California
Truck Accident Laws in California (2026): Deadlines & Liability
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 5 primary sources cited on this page. How we verify our legal content

A collision with a commercial truck is a different kind of case than a car wreck. The truck is governed by federal safety regulations, the company that runs the truck is almost always part of the lawsuit, and the insurance behind it is far larger than a normal car policy. This guide walks through the California rules that shape a truck-injury or wrongful-death claim, starting with the filing deadline and how fault is shared, then the uniform federal trucking rules that apply on every interstate route. It is general information, not legal advice.
This page is part of our Truck Accident Laws by State series. Deadlines are firm and every crash is different, so use the figures below as a starting point and confirm the current law before relying on it.
The California deadline to sue (statute of limitations)
The first thing to protect after a truck crash in California is the deadline. A personal-injury lawsuit must generally be filed within two years of the date of the collision under California Code of Civil Procedure 335.1, which sets a two-year limit for injury to or the death of a person caused by another's wrongful act or neglect. A wrongful-death action carries the same two-year period, measured from the date of death rather than the date of the crash, and the people who may bring it are defined in Code of Civil Procedure 377.60, generally the surviving spouse or domestic partner, children, and certain other dependents.
One exception is critical. If a government entity is a defendant, the California Government Claims Act requires you to present a written claim to that entity within six months, and only after it is denied can you sue. There are also tolling rules for injured minors and a discovery rule for injuries that could not reasonably have been known right away. Because these rules are unforgiving, the safe assumption is that a short clock is already running.
How California splits fault: pure comparative negligence
California follows pure comparative negligence, adopted by the California Supreme Court in Li v. Yellow Cab Co. (1975). Under this rule, a jury assigns each party a percentage of fault, and an injured plaintiff's recovery is reduced by that plaintiff's own percentage, but is never cut off entirely. A plaintiff found 30% at fault recovers 70% of the damages; even a plaintiff found 80% at fault still recovers 20%. There is no 50% bar as in many other states.
This is generally favorable to injured people, but the defense in a truck case will still fight hard to push fault onto the injured driver because every percentage point reduces the award. Evidence that the truck driver or carrier violated a federal safety rule, covered below, is often what keeps the injured person's share low.
No-fault and insurance in California
California is not a no-fault state. It uses a traditional at-fault, or tort, system, so the driver who caused the crash, that driver's insurer, and the trucking company are responsible for the harm, and there is no no-fault threshold an injured person must clear before suing.

California's minimum auto-liability limits rose on January 1, 2025 to 30/60/15: $30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage, up from the long-standing 15/30/5. Even so, those limits are small compared with the harm a fully loaded tractor-trailer can cause, which is why the federal trucking insurance minimum below matters so much.
Damage caps in California
California sets no general dollar cap on damages in a truck-injury or wrongful-death case. The Medical Injury Compensation Reform Act (MICRA) cap, codified at California Civil Code 3333.2, limits noneconomic damages only in medical-malpractice cases, not in vehicle-crash cases, and economic damages (medical bills, lost earnings) are not subject to a statutory ceiling in a truck case.
Two vehicle-specific rules can still cut a California recovery sharply, and both are easy to miss.
The first is California Civil Code 3333.4, added by Proposition 213 in 1996. In any action for damages arising out of the operation or use of a motor vehicle, it bars the injured person from recovering any noneconomic damages at all (pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages) if that person owned a vehicle involved in the accident that was not insured as the financial responsibility laws require, was the operator of a vehicle in the accident and cannot establish that financial responsibility, or was convicted of driving under the influence under Vehicle Code 23152 or 23153 in connection with the crash. Economic damages survive; pain and suffering does not. The statute writes in one exception: an uninsured owner may still recover noneconomic damages if the driver who injured them was convicted of a DUI offense in the crash. For an uninsured California motorist hit by a truck, this is often the single biggest reason a recovery comes in far below what the injuries would otherwise support.
The second is California Vehicle Code 17151. Vehicle Code 17150 makes a vehicle owner responsible for injury or death caused by someone who drove the vehicle with the owner's permission, and 17151 limits the liability that chapter imposes to $15,000 for the death of or injury to one person in any one accident, $30,000 for more than one person, and $5,000 for property damage. That ceiling reaches only the liability an owner picks up for lending the vehicle. It does not limit what the driver personally owes, and it does not limit a motor carrier sued for its own negligence or for the on-the-job conduct of its employee driver, which is where the substantial coverage in a truck case sits.
Claims against public entities have their own rules.
Federal trucking rules: the FMCSA layer
Interstate commercial trucks are regulated by the Federal Motor Carrier Safety Administration, and its rules in Title 49 of the Code of Federal Regulations apply on every interstate route, California included. The rules that matter most after a crash are:
- Hours of service (49 CFR Part 395): a property-carrying driver may drive at most 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty, must take a 30-minute break after 8 hours of driving, and is capped at 60 hours in 7 days or 70 hours in 8 days. Fatigue-rule violations are a leading cause of serious truck crashes.
- Electronic logging devices (ELDs): most drivers must record their duty status with an ELD, which makes the hours-of-service data far harder to falsify and a key piece of evidence.
- Driver qualification and CDL (49 CFR Part 391): the carrier must confirm the driver is qualified, medically fit, and properly licensed.
- Drug and alcohol testing (49 CFR Part 382): pre-employment, random, and post-accident testing is required.
- Inspection and maintenance (49 CFR Part 396): the carrier must systematically inspect, repair, and maintain its vehicles and keep records.
A documented violation of any of these rules can be strong evidence of negligence, which is why the Federal Motor Carrier Safety Administration regulations are central to a truck case.
Who can be held liable after a truck crash
A truck case usually has more than one defendant, and several are companies. Potential defendants include the driver; the motor carrier, which is generally responsible for its driver's on-the-job conduct and can also be sued directly for negligent hiring, training, supervision, or maintenance; a freight broker or shipper; the company that loaded or secured the cargo if a load shift caused the crash; and a manufacturer if a defective brake, tire, or other component failed. Identifying every responsible entity is one of the main reasons truck cases are more complex than car cases.

Federal minimum insurance: $750,000 and up
Federal law requires far more coverage from interstate trucking companies than states require from ordinary drivers. Under 49 CFR 387.9, a for-hire carrier of general freight in interstate commerce must maintain at least $750,000 in public-liability coverage, and carriers hauling hazardous materials must carry up to $5,000,000. That is the financial backdrop behind why truck-crash claims are valued and litigated so differently from the 30/60/15 minimum that applies to a typical California car.
Preserving the evidence before it disappears
Much of the strongest evidence in a truck case lives inside the truck and the carrier's files, and a lot of it can be overwritten or routinely discarded. ELD and logbook data, the engine control module (the truck's onboard "black box," which can record speed, braking, and throttle), dashcam footage, dispatch records, and maintenance files can all be lost within weeks. For that reason, a written preservation or spoliation letter sent to the carrier early, demanding that it keep this data, can make a real difference. The police crash report (in California, the CHP or local agency report), photographs, and your medical records should be preserved on your side as well.
How injury cases are typically handled
Most personal-injury and wrongful-death lawyers in California work on a contingency fee, meaning the fee is a percentage of any recovery and there is usually no upfront cost, and most offer a free initial consultation. No lawyer can promise a specific result or dollar amount, because the outcome depends on liability, the available insurance, the comparative-fault split, and the harm actually proven. The practical points are clear: a two-year clock (and a six-month one for government claims) may be running, the evidence inside the truck is perishable, and pinning down the facts early protects the case.

Frequently Asked Questions
What is the deadline to sue for a truck accident in California?
Generally two years. California Code of Civil Procedure 335.1 gives an injured person two years from the date of the crash to file a personal-injury lawsuit, and two years from the date of death for a wrongful-death claim. If a government entity is involved, you usually must present a written claim within six months under the Government Claims Act before you can sue, so confirm your specific deadlines early.
Who can be sued after a truck accident in California?
Often several parties. The truck driver, the motor carrier (for its driver's conduct and for negligent hiring, training, supervision, or maintenance), a freight broker or shipper, the company that loaded or secured the cargo, and the manufacturer of a defective part can each be liable. Truck cases frequently involve multiple corporate defendants, which is a key difference from a car-accident case.
How is a truck accident different from a car accident?
Three big ways. Interstate trucks must follow federal FMCSA safety rules (hours of service, electronic logs, driver qualification, drug testing, maintenance) whose violations are evidence of negligence; the trucking company and other businesses are usually defendants, not just the driver; and federal law requires at least $750,000 in liability coverage, far above an ordinary car policy. The truck's electronic data must also be preserved quickly before it is overwritten.
How much is a California truck accident case worth?
There is no set figure and no one can promise an amount. Value depends on the severity of the injuries, the medical bills and lost income, the available insurance, and your share of fault under California's pure comparative-negligence rule. California sets no general dollar cap on damages in vehicle-crash cases, but Civil Code 3333.4 bars pain-and-suffering damages entirely if the injured person owned an uninsured vehicle involved in the crash, cannot establish financial responsibility as the driver, or was convicted of DUI in the crash, so the actual recovery turns on the proof and the circumstances in your specific case.
Is California a no-fault state for truck accidents?
No. California is an at-fault (tort) state, so you pursue the at-fault driver and trucking company rather than only your own insurer. There is no no-fault threshold to clear, and serious truck-injury claims are handled as standard liability cases under pure comparative negligence.
Injured in California? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a California personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Corrected the damage caps section: California sets no general cap on truck-crash damages, but Civil Code 3333.4 (Proposition 213) bars pain-and-suffering recovery for uninsured owners, drivers who cannot establish financial responsibility, and drivers convicted of DUI, and Vehicle Code 17151 caps an owner's permissive-use liability at $15,000/$30,000.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Civil Code
§ 1714In forcecited in 4 of our articles
(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief. (b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 828 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Merrill v. Navegar, Inc. (California Supreme Court 2001, 110 Cal. Rptr. 2d 370)“…nsumer product, is subject to the general duty of due care (Civ. Code, § 1714, *494 subd. (a)) toward those foreseea…”
- Zelig v. County of Los Angeles (California Supreme Court 2002, 119 Cal. Rptr. 2d 709)“…ed that the county’s negligence caused their injury, citing Civil Code section 1714. They alleged that the county invited m…”
- Thing v. La Chusa (California Supreme Court 1989, 48 Cal. 3d 644)“…liable for injuries caused by failure to exercise due care (Civ. Code, § 1714, subd. (a)), “no such exception should…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Car Accident Laws: Fault, Insurance, and Your Claim, California Slip and Fall Laws: Proving Premises Liability, California Motorcycle Accident Laws (2026): Deadlines & Helmets
California Code of Civil Procedure
§ 335.1In forcecited in 7 of our articles
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 320 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):California courts have applied Section 335.1's two-year period. Aguilera v. Heiman (2009) held it did not operate retroactively to revive a personal injury claim already barred under former Section 340(3). Pugliese v. Superior Court (2007) applied it to bar assault and battery counts, counting each incident separately.
Opinions citing this section in our collection:
- Quiroz v. Seventh Avenue Center (California Court of Appeal 2006, 45 Cal. Rptr. 3d 222)“…in opposition to the motion that the then recently enacted Code of Civil Procedure section 335.1, which provides for a two-year—instead…”
- Pugliese v. Superior Court (California Court of Appeal 2007, 53 Cal. Rptr. 3d 681)✓A wife sued her husband over roughly 15 years of domestic abuse. The court held 335.1 runs separately from each incident, so her assault and battery counts, last alleged act in 2001, were barred, though her emotional distress count and her domestic violence claim were timely.
- Aguilera v. Heiman (California Court of Appeal 2009, 174 Cal. App. 4th 590)✓A gutter installer hurt by a high voltage wire in 1997 sued the property manager in 2007. The court held 335.1's two-year period, effective January 1, 2003, did not operate retroactively to revive a claim already barred under the former one-year statute, and affirmed dismissal.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Dog Bite Laws: Liability and Victim Rights, California Statute of Limitations: Filing Deadlines by Case Type, California Wrongful Death Laws (2026): Deadlines & Who Can Sue
§ 377.60In forcecited in 2 of our articles
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents. (b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 173 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Giordano (California Supreme Court 2007, 68 Cal. Rptr. 3d 51)“…anding for certain persons to bring wrongful death actions, Code of Civil Procedure section 377.60, “is to enable the heirs and certain sp…”
- Boeken v. PHILIP MORRIS USA, INC. (California Supreme Court 2010, 48 Cal. 4th 788)“…laintiff then filed the present wrongful death action under Code of Civil Procedure section 377.60, again seeking compensation from Philip…”
- Ruiz v. Podolsky (California Supreme Court 2010, 50 Cal. 4th 838)“…se does not refer to wrongful death causes of action (see Code Civ. Proc., § 377.60) brought by persons who have not signe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Federal Regulations Title 49
§ 387.9Financial responsibility, minimum levels.In forcecited in 52 of our articles
The minimum levels of financial responsibility referred to in § 387.7 are hereby prescribed as follows: Table 1 to § 387.9—Schedule of Limits—Public Liability Type of carriage Commodity transported January 1, 1985 (1) For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds) Property (nonhazardous) $750,000 (2) For-hire and Private (In interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds) Hazardous substances, as defined in 49 CFR 171.8, transported in bulk in cargo tanks, portable tanks, or hopper-type vehicles; in bulk Division 1.1, 1.2 or 1.3 materials; in bulk Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material, in bulk Division 2.1 or 2.2 material; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403 5,000,000 (3) For-hire and Private (In interstate or foreign commerce, in any quantity; or in intrastate commerce, in bulk only; with a gross vehicle weight rating of 10,001 or more pounds) Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, or hazardous substances defined in 49…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Carolina Casualty Insurance v. Yeates (2009) held an MCS-90 endorsement applies only where the underlying policy gives no coverage and the carrier's insurance falls below the minimums 49 CFR 387.9 prescribes. GREAT WEST CAS. v. General Cas. Co. of Wisconsin (2010) found that purpose met once other coverage exceeded the 387.9 amount.
Opinions citing this section in our collection:
- GREAT WEST CAS. v. General Cas. Co. of Wisconsin (District Court, D. Minnesota 2010, 734 F. Supp. 2d 718)“…ardous commodities is $750,000. 49 U.S.C. § 31139 (b)(2); 49 C.F.R. § 387.9 . Under the Federal Motor Carrie…”
- Carolina Casualty Insurance v. Yeates (Court of Appeals for the Tenth Circuit 2009, 584 F.3d 868)✓A trucker's own insurer paid the Yeateses the full $750,000 that section 387.9 sets as the minimum for non-hazardous property, and the en banc court held a second insurer's MCS-90 endorsement was therefore never triggered and added no coverage.
- American Inter-Fidelity Exchange v. American Re-Insurance Company (Court of Appeals for the Seventh Circuit 1994, 17 F.3d 1018)✓A truck insurer sought reinsurance for $846,256 in deductibles it paid accident victims but could not collect; the court read the mandatory endorsement to require insurers to cover victims from the first dollar up to section 387.9's minimums, and reversed the dismissal.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in Connecticut (2026): Deadlines & Liability, Truck Accident Laws in Alabama (2026): Deadlines & Liability, Truck Accident Laws in Iowa (2026): Deadlines & Liability
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Sources and References
- California Legislative Information, Code of Civil Procedure 335.1 (two-year limitation for personal injury and death)(leginfo.legislature.ca.gov).gov
- California Legislative Information, Code of Civil Procedure 377.60 (wrongful-death action: who may sue)(leginfo.legislature.ca.gov).gov
- CourtListener, Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) adopting pure comparative negligence in California(courtlistener.com)
- Electronic Code of Federal Regulations, 49 CFR Part 395 (Hours of Service of Drivers); also Part 391 (driver qualification), Part 382 (drug/alcohol testing), Part 396 (inspection and maintenance)(ecfr.gov).gov
- Electronic Code of Federal Regulations, 49 CFR 387.9 (minimum levels of financial responsibility; $750,000 general freight, up to $5,000,000 hazardous materials)(ecfr.gov).gov
- Federal Motor Carrier Safety Administration, Regulations (Federal Motor Carrier Safety Regulations overview, hours of service, ELDs, driver qualification, maintenance)(fmcsa.dot.gov).gov
- California Legislative Information, Civil Code 3333.4 (Proposition 213: no noneconomic damages for an uninsured owner, an operator who cannot establish financial responsibility, or a driver convicted of DUI)(leginfo.legislature.ca.gov)
- California Legislative Information, Vehicle Code 17151 ($15,000/$30,000/$5,000 limit on the permissive-use liability imposed on a vehicle owner)(leginfo.legislature.ca.gov)