Consistent Success
for Over 30 Years
for Over 30 Years
Big Rig Accident Attorney — Los Angeles & Southern California
If you were injured in a collision with a semi-truck, 18-wheeler, or commercial big rig, you are not dealing with a typical car accident claim. You are up against a trucking company, their fleet insurer, and a team of defense attorneys whose job starts the moment that crash occurs. At Steven M. Sweat, Personal Injury Lawyers, APC, our big rig accident attorneys in Los Angeles have spent over 30 years going toe-to-toe with the largest trucking companies operating in California — and winning.
| Free consultation. No fee unless we win. Call (866) 966-5240. |
Why Big Rig Accident Cases Are Different from Regular Car Accidents
A collision involving a big rig is not simply a larger version of a standard car accident. The legal, regulatory, and financial dimensions are fundamentally different in ways that directly affect how much compensation you can recover — and whether you recover anything at all.
The injuries are more severe.
A fully loaded commercial semi-truck can weigh up to 80,000 pounds under federal law. A standard passenger vehicle weighs roughly 3,500 to 4,500 pounds. The force disparity in a collision is catastrophic. Victims commonly suffer traumatic brain injuries, spinal cord damage, multiple fractures, internal organ injuries, and in the worst cases, wrongful death.
Multiple parties may be liable.
Unlike a two-car accident where one driver hit another, big rig crashes frequently involve the truck driver, the trucking company, the cargo shipper or loader, the truck or parts manufacturer, and a third-party maintenance contractor. Identifying every liable party — and preserving your right to sue each one — requires immediate legal action.
Federal regulations apply.
Commercial trucking is governed by the Federal Motor Carrier Safety Regulations (FMCSRs), administered by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover hours of service, driver qualification, vehicle inspection and maintenance, cargo securement, and drug and alcohol testing. Violations of these regulations are powerful evidence of negligence.
Evidence disappears fast.
The trucking company’s insurer may deploy an accident response team to the scene within hours of a crash. Electronic logging device (ELD) data, black box information, driver qualification files, maintenance records, and dashcam footage can be overwritten, lost, or destroyed — sometimes within days — if a legal hold is not placed immediately.
Federal Motor Carrier Safety Regulations — What They Mean for Your Case
The FMCSA imposes strict requirements on commercial trucking operations. When a trucking company or driver violates these regulations and a crash results, those violations are direct evidence of negligence. Our truck accident attorneys in Los Angeles know exactly where to look.
Hours of Service (HOS) violations.
Under 49 C.F.R. Part 395, commercial drivers are limited in how many consecutive hours they can operate a vehicle before mandatory rest periods. Property-carrying drivers may not drive more than 11 hours after 10 consecutive hours off duty, and cannot drive after 14 consecutive hours on duty. ELD data and driver logs can reveal HOS violations your attorney can use to establish negligence.
Driver qualification standards.
Under 49 C.F.R. Part 391, trucking companies are required to verify that every driver they hire holds a valid CDL, has a clean driving record, and has passed required medical examinations. Hiring an unqualified or medically unfit driver exposes the company to direct liability.
Vehicle inspection and maintenance.
Under 49 C.F.R. Part 396, trucking companies must conduct systematic inspections and maintain records of all repairs. Brake failures, tire blowouts, and steering defects caused by deferred maintenance are common factors in big rig crashes — and the maintenance logs are evidence your attorney can subpoena.
Cargo securement.
Under 49 C.F.R. Part 393, cargo must be properly secured to prevent shifting, falling, or spilling. Improperly loaded or secured cargo can cause a truck to jackknife, roll over, or shed debris onto the roadway. The party responsible for loading may be a separate shipper or freight broker who shares liability.
Drug and alcohol testing.
Under 49 C.F.R. Part 382, commercial drivers are subject to pre-employment, random, post-accident, and reasonable suspicion testing. If a driver who caused your crash was impaired and the company failed to act on prior positive tests, the company faces significant liability.
Who Is Liable in a Big Rig Accident?
One of the most critical aspects of a big rig accident case is identifying every party whose negligence contributed to the crash. California law allows you to pursue all liable parties.
- The truck driver may be liable for speeding, distracted driving, fatigued driving, impaired driving, improper lane changes, or failure to properly inspect the vehicle before departure.
- The trucking company may be liable under respondeat superior for the driver’s negligence, or independently liable for negligent hiring, supervision, entrustment, or FMCSA violations.
- The cargo shipper or freight broker may be liable if improper loading, overloading, or failure to secure cargo contributed to the crash.
- The truck or parts manufacturer may be liable under California products liability law if a defective component — brakes, tires, steering, coupling systems — contributed to the accident.
- The maintenance contractor may be liable if a third party performed negligent repairs or inspections on the vehicle.
Under California’s pure comparative fault system, each liable party is responsible for their proportionate share of your damages.
Big Rig Accident Settlement Amounts in California
Settlement values in big rig accident cases are significantly higher than standard car accident claims. Under federal law, commercial motor carriers are required to carry minimum liability insurance of $750,000 for general freight, and up to $5,000,000 for carriers transporting hazardous materials.
The value of your specific case depends on:
- Severity and permanence of your injuries — spinal cord injuries, traumatic brain injuries, and permanent disability claims command the highest values.
- Total medical costs — past treatment already incurred plus future care needs, including surgeries, rehabilitation, and long-term medical management.
- Lost income and earning capacity — wages already lost and your reduced ability to earn in the future if you cannot return to your prior occupation.
- Pain and suffering — California allows recovery for both physical pain and emotional distress. See our guide on pain and suffering settlement examples for more detail on how these damages are calculated.
- Wrongful death damages — if you lost a family member in a big rig accident, California law allows recovery for loss of financial support, loss of companionship, and funeral expenses. Visit our wrongful death practice area page for more information.
Our firm has recovered multi-million dollar results for clients injured in commercial trucking accidents throughout Los Angeles and Southern California.
The 48-Hour Evidence Window — Why You Must Act Immediately
In a big rig accident case, the first 48 hours are the most legally critical period of your entire claim.
Commercial trucks are equipped with electronic logging devices (ELDs) that record hours of service data, and event data recorders (EDRs) — commonly called black boxes — that capture vehicle speed, braking, steering input, and other data in the seconds before a collision. This data is often stored on a rolling 30-day overwrite cycle. Once it is gone, it is gone.
An attorney can send a spoliation letter — a formal legal demand to preserve all evidence — to the trucking company, their insurer, and any third parties within hours of being retained. This letter creates a legal obligation to preserve all physical and electronic evidence and can expose the trucking company to sanctions if evidence is later found to have been destroyed.
| Do not wait. Call our office immediately after your big rig accident. The sooner we can place a legal hold on the evidence, the stronger your case will be. |
What to Do After a Big Rig Accident in Los Angeles
- Call 911 immediately. A police report is essential. In serious crashes, the California Highway Patrol (CHP) may conduct its own investigation.
- Seek emergency medical care. Even if you feel you were not seriously hurt, get examined immediately. Spinal injuries and traumatic brain injuries frequently have delayed symptom onset.
- Do not speak to the trucking company’s insurer. Any early settlement offer in a big rig case is almost certainly far below the actual value of your claim. Do not give a recorded statement and do not accept any offer.
- Document everything you can. Photograph the vehicles, road conditions, skid marks, and your injuries. Get the truck driver’s CDL number, the trucking company name, the DOT number on the side of the truck, and insurer information.
- Contact a big rig accident attorney immediately. The single most important step you can take is retaining an experienced attorney as quickly as possible so that the evidence preservation process begins immediately.
Why Choose Steven M. Sweat, Personal Injury Lawyers, APC
Trucking companies and their insurers are not intimidated by attorneys who occasionally handle truck accident cases. They know which firms go to trial and which ones don’t. They know which attorneys understand FMCSA regulations and which ones don’t. And they negotiate accordingly.
At our firm, big rig and commercial vehicle accident cases are a core part of what we do. Steven M. Sweat has been recognized by Super Lawyers continuously since 2012, holds an AVVO 10.0 rating, and is a member of the Multi-Million Dollar Advocates Forum — a distinction limited to attorneys who have recovered verdicts and settlements of $2 million or more. We handle cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
We also handle Los Angeles motorcycle accident cases, premises liability, traumatic brain injury, and wrongful death cases across all of Southern California.
Q1: Can I sue the trucking company directly, or only the driver?
In most big rig accident cases, you can sue both the truck driver and the trucking company. If the driver was an employee acting within the scope of their employment, the company is vicariously liable under the doctrine of respondeat superior. The company may also face direct liability for negligent hiring, supervision, or retention of the driver, or for violations of FMCSA regulations. In some cases, the shipper, cargo loader, or parts manufacturer may also be liable. An attorney will identify every party whose negligence contributed to your crash.
Q2: What is the statute of limitations for suing a trucking company in California?
Under California Code of Civil Procedure §335.1, you generally have two years from the date of the accident to file a personal injury lawsuit against the trucking company and driver. However, if a government entity owned or operated the truck, you must file a government tort claim within six months. Additionally, practical deadlines exist well before the legal deadline: critical evidence like ELD data, black box data, and driver logs can be lost or destroyed within weeks. Contacting an attorney immediately after the crash is strongly advised.
Q3: What if the big rig driver was an independent contractor, not an employee?
Trucking companies frequently attempt to classify drivers as independent contractors to avoid vicarious liability. However, California courts and the FMCSA look beyond the contract label to the actual nature of the relationship. If the trucking company controlled how, when, and where the driver performed their work, the driver may be found to be an employee regardless of how they were classified. California’s ABC test under AB 5 also applies in certain circumstances. An experienced attorney will analyze the relationship and pursue the company regardless of how it attempts to characterize the driver’s status.
Q4: How long does a big rig accident case take to resolve in California?
The timeline depends on the complexity of the case and whether the trucking company’s insurer agrees to a fair settlement or forces litigation. Many commercial truck accident cases with clear liability and documented injuries resolve within 12 to 24 months. Cases involving disputed liability, multiple defendants, catastrophic injuries, or wrongful death may take longer, particularly if the case proceeds to trial. Our attorneys work to resolve cases as efficiently as possible while never accepting an inadequate settlement simply to close the file quickly.
Q5: What if I was partially at fault for the big rig accident?
California operates under a pure comparative fault system, which means you can recover compensation even if you were partially at fault. Your recovery will be reduced by your percentage of fault. For example, if you were found 20% at fault and your total damages were $1,000,000, you would recover $800,000. Trucking companies and their insurers routinely attempt to shift blame onto the injured party to reduce their exposure. Having an experienced attorney document the evidence and counter these tactics is critical to maximizing your recovery.
Q6: Does it cost anything to hire a big rig accident attorney?
No. Our firm handles big rig accident cases on a contingency fee basis. You pay no attorney’s fees upfront and no attorney’s fees at all unless and until we recover compensation for you. Your initial consultation is also free. There is no risk to calling us and no financial barrier to getting experienced legal representation from the first day after your accident.
Contact a Big Rig Accident Attorney in Los Angeles Today
If you or a family member was injured in a collision with a semi-truck, 18-wheeler, or commercial big rig anywhere in Los Angeles or Southern California, contact Steven M. Sweat, Personal Injury Lawyers, APC today for a free consultation. Evidence in trucking accident cases moves fast — the sooner you call, the stronger your case.
| Call (866) 966-5240 — available 24/7. Free consultation. No fee unless we win. Se Habla Español. |