By: Daryoosh Khashayar, Founder and Managing Partner, Khashayar Law Group | ABOTA Member | Office: 1350 Columbia St., Suite 303, San Diego, CA 92101 | Practice Area: Personal Injury, Truck Accidents | Last Updated: August 2026.

Part of our truck accident series. The main guide is here: San Diego Truck Accident Attorney.

Legal review note: This article was checked against the current text of the federal regulations and California statutes cited below in August 2026. Laws change, and this is general information, not legal advice about your case.

The Short Answer

Yes. After a California truck accident you can sue the trucking company itself, not just the driver. The company is automatically responsible for its driver’s on-the-job negligence under a doctrine called respondeat superior, and it can also be sued directly for its own failures: negligent hiring, poor training, skipped maintenance, pushing drivers past federal hour limits. And since the Supreme Court’s unanimous decision in Montgomery v. Caribe Transport in May 2026, the freight broker that hired the trucking company can be sued as well, in every state, if it negligently selected an unsafe carrier.

In a serious case the defendant list rarely stops at one name. As many as eight different parties can share responsibility for a single truck crash, and almost every one of them brings its own insurance policy to the case. Here is the full list, the coverage behind each defendant, and what the process actually looks like.

Who You Can Sue After a Truck Accident in California

1. The truck driver

The driver is liable for their own negligence: speeding, following too closely, texting, driving fatigued, driving impaired. Drivers rarely have meaningful personal assets, but their conduct is the foundation the rest of the case is built on, and their employer answers for it.

2. The trucking company (the motor carrier)

There are two separate paths to the company, and a good case usually pleads both.

The first is respondeat superior. Under California law, an employer is liable for an employee’s negligence committed within the course and scope of the job (CACI 3700 series; Perez v. Van Groningen & Sons, Inc. (1986) 41 Cal.3d 962). You do not have to prove the company did anything wrong itself. If the driver was working and the driver was negligent, the carrier pays.

The second path is the company’s own conduct: negligent hiring, supervision, or retention of a dangerous driver (CACI 426), negligent entrustment of the truck (CACI 724), and negligent maintenance. One wrinkle worth knowing: under Diaz v. Carcamo (2011) 51 Cal.4th 1148, once a carrier admits the driver was acting within the scope of employment, the separate negligence theories generally fold into the vicarious liability claim for purposes of compensatory fault. Evidence of the company’s own misconduct can still matter, though, especially where punitive damages are in play (CRST, Inc. v. Superior Court (2017)).

3. The freight broker who arranged the load

Brokers are the middlemen who match shippers with motor carriers. For years, brokers argued that a federal statute, the FAAAA, shielded them from state negligence claims, and courts were split. That fight is over. On May 14, 2026, the United States Supreme Court held unanimously in Montgomery v. Caribe Transport II, LLC that a claim against a broker for negligently hiring an unsafe motor carrier is not preempted, because states keep their safety authority over motor vehicles. The Ninth Circuit, which covers California, had already allowed these claims since Miller v. C.H. Robinson Worldwide (2020); now the rule applies nationwide. If a broker put a carrier with a bad safety record on the road, the broker belongs in the case, and so does its insurance.

4. The shipper or cargo loader

Cargo that is overloaded, unbalanced, or badly secured can cause rollovers, jackknifes, and lost loads. Federal securement standards live in 49 CFR Part 393, and the company that loaded the trailer can be responsible when a violation contributed to the crash.

5. The company that owns or leased the truck

Under the federal Graves Amendment (49 U.S.C. §30106), a business that rents or leases vehicles is not liable simply because its name is on the title. But the Graves Amendment does not protect a leasing company from its own negligence, such as leasing out a truck with defective brakes or entrusting it to an obviously unqualified operator.

6. The maintenance contractor

Many carriers outsource inspections and repairs. A shop that missed a brake adjustment or signed off on a failed inspection can be a defendant. Federal rules require documented inspection, repair, and maintenance programs under 49 CFR Part 396, which creates a paper trail.

7. The truck or parts manufacturer

Defective brakes, tires, steering components, and underride guards support product liability claims against manufacturers, which do not require proof of negligence at all.

8. A government entity

When a dangerous road condition contributed to the crash, a city, county, or Caltrans may share fault. These claims carry the shortest deadline in California law: a written government claim within six months under Government Code §911.2. Miss it and the claim is usually gone.

The Insurance Behind a Trucking Company

This is the practical reason suing the company matters. Federal law sets minimum liability coverage for interstate carriers under 49 CFR §387.9: at least $750,000 for general freight, $1,000,000 for oil transport, and $5,000,000 for the most dangerous hazardous materials. Interstate policies also carry the MCS-90 endorsement (49 CFR §387.15), a public protection backstop that requires the insurer to pay a final judgment for the public’s injuries up to the required minimum even when the policy would otherwise have a coverage defense, leaving the insurer to chase the carrier for reimbursement afterward.

California-only carriers have their own floor. Vehicle Code §34631.5 requires intrastate motor carriers of property to maintain $750,000 in coverage, with a $300,000 minimum for carriers operating only lighter trucks and a $1,200,000 requirement for intrastate petroleum haulers. Real-world carriers often buy excess layers well above these minimums. And every additional defendant, the broker, the shipper, the leasing company, the maintenance shop, typically adds another policy to the recovery pool. Finding all of that coverage is a core part of the job.

How Suing a Trucking Company Actually Works

  1. Preservation letter in week one. Federal retention windows are short: driver hours-of-service logs must be kept only six months (49 CFR §395.8(k)(1)), maintenance records one year at the housing location and just six months after the truck leaves the carrier’s control (49 CFR §396.3(c)), and driver qualification files three years after employment ends (49 CFR §391.51). Engine control module data and dashcam footage have no federal retention mandate at all and can be overwritten within days. A preservation letter freezes what still exists and sets up spoliation consequences if records vanish after notice.
  2. Independent investigation. The CHP report is the starting point, not the finish line: scene evidence, witness statements, the carrier’s public FMCSA safety history, and accident reconstruction where the physics are disputed.
  3. Government claim if a public entity may share fault. Six months, in writing, under Government Code §911.2.
  4. Medical documentation. The value side of the case gets built in parallel. We cover how damages are actually calculated in our companion guide, Truck Accident Settlements in California: What Drives Case Value.
  5. Demand and negotiation. Commercial carriers and their insurers evaluate the file and the lawyer holding it. Files prepared for trial settle differently than files prepared for a quick sign-off.
  6. Filing suit within two years. Code of Civil Procedure §335.1 gives most injury and wrongful death claims two years from the crash. Litigation opens discovery: the driver’s deposition, the safety director’s deposition, ELD downloads, dispatch and cell records.
  7. Resolution. Most cases settle; some need a jury. California’s pure comparative negligence rule (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804) means partial fault reduces your recovery by your percentage but never bars it. Punitive damages require clear and convincing evidence of malice, oppression, or fraud, and against a corporate carrier they also require that an officer or managing agent knew about, authorized, or ratified the conduct (Civil Code §3294(b)).

What If the Driver Was an Independent Contractor?

The label on the paycheck is not the end of the analysis. When a truck is operating under a motor carrier’s DOT operating authority and hauling its load, responsibility tends to follow the operating authority, the lease agreement, and who actually controlled the work. Carriers sometimes lead with “that driver was an independent contractor” and hope the claim goes away. We pull the lease, the dispatch records, and the placard on the door before taking anyone’s word for it.

Where These Cases Happen in San Diego County

San Diego’s truck traffic concentrates on I-5, I-15, I-8, SR-94, and SR-125, plus the border freight corridor feeding through the Otay Mesa commercial port of entry, one of the busiest truck crossings on the U.S. border. Heavy commercial volume next to commuter traffic is exactly where rear-end, lane-change, and jackknife crashes happen, and where a preserved dashcam or ELD download decides the fault fight.

Khashayar Law Group’s Commercial Vehicle Results

  • $5,000,000: Truck-and-scooter policy-limits settlement. Firm-reported settlement, reported as reversing an initial adverse fault determination after early evidence preservation. Source: case page.
  • $2,300,000: Commercial-vehicle jury verdict (firm-reported). Referenced on the firm’s attorney profile pages; case identifiers available on request during a consultation.
  • $61,587,000: Asbaghi v. Nydegger verdict. Not a truck case, but the largest legal malpractice verdict in San Diego County history, tried by Daryoosh Khashayar as trial counsel. It is included here for one reason: carriers and their insurers price cases differently when the firm across the table has tried and won complex, high-damages litigation. Source: case page.

Case-results disclosure: Past results do not guarantee future outcomes. Every case depends on its facts, defendants, insurance coverage, injuries, evidence, venue, and applicable law. Some settlements are firm-reported because terms may be confidential.

Frequently Asked Questions

Can I sue the trucking company and not just the driver?

Yes, and in most serious cases you should. The carrier is automatically liable for its driver’s on-duty negligence under respondeat superior, can be sued directly for negligent hiring, training, supervision, and maintenance, and holds the commercial insurance policy, with federal minimums starting at $750,000 under 49 CFR §387.9.

Can I sue the freight broker who hired the trucking company?

Yes. In May 2026 the U.S. Supreme Court held unanimously in Montgomery v. Caribe Transport that federal law does not block state negligence claims against freight brokers for hiring unsafe carriers. California courts in the Ninth Circuit had allowed these claims since 2020. If a broker arranged the load, the broker’s selection practices and insurance both belong in the case.

What if I was partly at fault for the crash?

You can still recover. California follows pure comparative negligence under Li v. Yellow Cab Co.: your recovery is reduced by your percentage of fault, not eliminated. If a jury finds $1,000,000 in damages and puts 30 percent of the fault on you, you recover $700,000.

How long do I have to sue a trucking company in California?

Generally two years from the crash under Code of Civil Procedure §335.1, and only six months to file a written government claim if a public entity may share fault under Government Code §911.2. The practical deadline is much shorter: driver logs can be legally destroyed after six months, and dashcam or engine data can be overwritten within days.

Can I sue if the truck driver was an independent contractor?

Often yes. When the truck was operating under the carrier’s DOT authority and hauling its load, the carrier usually cannot escape responsibility by pointing at a contractor label. The lease agreement, dispatch control, and operating authority matter more than the job title.

What does it cost to sue a trucking company?

Nothing up front at most firms, including ours. California injury lawyers work on contingency, no win, no fee, with the percentage disclosed in a written agreement under Business and Professions Code §6147. The firm advances litigation costs, and the initial consultation is free.

Talk to a Truck Accident Trial Lawyer

Khashayar Law Group builds truck cases against every responsible party and the coverage behind each one. Call (858) 509-1550 or reach us through the contact page for a free, confidential consultation.

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Disclaimer: This article is general information, not legal advice, and does not create an attorney-client relationship. Statutes, regulations, and case law can change. Past results do not guarantee future outcomes.