Orange County Truck Accident Lawyer

Hurt in a Crash With a Truck in Orange County?

A crash with a semi, delivery truck or other commercial vehicle isn’t just a bigger car accident. The truck is many times heavier than your car, the injuries are usually more serious, and on the other side is a trucking company with its own insurer and lawyers, who start working on the case right away.

The Law Offices of Brent W. Caldwell represents people hurt in truck crashes throughout Orange County. Before he represented injured people, Brent worked for insurance companies and large corporate defendants, so he knows how a trucking company’s insurer will look at your claim. The consultation is free, and there are no attorney fees unless we recover compensation for you.

orange county truck accident lawyer

Truck Crashes in Orange County: The Numbers

57

fatal crashes involving a large truck, 2019–2023

58

people killed in those crashes

I-5, SR-91, SR-57

the roads where they happened most

Federal crash records show 57 fatal crashes involving a large truck (over 10,000 pounds) in Orange County from 2019 through 2023, and 58 people died in them. That’s about one in every 19 traffic deaths in the county. Twenty-four of those crashes involved a semi (a truck-tractor). The roads that came up most often were I-5 (10 crashes), SR-91 (7) and SR-57 (7).

These numbers count only crashes in which someone died within 30 days. Crashes that left people injured aren’t included.

Common Types of Truck Crashes

Blind-spot crashes

Big trucks have large blind spots (“no-zones”) beside the cab, directly behind the trailer and just in front of the bumper. A driver who changes lanes without checking them can push a car off the road.

Rear-end crashes

A loaded truck needs much more distance to stop than a car. When a truck driver follows too closely in stop-and-go freeway traffic, the car in front takes the full impact.

Jackknife and rollover crashes

Hard braking, speeding on a curve or ramp, or a load that shifts can fold the trailer sideways or tip the truck over, often blocking several lanes.

Underride crashes

A car can slide under the side or back of a trailer. When that happens, the trailer can hit the car at windshield height, which is why these crashes are so often fatal.

Wide-turn crashes

Trucks swing wide to make right turns. Drivers, cyclists and people on foot can be caught between the truck and the curb.

Who Can Be Responsible for a Truck Crash

A car crash usually involves one driver and one insurer. A truck crash can involve several companies, and finding all of them matters, because each one may have its own insurance.

The truck driver

Speeding, following too closely, unsafe lane changes, distraction, or driving while tired or impaired.

The trucking company

Companies are generally responsible for crashes their drivers cause on the job. A company can also be at fault on its own: hiring an unqualified driver, pushing schedules that break the hours-of-service limits, or skipping maintenance.

The shipper or loader

Cargo that is overloaded or not secured can shift, spill or tip a truck over.

A repair shop or parts maker

Worn brakes, bad tires or a defective part can point to the company that serviced or built the truck (see our product liability page).

A public agency

If a government vehicle was involved, or the road itself was dangerous, a written claim usually has to be filed with the agency within six months.

Trucking Rules That Can Help Prove Your Claim

Commercial trucks run under safety rules that don’t apply to cars. When a driver or company breaks one, the violation can be strong evidence of fault.

  • Hours of service. A truck driver hauling freight may drive no more than 11 hours within a 14-hour window after 10 hours off duty, and needs a 30-minute break after 8 hours of driving (49 CFR 395.3). The driver’s logs show whether those limits were broken.
  • Electronic logs. Most carriers must record drivers’ hours with an electronic logging device (ELD) and keep those records for at least six months (49 CFR 395.8).
  • Speed. In California, trucks with three or more axles, and trucks pulling a trailer, may not go faster than 55 mph on any highway (Vehicle Code 22406).
  • Driver qualification and testing. Carriers must check that their drivers are qualified (49 CFR Part 391) and test them for drugs and alcohol, including after certain crashes (49 CFR Part 382).
  • Insurance. Interstate for-hire carriers hauling general freight in trucks over 10,000 pounds must carry at least $750,000 in liability coverage, and more for some hazardous materials (49 CFR 387.9).

Truck Evidence Disappears Fast

Truck cases turn on records the trucking company controls, and some of them only have to be kept for months. The evidence we go after includes:

  • the truck’s engine control module (the “black box”), which can record speed and braking before the crash
  • the driver’s electronic logs
  • dispatch records, delivery schedules and GPS data
  • inspection and maintenance records
  • the driver’s qualification file and drug and alcohol test results
  • cargo and loading documents

One of the first things we do in a truck case is send the company a written demand to preserve this evidence, so it is on notice not to lose or overwrite it while your claim is open.

Injuries and Compensation in Truck Crashes

Because of a truck’s size and weight, these crashes often cause the most serious injuries: brain injuries, spinal cord injuries, broken bones, burns and, too often, death.

A claim can include medical bills now and in the future, lost income and earning capacity, care at home, and pain and suffering. When someone is killed, certain family members may bring a wrongful death claim.

California uses comparative fault. If the trucking company argues you were partly to blame, that can reduce your compensation by your share of fault, but it doesn’t bar your claim.

What to Do After a Truck Crash

  • Get medical care. Call 911 if anyone is hurt, and see a doctor even if you feel all right: some injuries show up later.
  • Call the police so there is an official report.
  • Write down the truck’s details: the company name on the door, the DOT number, the license plate and the trailer number. Take photos of the vehicles, the scene and your injuries.
  • Get witness names and phone numbers.
  • Don’t give the trucking company’s insurer a recorded statement before you’ve had advice.
  • Call a lawyer early, so the evidence the trucking company controls can be preserved.

How We Handle Your Truck Accident Case

Free Consultation

Tell us what happened, and we’ll tell you whether we can help and what comes next.

No Win, No Fee

No attorney fees unless we recover compensation for you. We advance the costs of building your case, and your written fee agreement explains how fees and costs are handled.

Both Sides of the Table

Brent has been licensed since 2003 and worked for insurance companies before representing injured people. He served 10 years on the board of the Orange County Trial Lawyers Association.

Truck Accident Questions

Who pays after a crash with a commercial truck?

Usually the trucking company’s liability insurer, and sometimes others too: a shipper’s, a repair shop’s, or a public agency. Your own policy may also help, for example medical payments coverage, or underinsured motorist coverage if the truck’s insurance isn’t enough.

How long do I have to file a truck accident claim in California?

Most personal injury lawsuits must be filed within two years of the crash (Code of Civil Procedure 335.1). If a public agency is involved, a written claim usually has to be filed within six months (Government Code 911.2). Don’t wait for those deadlines: truck evidence can disappear much sooner. See California personal injury deadlines.

Is a truck accident case different from a car accident case?

Yes. There are usually more parties and more insurance, federal and state safety rules apply, and the key evidence (logs, black box data, maintenance files) belongs to the trucking company. It takes faster action and more investigation.

What if the truck driver was an independent contractor?

The company the truck was operating for may still be responsible, and other parties may share fault. Who is responsible depends on the contracts and the facts, which is one reason to have a lawyer look at it early.

Should I talk to the trucking company's insurance adjuster?

Be careful about giving a recorded statement or signing anything before you’ve had advice. The adjuster’s job is to limit what the company pays. See why to be careful with insurance adjusters.

What if a family member was killed in a truck crash?

Certain family members, such as a spouse or children, can bring a wrongful death claim. See who can file a wrongful death lawsuit in California.

If you or someone in your family was hurt in a crash with a truck anywhere in Orange County, call (714) 752-4670 or use the form on this page. We’ll listen, explain your options and tell you whether we can help.

We also have pages for truck crashes in Anaheim, Aliso Viejo and Brea, and a guide to how commercial truck accident claims work.

GET A FREE EVALUATION

Name(Required)
Contacting us through this form or the internet does not create an attorney-client relationship. Confidential or sensitive information should not be sent through this form. By submitting this form, you agree to our terms & acknowledge our privacy policy.
Get the help you need

TALK WITH AN ATTORNEY, FOR FREE