Marin County Truck Accident Lawyer

By Sami Sedghani, Pharm.D., J.D. · Synergist Law, P.C. · San Rafael, California · Updated October 24, 2026

This page provides general information about California and federal law as it applies to collisions with heavy trucks. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. For advice about your specific situation, consult a licensed California attorney.

A truck accident case is built differently from a car accident case. A big rig or other heavy truck is usually operated by a motor carrier that must follow federal and California safety rules, carries far more insurance than a passenger car, and records data about speed, braking, and driver hours that can be lost within weeks. More than one company may share responsibility: the carrier, the owner of the truck or trailer, the company that loaded it, and sometimes the broker that arranged the load. This page explains how those rules work in a California truck accident lawsuit and what to do if the crash happened in Marin County.

Synergist Law is led by attorney Sami Sedghani, a truck accident lawyer in San Rafael and a former clinical pharmacist. This page covers tractor-trailers and other heavy trucks. For delivery vans, company vehicles, buses, and government fleets, see commercial vehicle accidents, FedEx truck accidents, UPS truck accidents, Amazon delivery accidents, and delivery driver accidents. For driverless trucks, see our self-driving vehicle page.

Trucks covered on this page

• Big rigs, semis, and 18-wheelers: tractor-trailers hauling freight on Highway 101, Interstate 580, and Highway 37 (“big rig” is the common California term)
• Dump trucks, gravel trucks, and cement mixers serving construction and quarry sites
• Tanker trucks carrying fuel, chemicals, or other liquids
• Log trucks and flatbeds, where cargo securement is often the issue
• Tow trucks, including crashes during roadside recoveries
• Box trucks and rental moving trucks, often driven by people with little experience in large vehicles

Common types of truck crashes

• Rear-end crashes by a truck that could not stop in slowing traffic. A loaded tractor-trailer needs far more distance to stop than a car, which is why following distance, speed, and driver attention are central.
• Jackknife crashes, where the trailer swings out from the cab, often after hard braking, on wet pavement, or with an empty or unevenly loaded trailer.
• Underride crashes, where a car slides under the rear or side of a trailer. Rear guards and their maintenance become part of the case.
• Wide-turn and blind-spot crashes at intersections and freeway merges, including crashes with pedestrians and cyclists.
• Rollovers and spilled loads, often tied to speed on curves or improper cargo loading.
• Brake and tire failures, which point to inspection and maintenance records.

Who could be liable in a truck accident?

Usually the driver and the motor carrier, and sometimes others. California law looks at who controlled the truck, the driver, and the load:

• The driver, for unsafe driving, fatigue, impairment, or distraction.
• The motor carrier, which is generally responsible for an employee driver acting within the scope of employment, and can also be directly responsible for negligent hiring, training, supervision, dispatching, or maintenance.
• A carrier that uses an independent contractor. In Serna v. Pettey Leach Trucking, Inc. (2003) 110 Cal.App.4th 1475, a California Court of Appeal held that a carrier operating under public authority, in an activity involving possible danger to the public, “is liable to a third person for harm caused by the negligence of the carrier’s independent contractor.” Calling the driver a contractor does not necessarily end the carrier’s responsibility.
• The carrier that leases an owner-operator’s truck. Federal leasing rules require the lease to give the authorized carrier “exclusive possession, control, and use” of the equipment and “complete responsibility for the operation of the equipment for the duration of the lease” (49 CFR § 376.12(c)(1)).
• The shipper or loader, when improper loading or securement caused the crash, and in some cases the broker that selected the carrier.
• Maintenance shops and manufacturers, for defective brakes, tires, guards, or other components; see product liability.
• A public entity, when a dangerous condition of a public road contributed, under Government Code § 835, subject to the six-month claim deadline.

The name on the trailer is often not the company that employed the driver. The USDOT number on the cab door is what ties the truck to a carrier. Anyone can look up a carrier’s registration, insurance on file, and inspection and crash history by USDOT number in the FMCSA Company Snapshot.

The safety rules heavy trucks must follow

A violation of a safety rule can be evidence of negligence. These are the rules that come up most in California truck cases:

Those insurance figures are minimums. Many carriers carry more, sometimes through excess or umbrella policies that only come to light in discovery.

Evidence in a truck accident case, and how long it lasts

Much of the evidence in a truck case belongs to the carrier, and some of it is kept only for limited periods. A written preservation letter sent early identifies what must be kept:

• Engine control module and event data: speed, throttle, braking, and cruise control in the seconds before impact.
• Electronic logging device data and hours-of-service records. Federal rules require carriers to keep records of duty status and supporting documents for at least six months (49 CFR § 395.8(k)), so a fatigue claim can depend on acting before that window closes.
• Telematics and dashcam video, including driver-facing cameras, which are often overwritten on a routine cycle.
• The driver qualification file: license history, medical certificate, prior employers, and drug and alcohol testing.
• The carrier’s accident register, which federal rules require to be kept for three years after each accident (49 CFR § 390.15), and can show prior crashes.
• Inspection and maintenance records, including the 90-day inspections California requires.
• Dispatch, route, and load records, including bills of lading and broker agreements, which show who controlled the trip and the schedule the driver was working against.

If a party intentionally concealed or destroyed evidence, a California jury may be instructed that it can infer the evidence would have been unfavorable to that party (CACI No. 204).

If the truck crash happened in Marin County

Where heavy trucks travel. Most heavy-truck traffic in Marin runs on Highway 101, the county’s north-south freeway; on Interstate 580 across the Richmond-San Rafael Bridge to the East Bay; and on Highway 37, the 21-mile corridor that links Highway 101 in Novato with Interstate 80 in Vallejo and carries traffic between Marin, Sonoma, Napa, and Solano counties (MTC). Construction, gravel, and cement trucks also use local arterials such as Sir Francis Drake Boulevard.

Markings on the truck. The cab door (company name and USDOT number), the trailer (which may belong to a different company), both license plates, and any unit numbers can help identify the carrier and the other companies involved.

Who writes the report. Crashes on Highway 101, Interstate 580, Highway 37, and other state highways, and on roads in unincorporated Marin, are generally handled by the California Highway Patrol’s Marin Area office at 53 San Clemente Drive in Corte Madera. CHP releases reports to a “party of interest” through its crash report portal or form CHP 190.

The carrier moves first. A motor carrier’s insurer often sends an adjuster or investigator to the scene within hours. Hold off on recorded statements until you consult with a licensed attorney.

Outside Marin, the same rules apply, but the agencies change. Our pages on Sacramento truck accidents (I-5, I-80, and Highway 50) and Santa Rosa car and truck accidents (Highway 101 and Highway 12) cover the local reports, claim offices, and courts.

Deadlines for a California truck accident claim

• Personal injury: generally two years from the crash (Code Civ. Proc. § 335.1). A Marin case is filed in the Marin County Superior Court, 3501 Civic Center Drive, San Rafael.
• Wrongful death: generally two years from the date of death.
• Public entity trucks or dangerous roads: a written claim within six months (Gov. Code § 911.2). Where to send it in Marin is covered on our commercial vehicle page.
• Federal vehicles: an administrative claim under the Federal Tort Claims Act, generally within two years.

The evidence windows above, such as six months for hours-of-service records, are often shorter than the filing deadlines.

Injuries and damages in truck accident cases

The size difference between a heavy truck and a passenger car means truck crashes often involve traumatic brain injury, spinal cord injury, multiple fractures, crush injuries, burns, amputation, and wrongful death. Damages can include past and future medical care, lost earnings and earning capacity, and non-economic losses such as pain, suffering, and loss of enjoyment of life. Future care in serious injury cases is usually documented by a credentialed life care planner working with the treating physicians. Punitive damages are available only where a defendant acted with malice, oppression, or fraud as defined in Civil Code § 3294.

Truck accident settlements in California: what drives value

There is no reliable “average” truck accident settlement, because the factors that drive value vary so much from case to case: the severity and permanence of the injuries, the medical evidence connecting them to the crash, lost earnings, how fault is shared, the insurance and excess coverage available, which companies are responsible, and whether safety-rule violations can be proven with the carrier’s own records. For a general explanation, see what is the average value of truck accident claims in California.

How we handle serious truck accident cases

• Direct attorney involvement from intake forward. We handle discovery, depositions, and expert workup.
• Clinical background. Sami earned a Doctor of Pharmacy from UCSF before law school. Truck crashes often involve brain injury, spinal cord injury, fractures, and chronic pain, and the medical record is central to proving them.
• Published appellate work. Sami served as counsel in Osaze v. Gee (2026), a published First Appellate District decision.
• A limited caseload. The firm takes a limited number of cases so Sami can work on each one directly.

Before founding Synergist Law, Sami spent nine years at large law firms handling complex litigation and product liability litigation on behalf of companies. That work taught Sami how a corporate defendant gathers its records after an incident, and which records it would rather not produce: the driver’s qualification file, prior crashes in the accident register, maintenance histories, and the dispatch schedule the driver was working against. Because Sami is a former clinical pharmacist, we also read the medical record the way a defense expert will, including medication histories and whether the treating physician’s notes connect the mechanism of injury to the diagnosis. Neither background predicts how any particular case will turn out. It shapes how we prepare one.

Abogado de accidentes de camión en el condado de Marin

Sami Sedghani habla español con fluidez. Si usted o un familiar resultó lesionado en un accidente con un camión de carga, un tráiler o un camión de volteo en el condado de Marin o en el norte de la Bahía, llame al (415) 835-4448 para una consulta gratuita. Las empresas de transporte guardan algunos registros, como las horas de manejo del conductor, por tiempo limitado, por lo que conviene actuar pronto. Esta información es general y no constituye asesoría legal.

Tenemos una guía completa en español sobre accidentes de carro: Abogado de accidentes de carro en California.

Frequently asked questions about truck accidents in California

How is a truck accident case different from a car accident case?

Heavy trucks are operated by motor carriers that must follow federal and California safety rules, carry much higher insurance minimums than passenger cars, and record electronic data about speed, braking, and driver hours. More than one company, such as the carrier, the trailer owner, and the shipper, may share responsibility.

Who can be held liable in a truck accident besides the driver?

The motor carrier, which is generally responsible for its driver and can be directly responsible for hiring, training, and maintenance; a carrier that leased the truck from an owner-operator; the shipper or loader if improper loading caused the crash; maintenance shops and manufacturers for defective parts; and a public entity if a dangerous road condition contributed.

What if the truck driver owns the truck?

An owner-operator usually drives under a motor carrier’s authority. Federal leasing rules require the lease to give that carrier exclusive possession, control, and use of the truck and complete responsibility for its operation during the lease, and California courts have held regulated carriers liable for the negligence of their independent contractors.

How much insurance does a semi truck carry?

Interstate for-hire carriers hauling nonhazardous freight in trucks rated 10,001 pounds or more must carry at least $750,000, with $1,000,000 or $5,000,000 required for oil and hazardous cargo. California motor carriers of property generally must carry at least $750,000. Many carriers carry more through excess or umbrella policies.

How long does a trucking company keep driver logs?

Federal rules require motor carriers to keep records of duty status and supporting documents for at least six months. That is shorter than the two-year filing deadline for most injury claims, so a preservation letter should go out early.

What causes a truck to jackknife?

A jackknife happens when the trailer swings out from the cab, usually after hard or sudden braking, on wet or slick pavement, at excessive speed, or with an empty or unevenly loaded trailer. Engine data, brake maintenance records, and the load records usually show which of these contributed.

How long do I have to file a truck accident lawsuit in California?

Generally two years from the crash for personal injury and two years from the death for wrongful death. A claim involving a public entity’s truck or a dangerous public road requires a written government claim within six months. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.

Talk to a Marin County truck accident lawyer

If you or a family member was seriously injured in a collision with a big rig or other heavy truck in Marin County, the North Bay, or elsewhere in California, we can review what happened, identify the companies involved, and send preservation letters as early as possible. Call (415) 835-4448 or request a free consultation. Se habla español. Office: 1299 4th Street, Suite 301, San Rafael, CA 94901.

Contingency fee: no attorney’s fee unless we obtain a recovery for you. Depending on the terms of your written fee agreement, you may be responsible for case costs we advance even if there is no recovery. Your fee agreement explains this before representation begins.

The law described here may change after the date shown above. Every case turns on its own facts, and nothing on this page predicts any outcome, timeline, or value in your matter.