Semi-Truck Collision
A semi-truck collision in California activates the FMCSA regulatory framework — $750,000 minimum insurance under 49 CFR Section 387.9, hours-of-service limits under Part 395, and ELD data th...
Semi-Truck Collision guide →Legal Information Notice
This page provides general legal information about child killed or injured by truck claims in California. It does not provide legal advice. Consult a licensed California attorney for guidance specific to your situation.
Child Killed or Injured by Truck in California: Overview
When a child is killed or seriously injured in a truck accident, California provides additional legal protections: the statute of limitations is tolled until the child reaches age 18 under CCP Section 352, court approval of any minor's settlement is required under Probate Code Section 3500, and disfigurement damages for facial injuries carry higher value given the child's remaining lifetime. Wrongful death claims require all eligible heirs to join a single action.
California commercial truck accident cases operate under a dual legal framework: FMCSA federal regulations that create specific duties and negligence per se theories; and California tort law governing damages, comparative fault (Li v. Yellow Cab Co., 1975), multi-defendant liability (Proposition 51), and the two-year statute of limitations (CCP Section 335.1). The combination of uncapped California damages and FMCSA-mandated commercial insurance makes truck accident cases substantially different from ordinary vehicle accident claims.
Who Is Liable After a Child Killed or Injured by Truck
Liability in child killed or injured by truck cases typically runs against multiple defendants simultaneously. The motor carrier bears vicarious liability under respondeat superior and direct negligence for FMCSA compliance failures. The truck driver bears personal liability. The truck owner, cargo shipper, maintenance company, and equipment manufacturers may each be named as additional defendants depending on the specific facts. California's pure comparative fault system allocates fault proportionally among all contributing parties.
Applicable FMCSA Regulations
The following FMCSA regulations are most commonly implicated in child killed or injured by truck cases. A violation of any applicable standard causally connected to the accident establishes negligence per se — satisfying the negligence element without further proof of unreasonable conduct.
- 49 CFR Part 395 — Hours of Service: 11-hour driving limit, 14-hour window, 30-minute break, 60/70-hour weekly limit
- 49 CFR Part 396 — Vehicle Inspection and Maintenance: pre-trip inspection, recordkeeping, out-of-service criteria
- 49 CFR Part 393 — Parts and Accessories: brake standards, tire requirements, cargo securement, lighting
- 49 CFR Part 391 — Driver Qualifications: CDL, medical certificate, drug testing, employment history
- 49 CFR Part 387 — Insurance: $750,000 minimum (general freight), $5,000,000 (hazmat)
- 49 CFR Part 382 — Drug and Alcohol Testing: pre-employment, random, post-accident testing
49 C.F.R. § 387.9 — Minimum Financial Responsibility
General freight carriers: $750,000 minimum liability insurance. Hazardous materials (listed substances): $5,000,000 minimum. These are federal minimums — most major carriers maintain substantially higher limits plus umbrella coverage.
Insurance Coverage in Child Killed or Injured by Truck Cases
FMCSA-regulated carriers must maintain minimum insurance of $750,000 for general freight or $5,000,000 for hazmat. In a serious child killed or injured by truck case, the full coverage stack includes the carrier's primary commercial auto policy, umbrella or excess coverage, the truck owner's policy if separate, and potentially the shipper's liability policy. All applicable policies must be identified and disclosed through the civil discovery process.
Damages Available After a Child Killed or Injured by Truck
California child killed or injured by truck victims can recover: all past and future medical expenses (no cap); lost wages and earning capacity; property damage; non-economic damages (pain, suffering, emotional distress, disfigurement, loss of enjoyment of life) — uncapped in California; and punitive damages under Civil Code Section 3294 for malice or conscious disregard. Commercial carrier insurance substantially exceeds personal auto policy limits, making full recovery more accessible in serious injury cases.
Statute of Limitations
Two years from the date of the accident under CCP Section 335.1. Government entity claims (Caltrans, public agency trucks): six months under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352. ELD and EDR data must be preserved through immediate written demand to the carrier — long before the statute expires.
Critical Evidence in Child Killed or Injured by Truck Cases
- ELD records — Hours-of-service compliance at the time of the accident; preserve through immediate written demand to the carrier
- Event data recorder (EDR) — Vehicle speed, braking, and throttle data in the seconds before impact; download before truck is repaired
- Driver qualification file — CDL, medical certificate, employment history, drug tests; establishes negligent hiring claims
- Vehicle maintenance records — Pre-trip inspection logs, repair orders; establishes carrier knowledge of pre-existing defects
- Dispatch records — Load assignment, delivery schedule, communications with driver; establishes HOS pressure and dispatching conduct
- FMCSA inspection history — Prior roadside citations from the FMCSA SAFER database; establishes carrier safety culture
- Post-accident drug/alcohol test results — Required by 49 CFR Part 382 for serious accidents; establish impairment
- Dashcam and surveillance footage — From the truck if equipped, and from nearby businesses or traffic cameras
Frequently Asked Questions — Child Killed or Injured by Truck
Is the statute of limitations different when a child is hit by a truck?
Yes. California Code of Civil Procedure Section 352 tolls the two-year statute of limitations while the plaintiff is a minor. A child hit by a truck at any age before 16 has until their 20th birthday to file a personal injury lawsuit. For wrongful death claims when a child is killed, the surviving parents' two-year deadline runs from the date of death regardless of minority status of any parent.
Does any settlement for a child injured in a truck accident require court approval?
Yes. California Probate Code Section 3500 requires court approval of all settlements of civil claims on behalf of a minor plaintiff. The court reviews the settlement to ensure it adequately protects the minor's interests. The petition must include a description of the injuries, all medical expenses, a damages calculation, and justification that the amount is fair and reasonable.
Why are disfigurement damages higher for children injured by trucks?
California's disfigurement damages compensate for the impact of permanent scarring or physical impairment on the victim's life. For children, visible scarring accompanies the child through their entire remaining life — typically 70 or more years. California juries award higher disfigurement damages for child victims than for adults with comparable injuries because the duration of the injury's impact on the victim's life is so much longer.
Can parents recover for emotional distress when their child is hit by a truck?
Yes, under the bystander emotional distress doctrine from Dillon v. Legg (1968) and Thing v. La Chusa (1989). Parents who were present at the scene and witnessed the truck accident injuring their child, and who suffer serious emotional distress as a result, may recover bystander emotional distress damages. The three elements are: close relationship to the victim, contemporaneous presence at the scene, and serious emotional distress beyond that expected of a disinterested witness.
What if a child darted into traffic and was hit by a truck?
California's pure comparative fault system applies to child truck accident victims. Children are held to a standard of care appropriate to their age, intelligence, and experience. Very young children (typically under 6-7) may be legally incapable of contributing comparative fault. An older child who ran into traffic unexpectedly may have their recovery reduced but not eliminated. The truck driver's obligation to maintain safe following distance and speed appropriate for conditions continues regardless of the victim's age.
How long do parents have to file after a child is killed by a truck?
Wrongful death claims by surviving parents: two years from the date of death under CCP Section 335.1. Personal injury claims for a surviving child: tolled until age 18 under CCP Section 352. The truck carrier's ELD, EDR, and maintenance records must be preserved through immediate written demand regardless of when the lawsuit is ultimately filed.
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