Truck Accident Lawsuit In San Diego: What To Know (2026)

Who Can Be Liable in a San Diego Truck Accident?

Truck accidents typically occur because of driver error. This means that you can hold the trucker responsible. There may be other parties who are liable, however. One of these parties is the trucking company. If they are the trucker’s employer, then vicarious liability laws state that they could be responsible for the accident, too.

Similarly, if the problem was a malfunctioning part or a loading error, those in charge of maintaining the vehicle, manufacturers or loading personnel could be liable as well.

Federal Trucking Regulations That Affect Your Case

If your truck accident lawyer can identify any regulations the trucking company (or the individual driver) broke, it may help support your case.

The Federal Motor Carrier Safety Administration (FMCSA) sets regulations that drivers and trucking companies must adhere to. These are some of the most important:

Hours of Service Regulations

Truckers often operate on tight deadlines. Many will try to drive as much as they possibly can each day. This causes fatigue, which can lead to accidents.

That’s why the FMCSA has hours of service regulations. Truck drivers may not drive more than 11 hours in a shift.

Alcohol Restrictions

Drivers may not drink alcohol within four hours of driving. The legal alcohol limit for commercial drivers is set at 0.04%. For non-commercial drivers, the limit is 0.08%.

Mandatory Inspection Intervals

Commercial vehicles must be inspected for safety issues at least once every 12 months.

Driver Qualification Requirements

The FMCSA sets standards for commercial drivers. These include being at least 21 years of age and demonstrating the ability to drive safely.

Cargo Securement Rules

The FMCSA also requires cargo securement systems to meet strict criteria, including being able to withstand a certain amount of force from each direction.

Common Types of Truck Accidents

The sheer weight of most commercial trucks makes commercial trucking accidents especially dangerous. However, there are more types of trucking accidents than most people realize. These are some of the most common:

Jackknife Accidents

These accidents happen when the trailer swings out and forward. Slippery roads, sudden braking and empty trailers are all common causes.

Loose Cargo Accidents

When cargo is not properly secured to the trailer, it can fall into the roadway and cause crashes.

Underride Crashes

These often-fatal accidents happen when a passenger car slides under a trailer.

Rollover Accidents

Rollover accidents involve a truck tipping over, often due to sharp turns, speed or improper loading.

Blind Spot Accidents/Sideswipes

Trucks have much larger blind spots than smaller vehicles, which can increase the risk of accidents.

Blown Tire Accidents

When trailers are overloaded or poorly maintained, they may be more likely to blow tires.

Head-On Collisions

When fatigued truck drivers start drifting out of their lanes, they may cause head-on collisions.

Steps to File a Truck Accident Lawsuit in San Diego

To file a truck accident lawsuit, you need to first get medical attention for your injuries and start gathering all evidence of how the accident occurred. The next step should be to hire a San Diego truck accident lawyer. They can assist you with filing the claim, negotiating with insurance companies and beginning a lawsuit, as needed.

Filing Deadlines and Statute of Limitations

The statute of limitations for traffic accidents in California is two years from when the crash occurs. There may be exceptions to this deadline, so it’s vital to speak with a lawyer as soon as you can after your accident.

Damages You Can Recover in a Truck Accident Lawsuit

Your attorney may try to negotiate a settlement before filing a truck accident lawsuit on your behalf. If the lawsuit is successful, you may be able to recover both non-economic and economic damages for:

• Medical expenses (including future medical bills)
• Lost income
• Loss of earning capacity
• Pain and suffering (compensation for physical and emotional distress)

Adding up the value of your economic and non-economic damages can be challenging. However, an experienced lawyer should be able to assess your case and help you understand how much compensation you might realistically be able to recover.

How Evidence Works in Truck Accident Cases

In truck accidents, some of the most important pieces of evidence can include your medical records and statements from doctors about how long your recovery will take. Witness testimonies are often very helpful, too, as is footage or images that show how the crash occurred.

What to Expect During Negotiations and Trial

Insurance companies may try to pin as much of the blame on you as possible. Your attorney will fight to get you the settlement you need, but if the insurance company refuses to settle fairly, your lawyer can also take the case to trial. There is generally a discovery period for each side to exchange evidence before the court case starts.

Begin Legal Action With a Skilled Attorney

At ConsumerShield, we can help you find an experienced and vetted lawyer in your area to assist with your case and guide you on what to do after a truck accident. Contact us to get started today.