Personal injury claim – Trucking & Commercial Vehicle Accidents

1. Legal Foundation for Injury Claims

Injuries from truck accidents are generally pursued under civil personal injury law, primarily focusing on:

• Negligence
• Negligence per se (breach of safety laws)
• Vicarious liability (responsibility of the employer)
• Product liability (issues with defective trucks or components)

2. Significant California Statutes 

• California Vehicle Code (CVC)

Key provisions include:

• CVC §22406 – Truck speed limits
• CVC §34500–34520 – Safety mandates for commercial vehicles
• CVC §23152 – DUI regulations (stricter limits for commercial drivers)
• CVC §21702 – Tailgating

Breaching these laws can demonstrate negligence per se.

• California Civil Code
• Civil Code §1714 – General duty of care
• This establishes accountability for negligent or reckless driving.

3. Federal Regulations (FMCSA Guidelines)

California adheres to the Federal Motor Carrier Safety Administration (FMCSA) regulations for interstate trucking:

Key federal guidelines include:

• Hours of Service (49 CFR §395) – Restrictions on driving hours
• Driver qualification standards (49 CFR §391)
• Vehicle inspection and maintenance requirements (49 CFR §396)
• Cargo securement standards (49 CFR §393)

Infringement of FMCSA regulations significantly bolsters liability claims.

4. Potentially Liable Parties

In contrast to standard accidents, several parties may be held accountable:

• Truck driver
• Trucking company (employer)
• Cargo loading firm
• Vehicle maintenance service
• Manufacturer of the truck or its parts
• Broker or shipper

California employs the doctrine of respondeat superior, holding employers responsible for their employees’ negligence while on duty.

5. Comparative Fault Principle

California practices pure comparative negligence:

• Even if the injured party shares some fault, they are still entitled to seek damages.
• Compensation will be adjusted based on the degree of fault.