San Diego · Practice Area

San Diego Truck Accident Lawyer

Khashayar Law Group represents people seriously injured in commercial truck collisions throughout San Diego County. Published results include a $5,000,000 truck-and-scooter full-policy settlement, a $2,000,000 rear-end truck policy-limit settlement, and a $2,250,000 truck-versus-truck jury verdict. ABOTA-member trial attorney Daryoosh Khashayar leads the firm’s truck accident practice. Past results do not guarantee future outcomes.

Khashayar Law Group is a San Diego trial-focused personal injury firm representing clients in serious commercial truck accident claims. The firm handles cases under Federal Motor Carrier Safety Administration (FMCSA) regulations and California state law, with a $5,000,000 published truck-and-scooter policy-limit settlement among its representative results.

Commercial Truck Accidents in San Diego County

San Diego is a major commercial transportation hub. Interstate 5 carries port-of-entry traffic from Tijuana and Otay Mesa. Interstate 15 connects to the Inland Empire and beyond. Interstate 8 runs east toward Imperial County. Heavy truck traffic moves through the Otay Mesa Port of Entry (the busiest US–Mexico commercial crossing on the southern border), and through Miramar, Kearny Mesa, and Otay Mesa industrial corridors.

A commercial truck collision is not the same as a passenger-vehicle crash. Federal trucking regulations apply on top of California law. Multiple parties may share liability. And time-sensitive evidence is often controlled by the trucking company and its insurers, which typically begin investigating within hours of a crash.

FMCSA Regulations That Apply to San Diego Truck Crashes

The Federal Motor Carrier Safety Administration (FMCSA) regulates every commercial motor vehicle over 10,001 pounds operating in interstate commerce. Most California intrastate carriers are subject to substantially similar rules under the California Motor Carrier Permit program administered by the California Highway Patrol. Key federal regulations include:

  • 49 CFR §395 — Hours of Service. Drivers may not operate more than 11 hours after 10 consecutive hours off-duty, may not drive after 14 hours on-duty, and must take a 30-minute break after 8 cumulative hours.
  • 49 CFR §382 — Drug and Alcohol Testing. Post-accident testing is required when a crash involves a fatality, an injury requiring transport, or a vehicle that must be towed.
  • 49 CFR §391 — Driver Qualifications. Carriers must maintain a driver-qualification file including driving record, medical examiner’s certificate, road test, and prior-employment verification.
  • 49 CFR §396 — Inspection, Repair, and Maintenance. Carriers must perform pre-trip inspections and document defects. Brake failures, tire blowouts, and steering problems traced to skipped maintenance are independent carrier negligence.
  • 49 CFR §392.9 and §§393.100–393.142 — Cargo Securement. Improperly loaded or unsecured cargo can destabilize a trailer, increase rollover risk, and make a truck significantly harder to control.

California Deadlines for San Diego Truck Accident Claims

  • California Code of Civil Procedure §335.1 — two-year personal injury statute of limitations.
  • California Code of Civil Procedure §338 — three-year statute for property damage only.
  • California Government Code §911.2 — six-month written government claim if a public-entity vehicle or roadway condition contributed.

Evidence-preservation deadlines often run shorter than the legal statute. Electronic logging device (ELD) data, dashcam footage, and dispatch records may be overwritten within 30–90 days unless preserved by a litigation hold.

Evidence to Preserve After a San Diego Truck Crash

  • Electronic logging device (ELD) data and hours-of-service logs;
  • Engine control module (ECM) data — speed, braking, throttle history;
  • Dashcam footage and forward-facing camera recordings;
  • Bill of lading and dispatch communications;
  • Driver qualification file and prior employment records;
  • Maintenance and inspection records (49 CFR §396 mandates 12 months of retention);
  • Post-crash drug and alcohol testing records;
  • Carrier’s FMCSA safety rating and crash history;
  • Cargo loading records and weight tickets.

A spoliation letter should be sent to the trucking company and its insurer within days of the crash to formally request preservation.

Who May Be Liable After a San Diego Truck Accident

  • The truck driver — negligent operation, fatigue, intoxication, distraction;
  • The motor carrier (trucking company) — vicariously under respondeat superior and independently for negligent hiring, training, retention, supervision, or scheduling pressure;
  • The owner-operator — when the driver is an independent contractor leased to a carrier;
  • The freight broker — for selecting an unsafe carrier;
  • The shipper or cargo loading company — for improperly loaded or secured cargo;
  • Maintenance contractors — for negligent service before the accident;
  • The truck or component manufacturer — if a mechanical defect contributed (brakes, tires, steering, stability).

Why Khashayar Law Group for a San Diego Truck Accident Claim

Khashayar Law Group’s published truck accident results include:

See the firm’s truck accident practice page and San Diego truck accident attorney article for additional detail on methodology and results.

Frequently Asked Questions — San Diego Truck Accident Lawyer

How is a San Diego truck accident claim different from a car accident claim?

Truck accident cases typically involve federal FMCSA regulations, multiple potentially liable parties, larger commercial insurance policies, and time-sensitive electronic evidence (ELD data, ECM data, dashcam) that may be overwritten within 30–90 days. The trucking company’s insurer is usually experienced and may begin responding within hours of a crash.

How long do I have to file a San Diego truck accident lawsuit?

California Code of Civil Procedure §335.1 sets a two-year statute of limitations for personal injury. If a government entity contributed, a written government claim must be filed within six months under Government Code §911.2. Evidence-preservation deadlines often require action within days.

What evidence is critical in a California truck accident case?

Electronic logging device (ELD) data, ECM data, post-crash drug and alcohol testing records, driver qualification files, maintenance records, dashcam footage, dispatch communications, the bill of lading, and the carrier’s FMCSA safety rating. A spoliation letter should be sent within days of a serious crash.

Do truck accident cases usually involve more than one insurance company?

They can. Depending on the facts, a truck accident case may involve the driver’s personal coverage, the trucking company’s commercial policy, trailer coverage, cargo coverage, third-party contractor coverage, broker coverage, and other policies. Identifying every available source of coverage is part of the investigation.

How much does a San Diego truck accident attorney cost?

Khashayar Law Group works on contingency for qualifying personal injury matters. There is no attorney fee unless the firm recovers compensation. The initial consultation is free. Contingency fees are governed by California Business & Professions Code §6147.

Source note. FMCSA regulations cited (49 CFR Parts 382, 391, 392, 393, 395, 396) are current federal rules; the FMCSA publishes updates at fmcsa.dot.gov. California statutes are current as of the page’s last review. See the firm’s editorial policy. Past results do not guarantee future outcomes.

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