You Don’t Have to Face This Alone. Let Us Stand with You.

A serious injury caused by a truck accident can turn your world upside down. Our experienced truck accident attorneys represent Thousand Oaks and Westlake Village clients with compassion and relentless determination. When you work with us, you gain access to a trusted network of top medical professionals, doctors we would send our family to. Simply put, we’re here to help you rebuild your life.

Truck Accident Basics

Sharing the road with commercial trucks in Thousand Oaks and Westlake Village can be dangerous, especially when those vehicles are not operated carefully. Fully loaded big rigs can weigh up to 80,000 pounds and require far more distance to stop than passenger vehicles. When a truck driver is fatigued, the cargo is improperly loaded, or mechanical failures occur, a single error can result in catastrophic injuries or fatalities.

The FMCSA (Federal Motor Carrier Safety Administration) reports the number of truck accidents each year. 

In the most recently reported year, 4,587 fatal truck crashes, with 5,039 deaths, occurred in the USA. Many of these crashes involved a jackknifed truck.

Other common types of truck accidents include:

  • Rollovers (often due to speeding on curves or poor cargo balance)
  • Rear-end collisions (from inadequate braking distance)
  • Sideswipes (caused by unsafe lane changes)
  • Underride accidents (when a smaller vehicle becomes lodged beneath the truck’s trailer)

Victims of truck accidents may suffer a wide range of injuries, including:

  • Traumatic brain injuries (TBIs)
  • Spinal cord damage
  • Broken bones
  • Internal bleeding
  • Burns
  • Psychological trauma, like PTSD

Due to the size and weight of commercial trucks, these injuries are often severe and life-altering.

What Are California’s Truck Accident Laws?

Liability and Negligence in Truck Accidents

In California:

  • Truck accident claims are governed by fault-based liability
  • This means the party responsible for causing the crash—such as a truck driver, trucking company, or manufacturer—can be held financially liable for damages
  • Victims can pursue compensation for medical expenses, lost wages, property damage, and pain and suffering (Cal. Civ. Code § 1714)
  • The state follows a comparative negligence rule, meaning your compensation may be reduced if you were partially at fault for the accident (Cal. Civ. Code § 1431.2)

Trucking Regulations and Safety Rules

Commercial truck drivers and their employers must follow both federal and state regulations:

  • Federally, the FMCSA sets limits on service hours, requiring rest periods to prevent fatigue (49 CFR § 395)
  • In California, the Department of Motor Vehicles (DMV) and California Highway Patrol (CHP) oversee the operation and safety of commercial vehicles (California Vehicle Code Division 14)

Key state requirements include:

  • Mandatory commercial driver’s licenses (CDLs)
  • Maximum truck weight and size limits
  • Regular vehicle inspections and maintenance
  • Prohibited use of handheld devices while driving (California Vehicle Code § 23123.5)

Violations of these rules can prove negligence in a personal injury lawsuit.

Statute of Limitations

Keep the following in mind:

  • If you’ve been injured in a truck accident, you generally have two years from the date of the accident to file a personal injury claim in California (Cal. Civ. Proc. Code § 335.1)
  • If the accident involved a government entity (such as a city-owned truck), you must file a notice of claim within six months (Cal. Gov. Code § 911.2)

Holding Multiple Parties Accountable

California law allows injured parties to pursue compensation from multiple responsible entities, such as:

  • The truck driver
  • The trucking company (for negligent hiring, training, or maintenance)
  • Cargo loaders
  • Vehicle or parts manufacturers (if mechanical failure contributed to the crash)

This is particularly important in truck accidents, where several factors—driver behavior, equipment malfunction, or improper loading—may contribute to the outcome.

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semi truck driving on road at sunset

What Compensation Can I Get in a Truck Accident Claim?

If you’ve been injured in a truck accident in Thousand Oaks or Westlake Village, you may be entitled to financial compensation for both tangible and intangible losses. These claims often include:

  • Economic damages: This covers measurable financial losses such as medical expenses (past and future), lost wages, diminished earning capacity, property damage, rehabilitation, and other out-of-pocket costs related to your recovery.
  • Non-economic damages: These reflect the personal impact of your injuries and may include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship or intimacy with a spouse (also known as loss of consortium).

In some cases, punitive damages may also be awarded if the truck driver or company acted with extreme recklessness or intentional misconduct.

Every case is unique, and the value of your claim depends on:

  • The severity of your injuries
  • The evidence of negligence
  • The long-term effects on your life

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Steps to Take After a Truck Accident

If you’re considering filing a claim, here’s what the process may look like:

  1. Document the Scene: Gather photos, witness contact information, and any other details right after the accident.
  2. Hire a Qualified Attorney: Choose a lawyer with proven experience in truck accident litigation.
    Launch a Thorough Investigation: Your legal team will dig into all evidence, including federal compliance violations and crash reports.
  3. File a Demand Letter: Once your damages are documented, your lawyer will issue a formal demand for compensation.
  4. Negotiate or Litigate: Many cases settle, but we never accept less than you deserve. If the insurer refuses to negotiate fairly, we’re fully prepared to go to trial.

Do I Need a Lawyer After a Truck Accident in California?

These cases are far more complex than typical car accidents, with larger vehicles, more severe injuries, and powerful insurance companies working against you. That’s why having our experienced legal team by your side can make all the difference.

Here’s why injured clients throughout Thousand Oaks and Westlake Village trust us after a truck accident:

  • We Know the Law: With years of focused experience handling high-stakes commercial vehicle cases across California, we’ve earned a reputation for results. Our deep knowledge of trucking regulations, accident reconstruction, and insurance tactics means we’re trusted by clients and respected by courts.
  • We Take on the Insurance Companies: Insurance companies know our name, and they know we don’t back down. We’ve secured millions for clients by refusing lowball offers and preparing every case as if it’s going to trial. Our courtroom experience, strategic litigation skills, and reputation for tenacity give us real leverage at the negotiating table.
  • We Launch Detailed Investigations: Our team digs deep into the evidence—black box data, driver logs, maintenance records, and accident reports—to uncover the truth and build a powerful case on your behalf.
  • We Connect You With Top Medical Experts: Your health comes first. We’ll ensure you have access to trusted physicians and specialists who can treat your injuries and provide the medical evidence needed to support your claim.
  • We’re Here Start to Finish: We offer free consultations and work on a contingency fee basis, so you don’t pay unless we win. And if you’re struggling financially while your case is pending, we can help provide up-front support to ease the burden.
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FAQ's

Who can be held liable if cargo falls off a truck and causes a crash?

What is a “black box” and how does it help my case?

Can I sue the trucking company even if the driver was an independent contractor?

Will filing a truck accident claim affect my immigration status?

How long does a truck accident case typically take to resolve?

What if the truck that hit me was from out of state?

Can I still recover damages if the truck driver wasn’t charged with a crime?

Are truck accident settlements taxable in California?

Can a family member file a claim if the victim died in a truck accident?

Who can be held liable if cargo falls off a truck and causes a crash?

If unsecured or improperly loaded cargo falls off a truck and causes an accident, several parties may be responsible. This could include the truck driver, the trucking company, or the third-party company responsible for loading and securing the freight. Identifying the liable party requires careful analysis of cargo records, contracts, and safety protocols.

What is a “black box” and how does it help my case?

Commercial trucks are often equipped with an electronic control module (ECM), also known as a “black box.” This device records crucial data such as speed, brake usage, and hours of operation. We use this information to help prove negligence or regulatory violations in your claim.

Can I sue the trucking company even if the driver was an independent contractor?

Yes, in some cases. Even if the driver is an independent contractor, the trucking company may still be liable for negligent hiring, supervision, or failure to enforce safety protocols. We evaluate every relationship and contract to identify all liable parties.

Will filing a truck accident claim affect my immigration status?

No. Your immigration status does not impact your legal right to file a personal injury claim in California. You can pursue compensation for your injuries regardless of your citizenship or documentation status, and your privacy is protected.

How long does a truck accident case typically take to resolve?

It depends on the case. Some claims settle in a few months, while others—especially those involving severe injuries or disputed liability—can take a year or more. At The Swanson Law Group, we push for swift, fair resolutions but never rush to settle for less than you deserve.

What if the truck that hit me was from out of state?

That’s common. Commercial trucks often cross state lines. If you're injured in California, California law applies. We pursue claims against out-of-state trucking companies through California courts and handle any interstate legal complexities on your behalf.

Can I still recover damages if the truck driver wasn’t charged with a crime?

Yes. Civil liability and criminal charges are separate matters. You do not need a criminal conviction to prove negligence in a personal injury claim. Many drivers who cause serious accidents face no criminal charges but can still be held financially accountable.

Are truck accident settlements taxable in California?

Generally, compensation for physical injuries, medical costs, and pain and suffering is not taxable under both federal and California law. However, any portion of a settlement attributed to lost wages or punitive damages may be subject to taxes. Always consult a tax professional.

Can a family member file a claim if the victim died in a truck accident?

Yes. In California, certain family members—such as spouses, children, or dependent parents—may be eligible to file a wrongful death claim. This allows them to pursue compensation for funeral expenses, lost financial support, and emotional loss.

If You’ve Been Hurt in a Truck Accident in Thousand Oaks or Westlake Village, We Want to Hear Your Story

Insurance companies are in the business of minimizing payouts with unfair tactics and undervalued offers. If you’ve already received a settlement offer, let us review it before you sign anything. Most truck accident cases settle before trial, but that doesn’t mean we accept whatever the insurance company puts on the table.

At The Swanson Law Group, we respect and stand with you. We’re committed to justice, equity, and aggressive advocacy, no matter your background or financial situation. If a lowball offer comes your way, we’re ready to take your case to court. Contact us today.

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