Kuzyk Personal Injury & Car Accidents Lawyers

How to File a Truck Accident Lawsuit in Bakersfield, CA

To file a truck accident lawsuit in Bakersfield, CA, gather evidence, seek medical treatment, and consult a personal injury attorney. File a complaint in Kern County Superior Court within California’s two-year statute of limitations. The process involves discovery, possible settlement negotiations, and, if needed, trial. Legal representation is highly recommended for navigating complex trucking regulations and liability issues.

Truck accidents in Bakersfield can leave victims with devastating injuries, mounting medical bills, and emotional trauma.

The legal process to recover compensation often feels overwhelming, especially when facing powerful trucking companies and insurers.

Without proper guidance, you risk settling for far less than you deserve—or missing your chance to file entirely.

Each step, from gathering evidence to meeting strict deadlines, demands precision and legal know-how. This uncertainty can leave you feeling powerless during an already painful time. That’s why understanding how to file a truck accident lawsuit, and having the right legal support, can make all the difference.

In this article, we explain how to file a truck accident lawsuit in Bakersfield, California, and what you need to know to protect your rights.

Who Can File A Truck Accident Lawsuit In Bakersfield

You have the right to file a truck accident lawsuit if you were injured because of someone else’s negligence in Bakersfield or anywhere in Kern County. Negligence occurs when someone fails to use reasonable care, meaning they didn’t act the way a careful person would in the same situation.

If you lost a loved one in a truck crash, your family can file a wrongful death claim. This legal action seeks justice and financial support for your family’s future.

Many different people can file truck accident lawsuits:

Most Bakersfield truck accidents get filed at the Kern County Superior Court on Truxtun Avenue. A truck accident lawyer in Bakersfield can tell you if you have the right to file a lawsuit.

Claim Or Lawsuit After A Truck Accident

An insurance claim is your first step after a truck accident. This means you contact the trucking company’s insurance to ask for money to cover your losses. But sometimes insurance companies won’t pay what’s fair.

A lawsuit becomes necessary when the insurance company disputes fault or offers too little money. Filing a lawsuit shows you’re serious about getting proper compensation.

The key differences between claims and lawsuits are:

Insurance ClaimLawsuit
Informal talks with insurance adjusterFormal court case with a judge
Limited rights to access evidenceFull access to trucking company records
Quick but often unfair offersTakes longer but allows full compensation
No court supervisionThe judge oversees the entire process

Most truck accident cases settle before trial. But filing a lawsuit gives your Bakersfield truck accident attorney the power to get you a fair deal.

Steps To File A Truck Accident Lawsuit In Bakersfield

Filing a truck accident lawsuit involves specific steps that must happen in order. Missing any step could hurt your case or eliminate your right to compensation entirely.

A truck accident lawyer in Bakersfield, CA, can guide you through each step. Here’s what the process looks like:

Get Medical Care And Document Injuries

Your health comes first after any truck accident. You need medical attention right away, even if you feel okay. Adrenaline can mask serious injuries like brain trauma or internal bleeding.

Keep every medical record from your treatment. This includes emergency room visits, X-rays, MRIs, doctor appointments, and prescription receipts. These documents prove your injuries were caused by the truck accident.

Some injuries don’t show symptoms right away. Getting checked by a doctor creates an official record that connects your injuries to the crash.

Report The Crash And File DMV SR-1

California law requires you to report certain accidents to the DMV. You should file an SR-1 form with the California DMV when the crash results in injuries or significant property damage.

This DMV report is separate from the police report filed at the crash scene. The police report goes to law enforcement, while the SR-1 goes to the Department of Motor Vehicles.

You can download the SR-1 form from the California DMV website. Filing this report protects your legal rights and follows state law.

Preserve Trucking Evidence And Send A Spoliation Letter

A spoliation letter is a legal document that tells the trucking company they must save all evidence. This step is urgent because trucking companies can legally destroy important records after six months.

Critical evidence that must be preserved includes:

Your truck accident attorney in Bakersfield, CA, will send this letter immediately. Waiting too long means losing evidence that could win your case.

Investigate Liability And Identify All Defendants

Truck accidents often involve multiple parties who share blame. Finding all responsible parties increases your chances of getting full compensation.

A thorough investigation might reveal these defendants:

Each defendant may have separate insurance coverage. This means more money available to pay for your injuries and losses.

Calculate Damages And Issue A Demand

Before negotiations start, your attorney calculates all your losses. Damages include both economic losses (medical bills, lost wages) and non-economic losses (pain and suffering).

The calculation must include future costs too. If your injuries will require ongoing treatment or prevent you from working, those future losses count as damages.

Your attorney then sends a demand letter to the insurance companies. This letter officially starts settlement negotiations and explains why you deserve compensation.

File The Complaint In Kern County Superior Court

If insurance companies won’t offer fair settlements, your attorney files a lawsuit. The legal document that starts the lawsuit is called a complaint.

The complaint gets filed at Kern County Superior Court at 1415 Truxtun Avenue in Bakersfield. Filing fees typically cost between $435 and $450.

The complaint must explain exactly how each defendant was negligent and how their negligence caused your injuries. It also states how much money you’re seeking in damages.

Serve All Parties And Manage Responses

After filing the complaint, each defendant must be officially notified through “service of process.” This means delivering lawsuit papers to them in a specific legal way.

Defendants then have 30 days to file their response with the court. Large trucking companies often hire experienced defense attorneys who will try to minimize your compensation.

Serving out-of-state trucking companies requires special procedures. Your attorney handles all these technical requirements to protect your case.

Exchange Discovery And Take Depositions

Discovery is the formal process where both sides share evidence. Discovery includes several types of evidence gathering, during which parties exchange information, request documents, and take depositions to develop the case.

During depositions, your attorney questions the truck driver, company officials, and expert witnesses. This testimony often reveals important facts that help prove your case.

Negotiate Mediation And Settlement

Most Kern County judges require mediation before allowing cases to go to trial. Mediation is a meeting where a neutral person helps both sides try to reach an agreement.

Over 90% of personal injury cases settle without going to trial. Settlement saves time and guarantees compensation without the uncertainty of a jury verdict.

Your attorney negotiates aggressively to get you the maximum settlement possible. They know the tactics insurance companies use and how to counter them effectively.

Prepare For Trial And Verdict

If settlement negotiations fail, your case goes to trial. This involves selecting a jury, presenting evidence, and making legal arguments before a judge.

Truck accident trials in Bakersfield can last several days depending on the complexity of the case. Your attorney presents evidence showing how the defendants were negligent and how their negligence caused your injuries.

The jury then decides whether the defendants are liable and how much money you should receive. Kern County juries have a reputation for being fair to injury victims.

Collect The Judgment Or Enforce Settlement

Once you win a settlement or verdict, the final step is collecting your money. Insurance companies typically pay within 30 days of reaching an agreement.

If payment gets delayed, your attorney can take legal action to force collection. This might include placing liens on the defendant’s property or garnishing bank accounts.

Your attorney also handles paying any medical liens from your settlement. This ensures healthcare providers get paid while maximizing what you keep.

Who You Can Sue In A Truck Accident Case

Truck accidents often involve multiple parties who share responsibility for the crash. Each party may carry separate insurance policies that can pay for your damages.

Bakersfield truck accident lawyers know how to identify every party that contributed to your accident. Suing multiple defendants increases your chances of getting full compensation.

The Truck Driver

Truck drivers can be held liable for negligent actions that cause crashes. Common examples of driver negligence include: 

Federal law limits how long truck drivers can work without rest. Violations of these Hours of Service rules provide strong evidence of negligence. Driver logbooks and electronic monitoring data can prove these violations.

Many truck drivers also operate under the influence of drugs or alcohol. Even prescription medications can impair driving ability and create liability.

The Motor Carrier Or Employer

Under the legal doctrine of  respondeat superior, trucking companies are vicariously liable for their drivers’ actions when those actions occur within the scope of employment. 

In addition to being liable for their drivers’ negligence, trucking companies can also be sued for their own direct negligence, including: 

Federal law requires trucking companies to carry minimum insurance coverage of $750,000 to $5 million. This provides substantial coverage for serious injury claims.

Cargo Loader Or Shipper

Improperly loaded cargo causes many truck accidents. When freight shifts during transit, it can make the truck unstable or cause the driver to lose control.

The company that loaded the truck may be liable if they:

Shipping documents called “bills of lading” show who was responsible for loading. These documents help prove liability when cargo issues cause crashes.

Maintenance Or Repair Contractors

Trucks require regular maintenance to operate safely. When critical systems like brakes or steering fail due to poor maintenance, the repair shop may be liable.

Federal regulations require detailed maintenance records. These records show whether proper inspections and repairs were performed on schedule.

Third-party maintenance companies can be sued separately from the trucking company. This provides another source of insurance coverage for your injuries.

Vehicle Or Parts Manufacturers

Sometimes truck accidents result from defective vehicle parts or design flaws. When this happens, you can sue the manufacturer under product liability laws.

Common defects that cause truck accidents include:

Product liability cases often involve multiple manufacturers. The truck maker, engine manufacturer, and parts suppliers may all share responsibility.

Government Entities For Dangerous Roads

Poorly maintained or designed roads contribute to many truck accidents. When government entities fail to maintain safe roads, they may be liable for resulting crashes.

Common dangerous conditions that can cause truck accidents include:

Suing government entities like the City of Bakersfield or Caltrans involves special rules and much shorter deadlines. You must file a government claim within six months of the accident.

Deadlines To Sue After A Truck Accident In California

California sets strict time limits for filing lawsuits after truck accidents—known as statutes of limitations—for filing truck accident lawsuits.  Missing these deadlines eliminates your right to seek compensation forever.

The specific deadline depends on who you’re suing and what type of damages you’re claiming. An auto accident attorney in Bakersfield can ensure you meet all applicable deadlines.

Two Years For Injury Claims

You have exactly two years from the date of the truck accident to file a lawsuit for personal injuries. This deadline applies to most truck accident cases in Bakersfield.

The two-year clock starts ticking on the day of the accident. It doesn’t matter when you discovered your injuries or when you finished medical treatment.

California Code of Civil Procedure Section 335.1 sets this deadline. Courts strictly enforce this rule and will dismiss cases filed even one day late.

Six Months For Government Claims

If a government entity like the City of Bakersfield or Caltrans shares responsibility for your accident, you face much shorter deadlines.

You must file a formal claim with the government entity within six months of the accident. This is required before you can file a lawsuit against any government defendant.

Government Code Section 911.2 sets this six-month deadline. The government entity then has 45 days to accept or reject your claim. Only after rejection can you file a lawsuit in court.

Three Years For Property Damage

The deadline to sue for damage to your vehicle or other property is three years from the accident date. This is separate from the deadline for personal injury claims.

Most people include property damage claims with their injury lawsuits. This avoids having to file separate cases with different deadlines.

Property damage includes your vehicle, personal belongings, and any other items damaged in the crash.

Special Rules For Minors

When a minor is injured in a truck accident, special rules apply to the statute of limitations. The deadline is “tolled,” or paused, until the child turns 19 years old. .

However, evidence still disappears over time. It’s important to contact a lawyer immediately to preserve evidence, even if the child has years to file a lawsuit.

Parents or guardians can file lawsuits on behalf of injured children. They don’t have to wait until the child becomes an adult.

Evidence That Proves A Truck Accident Lawsuit

Strong evidence wins truck accident cases. Much of this evidence disappears quickly without proper preservation. Your truck accident attorney in Bakersfield must act fast to secure crucial proof.

The trucking industry creates massive amounts of data that can prove negligence. But companies often destroy this evidence after short time periods to avoid liability.

Electronic Logging Device And Black Box Data

Modern trucks and commercial vehicles are equipped with electronic logging devices (ELDs) that track driver hours and vehicle performance. This data provides objective proof of what happened before and during the crash.

ELDs record:

Event data recorders (black boxes) capture the final seconds before impact. This data often proves exactly how the crash occurred and who was at fault.

This data can be overwritten if it isn’t preserved promptly.

Driver Logs And Dispatch Records

Federal Hours of Service regulations limit how long truck drivers can work without rest. Violations of these rules are strong evidence of negligence.

Paper logbooks and electronic records show:

Dispatch records from the trucking company often reveal pressure to violate these safety rules. Messages encouraging drivers to “make up time” or ignore rest requirements prove company negligence.

Maintenance And Inspection Files

Trucks must undergo regular inspections and maintenance to ensure safe operation. Federal regulations require detailed records of all maintenance work.

Key maintenance evidence includes:

Missing maintenance records or deferred repairs provide strong evidence of negligence. Companies that cut corners on maintenance to save money can be held liable for resulting accidents.

Camera Footage And Witness Statements

Video evidence from multiple sources can provide objective proof of how your accident occurred. Your attorney must act quickly to preserve this footage before it’s deleted.

Important video sources include:

Witness statements must be gathered immediately while memories are fresh. People often forget important details within days of an accident.

Scene Evidence And Expert Analysis

Physical evidence at the crash scene tells the story of what happened. This evidence must be documented before it’s cleaned up or weather destroys it.

Critical scene evidence includes:

Accident reconstruction experts analyze this evidence to create detailed reports. These experts can testify about vehicle speeds, impact forces, and driver actions based on physical evidence.

What Compensation You Can Recover

California law allows you to recover compensation for all losses caused by a truck accident. A Bakersfield truck accident lawyer fights to ensure you receive maximum compensation for every category of damages.

The compensation you can recover falls into several main categories. Each category addresses different types of losses you’ve suffered because of the accident.

Medical Bills And Future Care

You can recover the full cost of all medical treatment related to your truck accident injuries. This includes both bills you’ve already received and the estimated cost of future care.

Medical damages typically include:

For serious or catastrophic injuries, you may need ongoing medical care for years or even the rest of your life. Life care planners calculate these future costs to ensure you receive adequate compensation.

Lost Income And Earning Capacity

If your injuries prevented you from working, you can recover compensation for lost wages. This includes both time you’ve already missed and future income you won’t be able to earn.

Income damages include:

Vocational rehabilitation experts help calculate these losses. They consider your age, education, work history, and injury limitations to determine fair compensation.

Pain And Suffering

Pain and suffering compensates you for the physical pain and emotional distress caused by your injuries. This is often the largest component of a truck accident settlement.

California law doesn’t set fixed amounts for pain and suffering. Juries consider factors like:

Your attorney presents evidence of your pain through medical records, testimony from family members, and your own description of daily struggles.

Property Damage and Out-of-Pocket Costs

You’re entitled to compensation for all property damaged in the truck accident. This goes beyond just repairing or replacing your vehicle.

Property damage compensation includes:

Keep receipts for all out-of-pocket expenses related to the accident. These costs add up quickly and deserve compensation.

Punitive Damages In Egregious Cases

Punitive damages are awarded in rare cases where the defendant’s conduct was particularly reckless or intentional. These damages punish wrongdoers and deter similar behavior in the future.

Examples that might justify punitive damages include:

The legal standard for punitive damages is “clear and convincing evidence” of malice, oppression, or fraud. Your attorney must prove the defendant’s conduct went far beyond ordinary negligence.

How Comparative Fault Affects Your Recovery

California follows a pure comparative negligence rule for personal injury cases. This means you can still recover damages even if you were partially at fault for the accident.

Your percentage of fault directly reduces your compensation. For example, if you were 20% at fault and your total damages were $100,000, you would receive $80,000.

California Pure Comparative Negligence

Unlike some states that bar recovery if you’re more than 50% at fault, California allows recovery regardless of your fault percentage. Even if you were 90% at fault, you could still recover 10% of your damages.

The jury determines each party’s percentage of fault based on the evidence presented. Your attorney works to minimize your fault percentage and maximize the defendants’ responsibility.

Common factors that might reduce your recovery include speeding, following too closely, or failing to wear a seatbelt. However, these factors rarely eliminate your right to compensation entirely.

Insurance Tactics And Fault Shifting

Insurance companies routinely try to blame accident victims to reduce their payouts. They use sophisticated tactics to shift fault and minimize their liability.

Common insurance company strategies include:

Never give recorded statements to insurance companies without an attorney present. These statements are often used to blame you for the accident later.

Special Issues In Bakersfield Truck Cases

Bakersfield’s location at the intersection of major trucking routes creates unique legal considerations for truck accident cases. Understanding these local factors can strengthen your case.

The city sits at the convergence of Highway 99 and Interstate 5, two of California’s busiest truck corridors. This heavy truck traffic increases both accident risks and the complexity of resulting cases.

Highway 99 And Interstate 5 Crash Patterns

These major highways carry thousands of trucks daily through Bakersfield. The high volume creates specific accident patterns that experienced attorneys recognize.

Common crash scenarios include:

Local hazards like tule fog can reduce visibility to near zero during winter months. These conditions require extra caution from truck drivers and create additional liability when accidents occur.

Out-of-State Motor Carriers And MCS-90

Many trucks involved in Bakersfield accidents come from out-of-state companies. These interstate carriers must carry MCS-90 endorsements that guarantee minimum insurance coverage.

The MCS-90 endorsement provides additional protection for accident victims. Even if the trucking company’s regular insurance doesn’t cover your full damages, the MCS-90 ensures basic coverage is available.

This federal insurance requirement applies to all interstate trucking companies. Your attorney can access this coverage even when dealing with companies from other states.

Government Defendants And Venue

Dangerous road conditions on state highways like Highway 99 or Interstate 5 may make Caltrans a defendant in your case. Local road problems could involve the City of Bakersfield or Kern County.

When multiple defendants are located in different jurisdictions, venue rules determine where to file your lawsuit. Strategic venue selection can affect the outcome of your case.

Kern County juries tend to be fair to injury victims while understanding the realities of living in a trucking corridor. This local perspective can benefit your case when presented properly.

Costs Of Filing And How Contingency Fees Work

We understand you’re facing medical bills and lost income after a truck accident. That’s why Kuzyk Personal Injury & Car Accident Lawyers handles all truck accident cases on a contingency fee basis.

This means you pay nothing upfront to hire an experienced attorney. We only get paid if we successfully recover compensation for your case.

Filing Fees And Case Costs

Truck accident lawsuits involve various costs beyond attorney fees. These expenses can add up quickly, but we advance all costs for our clients.

Typical case costs include:

We pay all these costs upfront and only recover them if we win your case. If we don’t recover compensation for you, you owe nothing for case expenses.

No Fee Unless We Win

Our contingency fee arrangement means our interests align with yours. We only succeed financially when we successfully recover compensation for your injuries.

The contingency fee is a percentage of your recovery, and we will explain the exact rate and terms before you agree to representation. This percentage covers all attorney work on your case, from initial investigation through trial if necessary.

This arrangement allows injured people to hire experienced attorneys regardless of their financial situation. You don’t need money upfront to get quality legal representation against well-funded trucking companies.

Why Hire A Local Bakersfield Truck Accident Lawyer

Truck accident cases in Bakersfield require an attorney who understands local courts, judges, and trucking patterns. Our deep knowledge of Kern County gives our clients significant advantages.

We’ve handled truck accident cases in Bakersfield for decades. This experience teaches us which strategies work best with local juries and judges.

Knowledge Of Kern County Courts

Every courthouse has its own procedures and preferences. Judges in Kern County Superior Court have different styles and expectations than courts in other counties.

Our local knowledge includes:

This insider knowledge helps us present your case most effectively and avoid procedural mistakes that could hurt your claim.

Rapid Evidence Preservation And Experts

Time is critical in truck accident cases. Evidence disappears quickly, and witness memories fade within days of an accident.

Our local presence allows us to respond immediately:

This rapid response capability often makes the difference between winning and losing truck accident cases.

Bilingual Client Support

Bakersfield’s diverse population includes many Spanish-speaking residents. We provide full legal services in both English and Spanish to serve our entire community.

Our bilingual capabilities include:

This commitment to serving all Bakersfield residents reflects our deep community roots and dedication to equal access to justice.

Were You Injured In A Bakersfield Truck Accident

Don’t let trucking company insurance adjusters take advantage of you during this difficult time. You need experienced legal help to protect your rights and secure fair compensation.

Kuzyk Personal Injury & Car Accident Lawyers has been fighting for injury victims in Bakersfield and throughout Kern County for decades. We understand the physical, emotional, and financial challenges you’re facing after a serious truck accident.

Our team handles every aspect of your case while you focus on recovery. We investigate the accident, preserve crucial evidence, negotiate with insurance companies, and prepare for trial if necessary.

We work on a contingency fee basis, which means you pay nothing unless we win your case. Our experienced attorneys are available 24/7 to provide a free, no-pressure consultation about your legal rights.

Contact us today to get the help you deserve. Don’t wait—evidence disappears quickly, and you have limited time to protect your legal rights under California law.

Truck Accident Lawsuit FAQs

Should I File My Case In State Court Or Federal Court In Bakersfield?

Most truck accident lawsuits get filed in Kern County Superior Court in Bakersfield. However, cases involving out-of-state trucking companies or violations of federal trucking regulations might qualify for federal court in Fresno.

How Long Will My Truck Accident Lawsuit Take In Kern County?

Simple truck accident cases might settle within 12 to 18 months, while complex cases involving serious injuries typically take 18 to 24 months to resolve. Cases that go to trial can take even longer to reach final resolution.

What Happens If The Trucking Company Destroys Evidence After My Accident?

If a trucking company destroys or repairs evidence after receiving notice of your claim, the court can impose sanctions. This might include instructing the jury to assume the destroyed evidence would have proven the trucking company was at fault.

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