Freight Accident Law Glossary

Plain-language definitions of legal and regulatory terms used in California freight and commercial truck accident cases.

FMCSA

The Federal Motor Carrier Safety Administration (FMCSA) is the U.S. Department of Transportation age...

Hours of Service (HOS)

Hours of service regulations under FMCSA 49 CFR Part 395 limit the number of hours a commercial truc...

Electronic Logging Device (ELD)

An electronic logging device (ELD) is a tamper-resistant device mandated by FMCSA for most commercia...

Event Data Recorder (EDR)

An event data recorder (EDR), also called a 'black box,' is an electronic device installed in commer...

Motor Carrier

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

Respondeat Superior

Respondeat superior is a legal doctrine holding an employer vicariously liable for the negligent act...

Negligence Per Se

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

Statutory Employee

Under FMCSA regulations, a statutory employee is an owner-operator who is deemed an employee of the ...

Comparative Fault

California's pure comparative fault system, established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804...

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 how loa...

Statute of Limitations

The statute of limitations is the legally mandated filing deadline for 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 (GVWR) is the maximum operating weight of a vehicle as specified by the ...

Commercial Driver's License (CDL)

A Commercial Driver's License (CDL) is a state-issued license required to operate commercial motor v...

Loss of Consortium

Loss of consortium is a damages claim by the spouse or domestic partner of a seriously injured perso...

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, concealment, alteration, or failure to preserve evidence that is know...

Expert Witness

An expert witness is a person with specialized knowledge, skill, experience, or training who is qual...

Discovery

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