Truck Accident Filing Deadline in California
In California, the statute of limitations for a truck accident is typically two years for personal injury claims and three years for property damage. If a government entity is involved, the deadline shrinks to just six months—a timeline many victims don’t realize until it’s too late.
The consequences of a truck accident can be overwhelming. Medical bills pile up, lost wages create financial stress, and dealing with insurance companies feels like an uphill battle. But waiting too long to take action can cost you everything. If you miss the filing deadline, you forfeit your right to compensation—no exceptions.
Trucking companies and insurers count on victims to delay their claims. The longer you wait, the harder it becomes to gather critical evidence like trucking logs, surveillance footage, and witness statements. Every day that passes makes it easier for them to escape liability.
Don’t let trucking companies and insurers take advantage of you—our California truck accident lawyer is ready to fight for the compensation you deserve.
California’s Statute of Limitations for Truck Accidents
If you’ve been injured in a truck accident, time is not on your side. California law sets strict deadlines for filing claims, and missing them can mean losing your right to compensation. Whether you’re seeking damages for personal injury, property loss, or wrongful death, knowing these deadlines is critical.
The table below outlines key filing deadlines based on case type, including exceptions that may extend your time to file.
| Event | Time Limit to File | Key Details |
|---|---|---|
| Date of the Truck Accident | Immediately | Document the accident, take photos, and gather witness information. |
| Seek Medical Attention | As soon as possible | Medical records establish injury severity and are vital for your claim. |
| Obtain a Police Report | Within a few days | Request a copy of the police report for evidence in your case. |
| Personal Injury Lawsuit Deadline | 2 years from accident date | Injured victims must file within this window to seek compensation. |
| Property Damage Lawsuit Deadline | 3 years from accident date | Covers vehicle repairs or replacement costs. |
| Wrongful Death Lawsuit Deadline | 2 years from date of death | Families can file for compensation if a loved one dies from the accident. |
| Government Truck Involvement? | 6 months to file a claim | If a city, county, or state-owned truck is involved, strict deadlines apply. |
| Deadline Extensions Possible? | Yes, in some cases | Minors, incapacitated victims, or delayed injury discovery may extend limits. |
💡 Missing the statute of limitations means losing your right to compensation. Act fast to protect your claim.
📌Need more details on filing deadlines? Visit the California Courts website for official state guidelines.
Exceptions That Can Extend the Filing Deadline
California law allows for tolling of the statute of limitations, meaning certain situations can extend the standard filing deadlines for truck accident claims. If you’ve been injured in a truck accident, our truck accident lawyer in San Bernardino will help you take legal action before deadlines expire. Below are key exceptions that may grant injured victims more time to file.
Delayed injury discovery – Some injuries, like traumatic brain injuries or internal bleeding, may not be immediately apparent. If a victim discovers their injuries later, the deadline may be extended to account for the delayed diagnosis.
Minors involved – If the injured party was under 18 at the time of the accident, the statute of limitations typically does not begin until they turn 18. This means a minor involved in a truck accident may have additional time to file a claim once they reach adulthood.
Defendant leaving the state – If the at-fault truck driver or trucking company leaves California after the accident, the clock may pause until they return. This prevents defendants from avoiding liability by moving out of state before a lawsuit can be filed.
💡 Hypothetical Example: A California truck accident victim initially dismissed minor headaches after a crash. Months later, doctors diagnosed a severe traumatic brain injury caused by the accident. Since the injury was not immediately known, their attorney successfully extended the filing deadline, allowing them to recover compensation despite the delayed diagnosis.
If you or a loved one has been injured in a truck accident caused by driver negligence, having our competent Torrance truck accident lawyer on your side is key.
Local Entities That Impact Truck Accident Claims
Several local entities play a role in truck accident claims in California, from handling accident reports to overseeing legal filings. Knowing their impact can help strengthen a case, especially when government negligence or unsafe road conditions contribute to a crash.
California Department of Transportation (Caltrans) (dot.ca.gov) – Caltrans is responsible for maintaining highways and enforcing road safety regulations. If a truck accident was caused by poor road conditions, inadequate signage, or faulty traffic signals, Caltrans could be partially liable.
California Highway Patrol (CHP) (chp.ca.gov) – CHP officers investigate truck accidents, issue citations, and compile official accident reports. These reports can provide essential evidence, detailing road conditions, witness statements, and possible traffic law violations.
Local Superior Courts – Lawsuits must be filed in the Superior Court jurisdiction where the accident occurred. If an accident happened in Los Angeles, the claim would be filed in Los Angeles County Superior Court, whereas a case in Sacramento would be handled by Sacramento County Superior Court.
📌 Example: A truck accident on Interstate 5 results in serious injuries. If the crash was partly caused by potholes or poor road maintenance, Caltrans could be held accountable for failing to properly maintain the highway. Similarly, a CHP accident report confirming the hazardous conditions could be critical evidence in proving liability.
Hypothetical Scenarios & Real Case Examples
Real Case Results
✔ $1,100,000 – Truck Crash Settlement (Alhambra)
In Carter vs. Stepter, the victim sustained serious neck injuries after being struck by a commercial truck. A thorough investigation proved the trucking company’s liability, leading to a $1.1 million settlement.
✔ $1,500,000 – Truck Crash Settlement (Fresno)
In Mendez vs. Go Express, LLC, a truck collision caused severe back injuries, significantly affecting the victim’s mobility and ability to work. The case resulted in a $1.5 million payout to cover medical costs, lost wages, and pain and suffering.
Hypothetical Scenario - Maria’s Delayed Injury Claim
Maria was rear-ended by a commercial truck on a California highway. At the time, she felt only minor discomfort and didn’t file a claim. Two years later, her back pain worsened, leading to a serious diagnosis requiring surgery. She now wonders: Can she still sue the trucking company?
Legal Consideration: Under California law, the standard statute of limitations for personal injury claims is two years from the accident date. However, delayed discovery of injuries may allow for an extension. If Maria’s doctor confirms that her injury was directly caused by the crash but only became apparent later, she may still have legal grounds to file a claim.
⚖️ Lesson: If you were involved in a truck accident but delayed medical treatment, you may still have legal options. A case review with us can determine if the discovery rule applies and whether you’re still within the statute of limitations for filing.
Need to file before your deadline? Our truck accident lawyer in San Bernardino is here to help.
How to File a Truck Accident Claim on Time
At Feher Law, we know how overwhelming it can be to consider a truck accident lawsuit after a serious accident. Taking the right steps early can make all the difference in securing the compensation you deserve. Here’s how we guide our clients through the process:
- Get medical attention immediately: Even if you feel okay, some injuries take time to develop. Our experienced truck accident lawyers always recommend seeing a doctor right away to create a medical record that links your injuries to the accident.
- Obtain a police report: A CHP or local law enforcement report provides vital evidence. We help our clients request, review, and use these reports to support their claims.
- Document all evidence: Photos of the crash, vehicle damage, and visible injuries can strengthen your case. Our team ensures all medical records, repair estimates, and witness statements are properly preserved.
- Consult our truck accident lawyers: We analyze every detail of your case, determine filing deadlines, and hold negligent trucking companies accountable. From gathering black box data to challenging insurance denials, we build a strong claim for you.
- Notify insurance companies the right way: We handle all communications with your insurer and the trucking company’s insurance provider to protect you from lowball settlement offers.
- Determine your filing deadline: We make sure your case meets the legal time limits, whether it’s a personal injury, wrongful death, or property damage claim. If government entities are involved, we act fast to meet the shorter six-month deadline.
- File your claim before it’s too late: Our team prepares and submits all necessary documents on time, ensuring no detail is overlooked. If negotiations fail, we are always ready to take your case to court.
Is Your Truck Accident Deadline Looming? Trust in Our Team!
Time is not on your side after a truck accident, but we are. At Feher Law, we’ve recovered over $100 million for our clients because we fight relentlessly for justice. Our top-rated trial firm is built on results, professionalism, and empathy—ensuring every client feels heard and supported.
✔ No fees unless we win: We take on the risk so you don’t have to. If we don’t win your case, you pay nothing.
✔ Decades of courtroom experience: We’re not just settlement negotiators—we’re trial-ready attorneys who take on trucking companies and insurers in court when needed.
✔ Personalized legal strategies: Every case is different, and we build a claim that reflects the unique details of your accident, injuries, and losses.
Don’t miss your chance for compensation—California law sets strict deadlines on truck accident claims. Call (866) 646-6676 or contact us online today for a free consultation. Let us fight for you while you focus on healing.
FAQs
How can a lawyer help ensure I don’t miss my filing deadline?
Our lawyer will track your filing deadline, gather evidence quickly, and ensure all paperwork is submitted correctly. Missing a deadline can mean losing your right to compensation, so having legal guidance helps prevent costly delays and protects your ability to pursue a claim.
Does filing a lawsuit mean I have to go to court?
Not necessarily. Most truck accident cases settle before trial through negotiations with insurance companies. However, if a fair settlement isn’t offered, taking the case to court may be the best way to secure the compensation you deserve.
What should I do if my claim is close to the deadline?
If your filing deadline is approaching, consult our lawyer immediately. Our legal team will expedite the process, ensure paperwork is filed on time, and take emergency steps to preserve your claim, even if additional evidence is still being gathered.
How long do I have to file a claim if my truck accident only caused property damage?
In California, you have three years from the accident date to file a property damage claim. If you wait too long, you may lose the ability to recover repair or replacement costs for your vehicle.
Are the deadlines different if the truck driver was an independent contractor?
No, the general two-year deadline for personal injury claims still applies. However, liability can be more complex when dealing with independent contractors, requiring a thorough investigation to determine whether the trucking company shares responsibility.
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