Who may be responsible after a truck crash?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalThe driver or the business they work for may be at fault. Other parties may be involved too. A truck’s size alone does not prove who caused the crash.
In this guide
Here’s an example
A truck driver makes an unsafe turn while making a delivery. A cyclist gets hurt.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
A work-related crash can involve more records than a private-car crash. Driver duties and the employer’s role may be separate issues. Proof of who did what helps identify the right claims.
Legal references: [1] California Civil Code § 1714 — Responsibility for harm · [2] Civil Code § 2338 — Responsibility for an agent’s conduct
What can change the answer?
The truck’s upkeep, load, and work records may matter. A business is not at fault just because its name is on the truck.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Cabral v. Ralphs Grocery Co.
Supreme Court of California · 2011
51 Cal.4th 764, slip op., pp. 1–3
The court rejected a broad no-duty rule for a truck stopped beside a freeway. Drivers still had to use ordinary care.
It did not hold that every roadside stop is careless. The facts matter when deciding breach and cause.
Perez v. Van Groningen & Sons, Inc.
Supreme Court of California · 1986
41 Cal.3d 962, pp. 967–970
A worker could still be doing the employer’s work despite breaking a rule against giving a ride.
This does not make every personal trip a work trip. Scope of employment depends on the work and facts.
Case applicability reviewed as recorded above.
A useful next step
Save the company name and truck number. Ask about steps to keep truck and business records from being lost.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- California Civil Code § 1714 — Responsibility for harm ↗Statute · Review recorded above
- Civil Code § 2338 — Responsibility for an agent’s conduct ↗Statute · Review recorded above
- Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764 ↗Case law · Review recorded above
- Perez v. Van Groningen & Sons, Inc. (1986) 41 Cal.3d 962 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.