Truck Accident Law Glossary

Plain-language definitions of legal and regulatory terms used in California commercial truck accident cases: FMCSA, ELD, EDR, motor carrier, HOS, and more.

Federal Motor Carrier Safety Administration (FMCSA)

The Federal Motor Carrier Safety Administration is the U.S. Department of Transportation agency that...

Electronic Logging Device (ELD)

An electronic logging device is a tamper-resistant device mandated by FMCSA for most commercial moto...

Event Data Recorder (EDR)

An event data recorder, or 'black box,' is an electronic device in commercial vehicles that captures...

Motor Carrier

A motor carrier is a for-hire or private entity that operates commercial motor vehicles in interstat...

Hours of Service (HOS)

Hours-of-service regulations under FMCSA 49 CFR Part 395 limit the daily and weekly driving time of ...

Respondeat Superior

Respondeat superior is the legal doctrine that holds an employer vicariously liable for the negligen...

Statutory Employee (FMCSA)

Under FMCSA regulations, an owner-operator is deemed a statutory employee of the motor carrier for s...

Negligence Per Se

Negligence per se is a doctrine under which a defendant's violation of a statute or regulation satis...

Comparative Fault

California's pure comparative fault system from Li v. Yellow Cab Co. (1975) allocates liability prop...

Driver Qualification (DQ) File

A Driver Qualification file is the required documentation package that motor carriers must maintain ...

Cargo Securement

FMCSA cargo securement regulations under 49 CFR Part 393 Subpart I set minimum standards for securin...

Statute of Limitations

The statute of limitations is the legally mandated deadline for filing a civil lawsuit; missing the ...

Punitive Damages

Punitive damages under California Civil Code Section 3294 are an award beyond compensatory damages w...

Gross Vehicle Weight Rating (GVWR)

Gross Vehicle Weight Rating is the maximum operating weight of a vehicle as specified by the manufac...

Product Liability — Truck Components

Product liability is a legal doctrine that holds manufacturers, distributors, and sellers strictly l...

Wrongful Death

Wrongful death is a civil cause of action under California Code of Civil Procedure Section 377.60 br...

Life Care Plan

A life care plan is a comprehensive expert document projecting the lifetime medical costs of a catas...

Spoliation of Evidence

Spoliation is the destruction, alteration, or failure to preserve evidence that is known to be relev...

FMCSA Compliance, Safety, Accountability (CSA) Scores

FMCSA's CSA program assigns Behavior Analysis and Safety Improvement Categories (BASICs) scores to m...

Discovery

Discovery is the pre-trial phase of civil litigation during which parties exchange evidence through ...