Reviewed by Adrianos Facchetti, Esq. California State Bar No. 243213. The above page was reviewed for its legal accuracy and usefulness for residents of Santa Monica who have been hurt in commercial truck collisions.
In the case of a commercial truck accident, the driver is usually not the only party involved in such an incident. As per the circumstances of each particular case, other parties that might have played some part in the incident could be the owner of the truck, a maintenance service provider, a cargo loader, a manufacturing company, and even another driver who happened to be on the road at the same time as the accident occurred.
The city of Santa Monica witnesses constant movement of commercial delivery trucks on Pacific Coast Highway, I-10, and Lincoln Boulevard, and in case a truck accident occurs involving a semi-truck or delivery truck, there will be much more parties to investigate for liability than in a common two-car accident. A personal injury lawyer in Santa Monica could provide a free consultation to determine which parties could be liable in your particular case.
A Truck Crash May Involve More Than the Driver
Fault in a commercial truck crash can extend well beyond whoever was behind the wheel.
Depending on the facts, potentially responsible parties may include:
✓The truck driver
✓The motor carrier or trucking company
✓The driver’s employer, if separate from the motor carrier
✓A maintenance contractor responsible for the vehicle
✓A cargo loader or shipper, when legally supported by the facts
✓A vehicle or component manufacturer, in cases involving a defect
✓Another motorist whose conduct contributed to the collision
The trucking company or employer’s own conduct can matter separately from the driver’s actions behind the wheel. This might include how the driver was hired, what training they received, how they were supervised, how their schedule was set, whether the vehicle was properly maintained, and whether dispatch practices complied with applicable safety rules. Not every crash involves all of these parties. Some cases come down to straightforward driver error, while others reveal deeper issues once the trucking company’s own records are reviewed.
The Trucking Records That Can Change a Case
Commercial truck cases often turn on records the injured person has no direct access to, which is why identifying and requesting them early matters.
✓Electronic Logging Device (ELD) records
✓Records of duty status
✓Driver logs
✓Dispatch records
✓GPS and location data
✓The driver qualification file
✓Vehicle inspection records
✓Maintenance records
✓Repair history
✓Post-crash inspection materials
✓Electronic vehicle data, when available
✓Dashcam footage
✓Nearby surveillance footage
✓Cargo documents
✓Weight tickets
✓Bills of lading
✓Witness contact information
✓Photographs of the accident scene and vehicles
✓The police collision report
Trucking companies typically control most of these records, and different documents follow different retention practices. According to FMCSA guidance, motor carriers subject to ELD recordkeeping requirements generally must retain a driver’s records of duty status and supporting documents for six months. That doesn’t mean every piece of truck accident evidence disappears on that same schedule, and not every carrier or vehicle is subject to identical federal requirements. It does mean that a formal preservation request should be considered early, since waiting can mean records are gone by the time a claim is fully underway.
Driver Hours, Maintenance, and Cargo Can Reveal Different Forms of Negligence
Several distinct issues can contribute to a truck crash, and each points toward a different kind of evidence.
Driver Hours
FMCSA hours-of-service rules may apply depending on the type of carrier and driver involved. For property-carrying drivers subject to these rules, FMCSA generally allows up to 11 hours of driving after 10 consecutive hours off duty, within a 14-hour driving window, along with required breaks and weekly limits, subject to applicable exceptions. A crash happening doesn’t by itself prove a driver was fatigued or violated these rules. Driver logs and ELD data are what actually show whether hours-of-service violations may have played a role.
Maintenance and Inspection
Maintenance and inspection records can help show whether a truck’s brakes, tires, steering, lights, or other safety components were properly inspected and repaired before the crash, consistent with FMCSA’s vehicle maintenance requirements under Part 396. A mechanical failure shouldn’t be assumed just because a truck was involved in a crash. Maintenance records either support or rule out that possibility.
Cargo Loading and Securement
Improperly loaded or unsecured cargo can contribute to a shifting load, falling cargo, loss of vehicle control, or an increased rollover risk. FMCSA cargo securement rules apply to covered commercial vehicles and cargo types. Whether cargo loading actually contributed to a specific crash depends on the evidence, including weight tickets, loading records, and the physical condition of the cargo after the crash, not an assumption based on the type of truck involved.
Serious Injuries Require More Than a Short-Term Damage Estimate
What a truck accident claim may cover depends on the severity of the injury and the facts of the case.
Possible economic losses:
✓Emergency care
✓Hospitalization
✓Surgery
✓Rehabilitation
✓Future medical care, when supported by evidence
✓Lost wages
✓Reduced earning capacity
✓Property damage
✓Reasonable out-of-pocket expenses
Possible non-economic losses:
✓Physical pain
✓Emotional distress
✓Loss of enjoyment of life
✓Permanent impairment
✓Scarring or disfigurement
For families dealing with a fatal commercial vehicle collision, our Santa Monica wrongful death resource explains who may have the right to bring a claim under California law.
There’s no reliable average truck accident settlement that predicts what a specific claim is worth. Value depends on the severity of the injury, the strength of the liability evidence, the insurance coverage available, how many parties may be responsible, ongoing medical needs, lost income, long-term limitations, and any comparative fault issues. No specific result can be promised.
California Deadlines Still Matter in a Truck Case
Many personal injury claims in California will typically be governed by the two-year statute of limitations pursuant to California Code of Civil Procedure § 335.1.
This timeframe doesn’t necessarily apply in the same way in every possible situation. Actions against public entities, special defendants, minors, or otherwise governed by another exception to the rule might have a different deadline clock start point or length.
Even if the statute of limitations is still quite far away in a trucking case, the need to preserve evidence may arise very quickly. Documents of the trucking company, including ELD and dispatch data, may be routinely destroyed prior to any approaching filing deadline.
Free Case Evaluation in Santa Monica Truck Collision
If you have sustained injuries in a truck collision in Santa Monica, you can avail of a free case evaluation from the Law Offices of Adrianos Facchetti to examine what type of truck was involved, the trucking company, and the location where the incident occurred.
Issues that can be discussed include the need to secure ELD and/or log records, the need to check the maintenance history or the cargo, the police report, your medical treatment, any available insurance, and any liability other than that of the driver. Our office handles such claims on a contingency fee basis; this means that we do not get paid until we secure a settlement or judgment in your favor.
