How do I navigate the claims process when an accident involves a commercial truck in California?
Navigating a commercial truck accident claim in California requires immediately reporting the incident, gathering extensive evidence, and filing a claim with the trucking company's insurer. The process is more complex than a standard car accident due to federal regulations and higher insurance policy limits.
Here are the steps to take:
Step 1: Seek Medical Care and Report the Accident
Immediately call 911 to request medical assistance and report the accident to law enforcement. A police report is critical evidence. Even if you feel fine, see a doctor, as some injuries are not immediately apparent.
Step 2: Gather Evidence at the Scene
If you are able, take photos and videos of the vehicles, the scene, and any visible company names or USDOT numbers on the truck. Get the truck driver’s name, contact information, employer, and insurance details. Collect contact information from any witnesses.
Step 3: Formally File a Claim
Identify the trucking company’s insurer and contact their claims department to formally open a claim. You must provide the date of the accident and the policy information you collected. Under California Vehicle Code Section 34631.5, commercial carriers must maintain proof of significant financial responsibility.
Step 4: Document All Your Losses
Keep a detailed file of all related expenses. This includes medical bills, proof of lost wages, and receipts for any property damage repairs. This documentation is vital for proving the full extent of your damages.
Step 5: Adhere to Legal Deadlines
In California, you have two years from the date of the accident to file a personal injury lawsuit, per the California Code of Civil Procedure Section 335.1. Missing this deadline will likely prevent you from ever recovering compensation.
Important Details and Nuances:
Multiple parties can be held liable for your injuries under California Civil Code Section 1714(a), including the driver, the trucking company, and even the cargo loader. Trucking companies and their insurers often have teams that begin investigating immediately, so it is important to act quickly to preserve evidence.
Warnings and Limitations:
Be cautious when speaking with the trucking company’s insurance adjuster. Avoid giving a recorded statement or accepting a quick settlement offer without fully understanding the extent of your damages. These claims are complex and involve high financial stakes.
This is general information and does not constitute legal advice. For complex situations, especially those involving serious injuries, consult with a qualified California attorney to protect your rights.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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