$12.8M
Personal Injury
Fatal Truck Accident Lawyer
Did a commercial truck crash take someone you love? At Wilshire Law Firm — an award-winning, nationally recognized team — we help California families pursue justice and full compensation in these complex wrongful death cases. Talk with a legal professional 24/7 in a free case review — there are no fees unless you get paid.
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Understanding Your Truck Accident Case
Explore essential resources on your rights, your options, and what to expect — everything you need to navigate the legal process, all in one place.
Fatal accidents involving commercial trucks — 18-wheelers, semi-trucks, and other large commercial vehicles — are among the most legally complex and consequential wrongful death cases in California. They are governed by a federal regulatory framework under the Federal Motor Carrier Safety Administration (FMCSA), they frequently involve multiple defendants (the driver, the trucking company, the cargo loader, and maintenance contractors), and they carry far higher insurance minimums than ordinary car crashes. Untangling this framework is where an experienced legal professional makes the difference. See our truck accident and wrongful death resources.
Critical truck-crash evidence can disappear within days, so preservation must begin right away. Key records include Electronic Logging Device (ELD) data, Engine Control Module (ECM) / "black box" data, the driver qualification file, hours-of-service logs and dispatch records, vehicle maintenance and inspection records, and the trucking company's safety and compliance history. Because much of this evidence is controlled by the trucking company, families generally need a preservation letter — and sometimes an emergency court order — sent quickly.
Violations of federal trucking safety rules can establish negligence in a fatal truck accident claim. The most commonly implicated regulations include Hours of Service (49 CFR Part 395), Driver Qualification (49 CFR Part 391), Vehicle Maintenance (49 CFR Part 396), and Cargo Securement (49 CFR Part 393). When a carrier or driver breaks one of these rules and a death results, that violation can be powerful evidence of fault. A legal professional can review which regulations may apply in your case.
Under California Code of Civil Procedure § 377.60, wrongful death claims may generally be brought by surviving spouses, domestic partners, children, and financially dependent family members. The categories and priorities can be nuanced, especially in blended families or when there is no surviving spouse or child. Because eligibility varies, it is best to confirm your standing with a legal professional in a free case review. Learn more on our wrongful death page.
California families can generally recover both economic and non-economic wrongful death damages. These commonly include financial support the deceased would have provided, funeral and burial expenses, the loss of the loved one's care, companionship, guidance, and support, and — in some cases — additional damages through a related survival action. Because every family's losses are different, a legal professional can review what may be recoverable in your situation.
In most California wrongful death cases you have two years from the date of death to file a lawsuit (California Code of Civil Procedure § 335.1). If a government entity is involved — for example, a publicly owned vehicle or a dangerous roadway — you generally must file a formal government tort claim within six months of the death. Because missing a deadline can end your case, it is wise to speak with a legal professional early.
Meet Our Truck Accident Attorneys
Nationally-Recognized Powerhouse, Fighting for the Justice You Deserve
Our award-winning attorneys have recovered billions for clients while taking on insurance companies and major corporations.
Colin M. Jones, Esq.Senior Partner and Senior Trial Attorney, Chair of the Personal Injury Litigation Department
Jennifer P. Burkes, Esq.Senior Partner & Strategic Advisor, Personal Injury Litigation Department
Mary Lee Caruso, Esq.Senior Partner
Ryan Casey, Esq.Senior Partner and Trial Attorney
Tae-Yoon Kim, Esq.Senior Partner
Alivia E. Abreu, Esq.Partner
Shervin G. Ghanoongooi, Esq.Partner
Christopher Goodroe, Esq.Partner
Nathan A. Guest, Esq.Partner and Trial Attorney
Brian M. Jacobson, Esq.Partner
Ariella Perry, Esq.Partner$10.3M
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$3.4M
$3.2M
$2.9M
Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.
Who Is Liable in a Fatal Truck Accident in California?
Liability in a fatal truck accident often extends well beyond the driver. Depending on the facts, responsible parties can include the truck driver, the trucking company, the company that loaded or secured the cargo, a maintenance contractor, and even the manufacturer of a defective part. Trucking companies cannot always avoid responsibility by labeling a driver an "independent contractor," and higher federal insurance minimums — $750,000 for general freight and $5 million for hazardous materials carriers — often apply. Identifying every liable party is central to a full recovery, so contact Wilshire Law Firm for a free case review.
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17#1 Settlements in California, 2022–2024*
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#1 Whistleblower Retaliation Settlement
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#1 Underinsured Motorist Settlement
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#1 Negligent Security Settlement
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#1 Car v. Car Collision Settlement
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#1 Bicycle Accident Settlement
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#1 Pregnancy Discrimination Settlement
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#1 Age/Disability Discrimination Settlement
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#1 Wrongful Termination Settlement
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#1 Meal & Rest Breaks Settlement
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*#1 settlements in California have been awarded by TopVerdict.com. Past results do not guarantee similar outcomes.
Truck Accident FAQs
Our Most Frequently Asked Questions
We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.
Under Cal. Code Civ. Proc. § 377.60, a wrongful death claim may generally be brought by the deceased's surviving spouse or domestic partner, children, and, in some cases, other dependent heirs. These claims seek compensation for the family's losses. An attorney can confirm who is eligible to file in your family's situation.
Violations of federal trucking safety rules — covering areas like driver hours of service, inspections, and maintenance — can help establish negligence in a fatal truck accident claim. Because these regulations are federal and detailed, the specific rules involved should be confirmed by an attorney. Establishing a violation can strengthen a wrongful death case.
Critical records such as the electronic logging device data, engine control module (black box) downloads, driver hours-of-service logs, and maintenance histories can be overwritten within days. Sending a legal preservation demand immediately helps protect this evidence. An attorney can act quickly to secure it.
Possibly. Trucking companies cannot always avoid responsibility simply by labeling a driver an independent contractor, because federal rules and legal doctrines can still place liability on the carrier. How this applies depends on the facts and should be confirmed by an attorney. Identifying every responsible party can affect the compensation available.
Most wrongful death lawsuits must be filed within two years of the date of death under Cal. Code Civ. Proc. § 335.1. If a government entity is involved, a six-month government-claim deadline can apply first. Deadlines have exceptions, so confirm yours promptly with an attorney. Before you choose a firm, our guide on hiring an auto accident lawyer explains what to consider.