle defects.

You must file within two years of the death date. If criminal charges were filed against the truck driver, wait for that case to conclude—a conviction strengthens your civil case significantly.

What if the Trucking Company Blames the Truck Driver?

Trucking companies frequently argue they're not liable because the driver was an independent contractor, not an employee. California law uses the "ABC test" under AB 5 to determine worker classification, and most truck drivers qualify as employees despite company claims.

Even if the driver is truly independent, you can still sue the company under negligent hiring, training, or supervision theories. If the company hired a driver with a suspended license or DUI history, they share responsibility for the crashes that the driver causes.

Your attorney will investigate the company's relationship with the driver, including who controlled work schedules, provided the truck, and directed routes. Companies that exert significant control cannot hide behind independent contractor labels.

Do I Need a Lawyer If the Insurance Company Made an Offer?

Yes. Early offers from truck insurance companies are almost always lowball settlements designed to close your case before you understand your injuries' full extent. Insurers know most accident victims need money quickly and will accept less than their case is worth.

These initial offers rarely cover future medical expenses, permanent disability, or lost earning capacity. Once you sign a release, you cannot reopen the case even if your injuries worsen or new complications develop.

An experienced attorney knows what your case is actually worth based on similar verdicts and settlements. They'll negotiate from a position of strength, not desperation. Studies show that represented claimants receive 3-4 times more compensation than those who negotiate alone.

What if My Injuries Weren't Obvious Right After the Accident?

See a doctor immediately, even if you feel fine. Adrenaline masks pain, and injuries like internal bleeding, traumatic brain injuries, and spinal damage don't always show symptoms right away.

California law allows claims for delayed-discovery injuries, but gaps between the accident and medical treatment hurt your case. Insurance companies argue that pre-existing conditions or unrelated incidents caused your injuries if you waited weeks to seek care.

Document every symptom in writing, including headaches, dizziness, numbness, or unusual fatigue. These notes become evidence linking your delayed injuries to the crash. Your two-year filing deadline starts from when you discovered (or reasonably should have discovered) the injury, not necessarily the accident date.

Should I Accept a Settlement or Go to Trial?

About 95% of truck accident cases settle before trial, but having an attorney willing to go to court increases settlement offers. Insurance companies pay more to avoid trial risks, especially when liability is clear and injuries are severe.

Trials take longer and involve uncertainty—juries are unpredictable. However, settlement offers that don't fully compensate you for lifelong disabilities or disfigurement may warrant going to trial.

Your attorney should present the settlement pros and cons based on your specific situation. Factors include the strength of evidence, the defendant's ability to pay, your financial needs, and whether the insurance company is negotiating in good faith. You make the final decision, but your lawyer's experience with Los Angeles juries helps you choose wisely.