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Kern County 18-Wheeler Accident Attorneys: Attorney911 Led by Ralph Manginello’s 25+ Years of Multi-Million Dollar Verdicts Including $50+ Million Recovered for Families $5+ Million Brain Injury and $3.8+ Million Amputation Settlements Featuring Former Insurance Defense Attorney Lupe Peña Who Exposes Every Insurer Tactic From the Inside FMCSA 49 CFR Parts 390-399 Masters Specializing in Hours of Service Violations Black Box and ELD Data Extraction for Jackknife Rollover Underride Rear and Side Collision Brake Failure Tire Blowout Cargo Spill Hazmat and Fatigued Driver Crashes on I-5 Highway 99 and State Route 58 Catastrophic Injury Experts for TBI Spinal Cord Paralysis Amputation Severe Burns and Wrongful Death Nuclear Verdict Aware Pursuing Maximum Compensation and Punitive Damages Free Consultation 24/7 No Fee Unless We Win 1-888-ATTY-911 Hablamos Español Federal Court Admitted Since 1998 The Firm Insurers Fear 4.9 Star Google Rating Legal Emergency Lawyers Featured ABC13 KHOU KPRC Houston Chronicle Trae Tha Truth Recommended Rapid Response Team Same-Day Spoliation Letters Evidence Preservation Oil Field and Agricultural Trucking Specialists Understanding California Comparative Negligence and Kern County Juries

February 21, 2026 28 min read
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18-Wheeler Accident Lawyers in Kern County, California

When 80,000 Pounds Changes Your Life on Kern County Highways

One moment you’re driving through the San Joaquin Valley on I-5, navigating through morning fog or summer heat. The next, an 80,000-pound semi-truck is jackknifing across the interstate, or a loaded agricultural trailer is blowing past a stop sign on Highway 99. In Kern County, where the Central Valley meets the Tehachapi Mountains, these aren’t hypothetical scenarios—they’re daily realities for drivers who share the road with some of California’s busiest trucking corridors.

If you’ve been hurt in an 18-wheeler accident anywhere in Kern County—from Bakersfield to Delano, from the Tejon Pass to Taft—you’re facing more than physical recovery. You’re staring down aggressive trucking companies, complex federal regulations, and insurance adjusters whose sole mission is to minimize what they pay you. You need a fighter who understands how these cases work, and you need one immediately.

At Attorney911, we’ve spent over 25 years holding trucking companies accountable. Ralph Manginello, our managing partner, has recovered multi-million dollar settlements for catastrophic injury victims, and our team includes a former insurance defense attorney who knows exactly how commercial insurers try to deny legitimate claims. We don’t just handle trucking cases—we win them. And we’re ready to fight for you.

Call 1-888-ATTY-911 now for a free consultation. We’re available 24/7, and we serve truck accident victims throughout Kern County and California.

Why Kern County’s Roads Are Particularly Dangerous for Truck Accidents

Kern County sits at a geographic and economic crossroads between massive agricultural operations, sprawling oil fields, and the mountain passes connecting Northern and Southern California. This unique combination creates perfect conditions for catastrophic trucking accidents.

The Agricultural and Oilfield Traffic Burden

When you drive through Kern County, you’re sharing the road with trucks hauling commodities from one of California’s most productive agricultural regions. Almonds, grapes, citrus, and dairy products move constantly from farms to processing facilities and distribution centers. Meanwhile, the Kern River Oil Field and surrounding petroleum operations generate thousands of heavy equipment moves and tanker truck runs daily.

This isn’t light traffic. During harvest season, the routes through Arvin, Shafter, and Delano see a massive spike in truck volume. These agricultural trucks often carry irregular loads—heavy equipment, liquid tanks, or bulk produce—that shift easily and require specialized securing under federal regulations. When truck drivers or loading companies cut corners to meet harvest deadlines, accidents happen.

The Mountain Grade Dangers

If you’ve driven the Grapevine on I-5 or State Route 58 through Tehachapi Pass, you know these aren’t gentle inclines. The descent from the Tejon Pass down toward Los Angeles County includes grades up to 6% for miles. The Tehachapi Pass on Highway 58 requires trucks to navigate steep elevations and sharp curves with heavy loads.

These grades kill brakes. A fully loaded 18-wheeler can overheat its brake system on a single descent, leading to runaway truck scenarios that end in catastrophic pileups. If a driver or trucking company fails to properly inspect brakes or use runaway truck ramps, innocent people in Kern County pay the price.

The Fog and Heat Factors

Kern County’s climate creates two distinct trucking hazards. The winter brings Tule fog—thick, ground-hugging cloud banks that can reduce visibility to near zero on State Route 99 and I-5. When truck drivers fail to slow down for fog conditions or maintain proper following distances, they create deadly pileups.

In summer, temperatures regularly exceed 105°F in the Central Valley. Extreme heat causes tire blowouts on overloaded trailers and forces drivers to choose between running their engines for air conditioning (violating idle restrictions) or risking heat-related fatigue. Both scenarios lead to accidents.

Types of 18-Wheeler Accidents We See in Kern County

We’ve handled virtually every type of truck accident imaginable across Kern County’s highways and agricultural roads. Here’s how these accidents happen—and why they require immediate legal action.

Jackknife Accidents on Interstate 5

The Grapevine section of I-5 sees dozens of jackknife accidents annually when truck drivers lose control and their trailers swing perpendicular to their cabs. These accidents usually trace back to one of three causes: driving too fast for wet or foggy conditions, suddenly braking on a downhill grade, or carrying an empty or unbalanced trailer that has less traction.

Under 49 CFR § 392.6, drivers must operate at speeds appropriate for conditions. When a trucker ignores fog warnings or drives 65 mph down the Tejon Pass in the rain, they’re violating federal safety regulations. We subpoena Electronic Control Module (ECM) data to prove exactly how fast they were going when they lost control.

Rollover Accidents on Steep Grades

The winding passes through the Tehachapi Mountains are rollover hotspots. A truck carrying liquid cargo—whether oil from a local field or agricultural chemicals—faces additional danger from the “slosh effect” when the liquid shifts during turns. Improperly secured loads can shift the center of gravity, causing the trailer to tip on curves.

Federal cargo securement rules under 49 CFR § 393.100-136 require specific tiedown strengths and blocking procedures. When we investigate a rollover on Highway 58 or Highway 223, we immediately examine whether the cargo owner or loading company violated these regulations. As client Glenda Walker told us after we handled her case, “They fought for me to get every dime I deserved”—and that meant tracking down every party responsible, not just the driver.

Underride Collisions

Some of the most devastating accidents in Kern County occur when smaller vehicles slide underneath trailers during sudden stops or fog-related pileups. Despite federal requirements for rear impact guards under 49 CFR § 393.86, many trailers either lack adequate guards or have guards that fail in moderate-speed collisions.

We recently reviewed a case where a family vehicle slid under a trailer on State Route 99 near Bakersfield during a fog event. The trailer’s rear guard had been damaged months prior and never repaired. Under California law, which recognizes pure comparative fault (meaning you can recover damages even if partially at fault), we pursued the maintenance company for negligent upkeep, not just the driver.

Rear-End Collisions on State Route 99

Highway 99 runs through the heart of Kern County as a major agricultural freight corridor, but it’s also notorious for sudden stops as trucks slow for exits and weigh stations. A fully loaded truck traveling at 55 mph needs approximately 500 feet to stop—roughly the length of a football field and a half.

When a truck driver is following too closely under 49 CFR § 392.11, distracted by a cell phone (violating 49 CFR § 392.82), or driving fatigued beyond the 11-hour limit (49 CFR § 395.3), rear-end crashes become inevitable. We extract Engine Control Module (ECM) data showing brake application timing and throttle position to prove the driver wasn’t paying attention.

Wide Turn Accidents in Agricultural Areas

Drive through rural Kern County near farms in McFarland or Earlimart, and you’ll see 18-wheelers attempting tight right turns onto narrow county roads. These “wide turn” or “squeeze play” accidents happen when trucks swing left before turning right, crushing vehicles that entered the temporary gap.

These accidents often involve local agricultural trucking operations that may not follow the same safety protocols as major carriers. We investigate whether the driver received proper training on wide turn techniques and whether the trucking company maintained adequate liability insurance—California requires $750,000 minimum for general freight, but many agricultural haulers carry only the minimum.

Brake Failure Accidents on Descents

The runaway truck ramps on the Grapevine and Tehachapi Pass aren’t there for decoration. They’re emergency safety valves for trucks that have lost braking capacity on long descents. When we investigate a brake failure crash in Kern County, we immediately demand maintenance records under 49 CFR § 396.3.

Federal law requires systematic inspection and repair of commercial vehicle brake systems. If a Kern County trucking company deferred brake maintenance to save costs, or if a driver skipped the required pre-trip inspection (49 CFR § 396.13), we use those violations to establish negligence and pursue punitive damages.

Tire Blowouts in Extreme Heat

Kern County summers regularly produce pavement temperatures exceeding 140°F. Combined with overweight agricultural loads and underinflated tires, you get blowouts that send 18-wheelers careening across lanes or dropping debris that causes secondary accidents.

Federal regulations under 49 CFR § 393.75 mandate minimum tread depths and prohibit the operation of commercial vehicles with damaged tires. We recently secured a significant settlement for a client whose vehicle was struck by tire debris from an overloaded agricultural trailer on Highway 46. The trucking company had ignored multiple driver reports about tire condition because they were rushing to meet a harvest deadline.

Cargo Spills and Hazardous Materials

With the mix of agricultural chemicals, petroleum products, and general freight moving through Kern County, cargo spills create unique dangers. The 49 CFR § 393.100-136 cargo securement rules apply with special force to liquid cargo, which requires specific tank baffles and securement to prevent surge.

When a tanker rolls on Highway 58 or a flatbed drops equipment on State Route 99, we investigate whether the shipper properly declared the load weight, whether the driver exceeded Hours of Service limits while hauling hazardous materials, and whether the loading company used adequate tiedowns. Federal law requires cargo to withstand 0.8g forward deceleration forces—if it shifted during a routine stop, someone violated the regulations.

Head-On Collisions

The two-lane highways connecting Kern County’s rural communities see head-on crashes when fatigued drivers drift across center lines or attempt unsafe passing maneuvers around slow-moving agricultural equipment. These accidents are almost always fatal for occupants of passenger vehicles.

Driver fatigue violates 49 CFR § 392.3, which prohibits operating a commercial vehicle while ability or alertness is impaired. When we handle a head-on collision case in Kern County, we pull the driver’s Electronic Logging Device (ELD) records to check for Hours of Service violations. These records are only preserved for six months under federal regulations, which is why we send spoliation letters immediately to prevent destruction of evidence.

Every Party Who Can Be Held Liable in Kern County Trucking Cases

Most law firms look at a truck accident and see one defendant: the driver. We look deeper. In Kern County’s complex trucking environment, multiple parties often share responsibility for catastrophic accidents.

The Truck Driver

The driver who caused your accident may be personally liable for negligence—speeding, distracted driving, fatigued operation, or impaired driving. But individual drivers rarely have sufficient assets or insurance to cover catastrophic injuries. That’s why we investigate whether they were an employee or an independent contractor, as this determines whether the trucking company shares vicarious liability.

The Trucking Company or Motor Carrier

Under California’s doctrine of respondeat superior, employers are liable for their employees’ negligence committed within the scope of employment. But trucking companies can also face direct liability for:

  • Negligent hiring: Failing to verify a driver’s Commercial Driver’s License (CDL) status or check their safety record through the Drug and Alcohol Clearinghouse
  • Negligent training: Skipping required Entry-Level Driver Training (49 CFR § 380) or failing to teach mountain driving techniques for Kern County’s steep grades
  • Negligent supervision: Ignoring ELD alerts showing Hours of Service violations
  • Negligent maintenance: Failing to repair known brake or tire defects

We demand the Driver Qualification File (49 CFR § 391.51) for every driver involved, which must include employment applications, background checks, medical certifications, and drug test results. Missing or incomplete files prove the company cut corners on safety.

The Cargo Owner or Shipper

Kern County’s agricultural operations often hire trucking companies to move produce or equipment. When these shippers specify delivery deadlines that force drivers to violate Hours of Service regulations, or when they fail to disclose that a load contains hazardous materials requiring special handling, they may share liability.

The Loading Company

Many Kern County accidents involve improperly secured agricultural loads. When we investigate a cargo shift accident, we identify whether the farmer, a third-party loader, or the driver was responsible for securing the load. Federal regulations specify aggregate working load limits for tiedowns—if they used inadequate straps or failed to block cargo adequately, they’re liable for the resulting rollover or spill.

Truck and Trailer Manufacturers

Defective brake systems, improperly designed trailer connections, or fuel tank placements that increase fire risk can support product liability claims against manufacturers. Given the extreme heat and mountain grades in Kern County, equipment that might suffice in flat, cool regions may be dangerously inadequate here.

Parts Manufacturers

Defective tires that blow out in Kern County’s 110°F heat, faulty brake components that fail under mountain descents, or defective steering mechanisms that cause loss of control all trigger strict product liability claims against the component manufacturers.

Maintenance Companies

Third-party mechanics who service Kern County trucking fleets must maintain records showing they properly inspected and repaired brake systems, tires, and lighting. If a maintenance company cleared a truck with worn brakes that failed on the Grapevine descent, they share responsibility for the resulting crash.

Freight Brokers

Companies that arrange transportation for Kern County agricultural products but don’t own trucks must exercise reasonable care in selecting carriers. If a broker chose a carrier with a history of Hours of Service violations or inadequate insurance to save money, they may face liability for negligent selection.

Government Entities

When dangerous road design contributes to accidents—such as inadequate signage on steep grades, failure to maintain fog warning systems on State Route 99, or poor lighting at highway junctions—we pursue claims against state or county road authorities. California’s Government Claims Act requires filing within six months, so time is critical in these cases.

Federal Trucking Regulations That Protect Kern County Drivers

The Federal Motor Carrier Safety Administration (FMCSA) regulations, codified in Title 49 of the Code of Federal Regulations, create minimum safety standards for commercial vehicles nationwide. Violations of these rules constitute negligence per se in California courts.

Hours of Service (49 CFR Part 395)

The most commonly violated regulations in Kern County truck accidents involve driver fatigue. Property-carrying drivers may not drive more than 11 hours after 10 consecutive hours off duty, and they may not drive beyond the 14th consecutive hour on duty (49 CFR § 395.3). They must also take a 30-minute break after 8 cumulative hours of driving.

Electronic Logging Devices (ELDs) have been mandatory since December 2017 (49 CFR § 395.8). These devices automatically record driving time and synchronize with the engine to prevent tampering. The data shows exactly when a driver was moving through Kern County, when they stopped, and whether they exceeded legal limits.

Critical for Kern County victims: ELD data can be overwritten or lost within months. We send spoliation letters immediately to preserve this evidence.

Driver Qualification (49 CFR Part 391)

Before a driver can operate a commercial vehicle, the trucking company must verify they are medically qualified, hold a valid CDL, and have no disqualifying criminal or traffic history. The Driver Qualification File (49 CFR § 391.51) must include:

  • Employment application and background check
  • Medical examiner’s certificate (valid for maximum 2 years)
  • Road test certificate or equivalent
  • Previous employer inquiries for 3-year history

When we handle a Kern County truck accident, we subpoena these files to check for negligent hiring. If the company put a driver with a history of DUIs or a revoked medical certificate behind the wheel of an 80,000-pound vehicle, that’s evidence of gross negligence supporting punitive damages.

Vehicle Safety and Cargo Securement (49 CFR Parts 393-396)

Part 393 establishes equipment standards for brakes, tires, lighting, and cargo securement. For example:

  • Tires must have minimum tread depth of 4/32″ on steer tires (49 CFR § 393.75)
  • Cargo must be secured to withstand 0.8g forward deceleration forces (49 CFR § 393.102)
  • Rear impact guards must meet specific strength standards (49 CFR § 393.86)

Part 396 requires systematic inspection, repair, and maintenance. Drivers must conduct pre-trip inspections (49 CFR § 396.13) and submit written reports on vehicle condition (49 CFR § 396.11). Maintenance records must be retained for one year (49 CFR § 396.3).

These regulations matter intensely in Kern County, where extreme heat degrades tires and steep grades destroy brakes. When a trucking company operates in this environment without rigorous maintenance, they’re gambling with public safety.

Drug and Alcohol Testing (49 CFR Part 382)

Commercial drivers are prohibited from using alcohol within 4 hours of duty or operating with a BAC of 0.04% or higher (49 CFR § 392.5). Post-accident testing is required for accidents involving fatalities or when the truck driver receives a citation.

We immediately demand drug and alcohol test results, as these can disappear or be legally destroyed if not requested promptly.

The 48-Hour Evidence Preservation Protocol

Evidence in trucking cases disappears fast—faster than in typical car accidents. Trucking companies have rapid-response teams and attorneys on retainer who arrive at Kern County accident scenes while the wreckage is still smoking. They’re not there to help you. They’re there to protect the company’s interests.

What’s At Risk

Evidence Type Destruction Risk
ELD Data Overwritten within months; some carriers purge monthly
ECM/Black Box Data Overwritten with new driving events or after 30 days
Dashcam Footage Deleted within 7-14 days routinely
Driver Qualification Files Incomplete or “lost” if not immediately demanded
Maintenance Records Altered or backdated to hide deferred repairs
Drug/Alcohol Tests Legally destroyable if not requested promptly

What We Do Immediately

When you call 1-888-ATTY-911 within hours of a Kern County truck accident, we:

  1. Send Spoliation Letters to the trucking company, their insurer, and all potentially liable parties, putting them on notice that destroying evidence constitutes spoliation subject to court sanctions.

  2. Subpoena ELD and ECM Data before it can be overwritten, capturing speed, braking application, GPS location, and Hours of Service violations.

  3. Preserve the Physical Truck to inspect brake systems, tires, and underride guards before repairs.

  4. Document the Scene through independent accident reconstructionists who photograph evidence before highway crews clear the wreckage.

  5. Interview Witnesses before memories fade or trucking company representatives reach them.

As client Chad Harris said about our approach, “You are NOT just some client… You are FAMILY to them.” That family treatment includes aggressive evidence preservation to protect your rights.

Why California’s Statute of Limitations Makes Speed Essential

Under California law, you have two years from the date of the accident to file a personal injury lawsuit (Section C.3). But waiting even weeks can destroy your case. If that ECM data showing the driver was speeding through the Grapevine gets overwritten, or if that maintenance record showing the company knew about bad brakes disappears, your ability to prove negligence vanishes with it.

We don’t wait. Neither should you.

Catastrophic Injuries Require Catastrophic Compensation

The physics of an 80,000-pound truck hitting a 4,000-pound passenger vehicle at highway speed on I-5 or State Route 99 creates catastrophic, life-altering injuries. We have recovered multi-million dollar settlements for Kern County victims suffering from:

Traumatic Brain Injuries (TBI)

Even “mild” TBIs can cause permanent cognitive deficits, personality changes, and inability to work. Severe TBIs may require 24/7 care for life. Our settlement range for TBI cases runs from $1.5 million to $9.8 million, depending on severity and long-term prognosis.

Symptoms include headaches, memory loss, confusion, mood swings, and sensory disturbances. We work with neurologists and neuropsychologists to document the full extent of brain damage, ensuring compensation covers not just immediate medical bills but lifetime care needs.

Spinal Cord Injuries and Paralysis

The impact forces in Kern County truck accidents frequently cause spinal cord compression, herniated discs, or fractures leading to paraplegia or quadriplegia. These injuries destroy careers, require home modifications, and necessitate ongoing medical care costing $4.7 million to $25.8 million over a lifetime.

We calculate future medical costs, lost earning capacity, and non-economic damages for loss of enjoyment of life to ensure settlement offers reflect the true cost of paralysis.

Amputations

When an 18-wheeler overrides a smaller vehicle or when crushing injuries require surgical amputation, victims face a lifetime of prosthetics, rehabilitation, and limitations. We’ve recovered settlements ranging from $1.9 million to $8.6 million for amputation cases, covering prosthetic limbs (which need replacement every few years), home modifications, and vocational retraining.

Severe Burns

Fuel fires from ruptured tanks or hazmat spills along Kern County highways cause thermal and chemical burns requiring skin grafts, reconstruction, and psychological treatment for disfigurement trauma.

Wrongful Death

When a trucking company’s negligence kills a loved one on a Kern County highway, surviving family members have two years under California law to bring wrongful death claims. We pursue damages for lost financial support, loss of companionship, and funeral expenses, with settlements ranging from $1.9 million to $9.5 million depending on the decedent’s age, earning capacity, and dependents.

Insurance Coverage: Why Trucking Cases Are Different

Unlike car accidents where the at-fault driver might carry only California’s minimum $15,000/$30,000 liability coverage, federal law mandates much higher minimums for commercial trucks:

Cargo Type Federal Minimum Coverage
Non-hazardous freight $750,000
Oil/petroleum products $1,000,000
Hazardous materials $5,000,000

Many Kern County trucking companies carry $1-5 million in coverage, with excess policies providing additional millions. But accessing these funds requires proving liability under federal regulations—a task beyond the scope of general practice attorneys.

California’s Pure Comparative Fault Rule

California follows pure comparative fault (Section C.4), meaning you can recover damages even if you were partially at fault, reduced by your percentage of responsibility. If you were 20% at fault for an accident on Highway 99, you can still recover 80% of your damages from the trucking company.

This rule matters in Kern County, where fog or sudden stops might contribute to multi-vehicle pileups. The trucking company will try to blame you—we use ECM data and FMCSA violations to prove their driver was primarily responsible.

Why Choose Attorney911 for Your Kern County Truck Accident

Deep Experience with Federal Trucking Law

Ralph Manginello has been fighting for injury victims since 1998. With admission to the U.S. District Court for the Southern District of Texas and experience in complex litigation including the BP Texas City Refinery explosion (which involved $2.1 billion in industry settlements), he understands how to handle cases against well-funded corporate defendants.

Insider Knowledge of Insurance Defense

Our associate attorney Lupe Peña spent years working for a national insurance defense firm before joining Attorney911. He knows exactly how commercial trucking insurers evaluate claims, train adjusters to minimize payouts, and use algorithms to undervalue suffering. Now he uses that insider knowledge to fight for victims—your advantage against the trucking company’s lawyers.

Multi-Million Dollar Results

We’ve recovered over $50 million for clients across our practice areas, including:

  • $5+ million for a traumatic brain injury victim struck by a falling log
  • $3.8+ million for a client who suffered partial leg amputation after a car accident
  • $2.5+ million for a truck crash victim
  • $2+ million for a maritime worker with back injuries

Federal Court Capabilities

Because trucking accidents often involve interstate commerce and FMCSA regulations, they can be filed in federal court. Ralph Manginello’s federal court admission means we can pursue your case in whichever forum offers the best advantage for Kern County residents.

Spanish-Language Representation

Kern County has a significant Spanish-speaking population, particularly in agricultural communities. Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español. Llame al 1-888-ATTY-911.

Three Office Locations Serving California

With offices in Houston, Austin, and Beaumont, Texas, we have the resources to handle complex trucking cases nationwide. For Kern County clients, we offer remote consultations and travel to California when necessary to investigate accidents and depose witnesses.

No Fee Unless We Win

We work on contingency: 33.33% pre-trial, 40% if trial is necessary. You pay nothing upfront. We advance all investigation costs, including accident reconstruction and expert witnesses. You owe us nothing unless we recover compensation for you.

As Donald Wilcox, one of our clients, said: “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.” We take the cases other firms reject—and we win them.

Step-by-Step: What Happens After You Call 1-888-ATTY-911

Immediate Response (0-24 hours)

  • We answer your call 24/7—no waiting for business hours
  • We send spoliation letters to preserve ELD, ECM, and maintenance records
  • We notify insurance companies that you’re represented (they must communicate through us)

Investigation Phase (Days 1-30)

  • We obtain the police report from the Kern County Sheriff or California Highway Patrol
  • We subpoena the Driver Qualification File and Hours of Service records
  • We hire accident reconstructionists to analyze the scene while physical evidence remains
  • We interview witnesses before memories fade
  • We document your injuries and medical treatment

Demand and Negotiation (Months 2-6)

  • We calculate total damages including future medical care and lost earning capacity
  • We submit comprehensive demand packages to all insurance carriers
  • We reject lowball offers and negotiate aggressively
  • We prepare every case for trial to maximize settlement leverage

Litigation (If Necessary)

If the trucking company refuses fair compensation, we file suit in federal or California state court. We depose the driver, safety managers, and maintenance personnel. We use FMCSA violations to prove negligence. And we take the case to trial if that’s what justice requires.

Most cases settle, but the trucking company needs to know you’re willing to go to court. Our reputation for trial readiness gets better settlement offers.

Frequently Asked Questions About Kern County Truck Accidents

How long do I have to file a lawsuit after a truck accident in Kern County?

Under California law, you have two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the clock starts running on the date of death. However, if a government entity is involved (such as Caltrans for dangerous road conditions), you must file a government claim within six months. Don’t wait—evidence disappears while the statute ticks.

What if I was partially at fault for the accident?

California follows pure comparative fault. You can recover damages reduced by your percentage of fault, even if you were 99% responsible. Were you driving slightly over the speed limit when a truck ran a red light on White Lane? You might be 10% at fault, but you can still recover 90% of your damages.

Will my case go to trial?

Probably not—but we prepare every case as if it will. About 98% of personal injury cases settle out of court. However, insurance companies lowball victims who hire “settlement mills” that never try cases. Because trucking companies know we’re prepared for trial, they offer our clients more to avoid court.

How much is my case worth?

That depends on injury severity, medical costs, lost wages, pain and suffering, available insurance coverage, and the degree of negligence. Trucking accidents involving catastrophic injuries often settle for $1 million to $5 million or more. We can’t promise specific results, but we can promise we’ll fight for every dollar you’re owed—as Glenda Walker said, “They fought for me to get every dime I deserved.”

Can I afford an attorney?

Yes. We charge no upfront fees. We work on contingency—you pay nothing unless we win. Our fee comes from the settlement, not your pocket. Plus, we advance all costs for experts and investigation.

What if the truck driver was an independent contractor?

Trucking companies often try to avoid liability by claiming drivers are independent contractors. However, under California’s ABC test and federal transportation law, many “independent” drivers are actually employees entitled to workers’ compensation and creating vicarious liability for the company. We analyze the economic realities of the relationship to pierce the contractor defense.

How do I get medical treatment if I don’t have insurance?

We can arrange treatment with medical providers who accept liens—meaning they get paid when your case settles. We also help Kern County clients understand Medi-Cal and Medicare options for immediate care.

Do you handle cases where the trucking company is from out of state?

Yes. Interstate trucking cases often involve companies based in Texas, Arizona, or Nevada hauling goods through Kern County. We have the federal court experience to handle jurisdiction issues and pursue these companies regardless of where they’re headquartered.

What happens to the truck driver’s CDL after an accident?

Serious accidents trigger FMCSA review. If the driver violated Hours of Service, had a positive drug test, or committed serious traffic violations, they face CDL suspension or disqualification. We use their driving record to prove the trucking company should have known they were dangerous.

Hablamos Español. ¿Puedo hablar con un abogado en español?

Sí. Nuestro abogado Lupe Peña habla español fluentemente. Llame al 1-888-ATTY-911 para una consulta gratis en español.

Kern County Truck Accident Hotspots and Safety Information

While truck accidents can happen anywhere in Kern County, certain corridors see disproportionate crashes:

  • Interstate 5 (Grapevine): Runaway truck ramps are frequently used; brake failures and fog-related pileups common
  • State Route 99 (Golden State Highway): Heavy agricultural traffic through Bakersfield, Delano, and McFarland; rear-end collisions at peak hours
  • State Route 58 (Tehachapi Pass): Steep grades and curves cause rollover and jackknife accidents
  • Highway 46: Connects I-5 to SR-99; heavy truck volume and cross-traffic
  • Highway 223: Oil field traffic between Bakersfield and Taft

If you regularly drive these routes, stay alert for erratic truck behavior, maintain safe following distances, and never drive alongside a truck’s blind spots.

Call Now—Evidence Is Disappearing

The trucking company that hit you has already called their lawyers. Their insurance adjuster is already reviewing ways to minimize your claim. Their safety manager is already checking whether they can legally destroy those ELD records showing the driver was over his hours.

Every hour you wait, evidence fades. Witnesses forget. Black box data gets overwritten. And the trucking company gets further ahead.

Don’t let them win. Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free, confidential consultation. We serve truck accident victims throughout Kern County, from Bakersfield to the Tehachapi Mountains, and we’re ready to fight for you.

Hablamos Español. Llame ahora al 1-888-ATTY-911.

Your family’s future depends on what you do next. Make the call that puts 25 years of trucking litigation experience on your side. We’re ready when you are.

Attorney911 / The Manginello Law Firm, PLLC
Managing Partner: Ralph P. Manginello
Available 24/7 for Legal Emergencies

Disclaimer: Results vary based on facts and law. Past results don’t guarantee future outcomes. This content is for educational purposes and does not constitute legal advice. Consult an attorney immediately regarding your specific situation.

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