California Truck Accident Statute of Limitations: Critical Deadlines You Must Know

California Code of Civil Procedure Section 335.1 establishes a two-year statute of limitations for personal injury claims arising from truck accidents. This means you have exactly two years from the date of the collision to file a lawsuit in civil court seeking compensation for your injuries, pain and suffering, lost wages, and other damages. The clock begins ticking on the date the accident occurred, not when you discovered your injuries or completed medical treatment.

This two-year deadline applies to claims against truck drivers, trucking companies, cargo loaders, maintenance providers, and other potentially liable parties. If you fail to file your lawsuit within this timeframe, the defendant can file a motion to dismiss your case based on the expired statute of limitations, and California courts will almost certainly grant that motion. Once dismissed on these grounds, you lose your right to pursue compensation forever, regardless of the strength of your evidence or the severity of your injuries.

It's important to understand that the statute of limitations governs when you must file a lawsuit in court, not when you must settle your claim. Many truck accident cases settle through negotiations with insurance companies without ever going to trial. However, the looming deadline creates leverage in settlement negotiations—insurance companies know that as the statute of limitations approaches, your bargaining position weakens because you lose the option to take your case to court if settlement talks fail. Consulting with an experienced truck accident attorney early in the process is essential.

While personal injury claims from truck accidents must be filed within two years, California law provides a separate and longer deadline for property damage claims. Under California Code of Civil Procedure Section 338, you have three years from the date of the accident to file a lawsuit seeking compensation for damage to your vehicle and other property. This distinction is crucial because many accident victims focus solely on their injury claims and overlook property damage deadlines.

The three-year property damage statute of limitations applies to claims for vehicle repair or replacement costs, damaged personal belongings that were in your vehicle at the time of the collision, and other tangible property losses. Even if you've already settled your personal injury claim, you can still pursue property damage compensation as long as you're within the three-year window. However, most experienced truck accident attorneys recommend resolving all aspects of your claim—both injury and property damage—simultaneously to avoid complications and ensure comprehensive compensation.

Keep in mind that insurance companies often try to settle property damage claims quickly while delaying injury claim negotiations. This tactic can work to their advantage because once you accept a property damage settlement, you may inadvertently release claims you didn't intend to waive. Always consult with a qualified California truck accident lawyer before signing any settlement agreements or releases, even for seemingly straightforward property damage claims. Learn more about our successful case outcomes.

If your truck accident involved a government-owned vehicle or a government employee driving in the course of their employment, dramatically different and much shorter deadlines apply. California Government Code Sections 910-915 require you to file a formal claim with the appropriate government entity within six months of the accident date. This administrative claim is a prerequisite to filing a lawsuit—you cannot sue a government entity in California without first filing and having your administrative claim denied or deemed denied.

The six-month deadline for government claims is strictly enforced, and courts rarely grant extensions except in extraordinary circumstances. Government entities that might be involved in truck accidents include municipal transit authorities, county transportation departments, state agencies like Caltrans, and federal entities. If a city-owned garbage truck, county maintenance vehicle, or state transportation truck was involved in your collision, you must act quickly to preserve your rights.

After you file your government claim, the entity has 45 days to respond. If they reject your claim or fail to respond within the 45-day period, you then have six months from the date of rejection (or deemed rejection) to file a lawsuit in court. The complexity of government claim procedures makes it essential to work with an experienced truck accident attorney who understands these special requirements and can navigate the administrative process on your behalf.

California law recognizes that some injuries from truck accidents aren't immediately apparent at the time of the collision. The 'discovery rule' provides an important exception to the standard two-year statute of limitations by allowing the clock to start when you discover (or reasonably should have discovered) your injury, rather than on the accident date itself. This rule most commonly applies to latent injuries that manifest weeks, months, or even years after the initial trauma.

For example, some traumatic brain injuries, spinal cord damage, internal organ injuries, and psychological conditions may not produce obvious symptoms immediately after a truck accident. If you develop severe headaches, cognitive difficulties, or chronic pain months after your collision and medical examination reveals these symptoms stem from the truck accident, the discovery rule may extend your filing deadline. However, the burden of proof falls on you to demonstrate that you could not have reasonably discovered the injury earlier through reasonable diligence.

California courts apply the discovery rule cautiously and require clear evidence that the injury was truly hidden and not discoverable through reasonable medical attention. Simply failing to seek medical treatment or ignoring warning signs won't qualify for discovery rule protection. If you believe the discovery rule may apply to your truck accident case, consult with a knowledgeable personal injury attorney immediately to evaluate whether you have grounds for an extended filing deadline and to ensure you don't miss any applicable deadlines.

Certain circumstances can 'toll' or pause the statute of limitations clock, effectively extending your deadline to file a truck accident lawsuit. California law recognizes several tolling provisions that may apply to your case, though each has specific requirements and limitations. Understanding these provisions is crucial because they can mean the difference between a viable claim and a time-barred case.

The most common tolling provision applies to minors. If the truck accident victim is under 18 years old at the time of the collision, the statute of limitations doesn't begin running until they turn 18. This means a child injured in a truck accident at age 10 would have until age 20 to file a personal injury lawsuit. However, parents or guardians can file claims on behalf of minor children before they reach adulthood, and doing so is often advisable to preserve evidence and secure compensation for ongoing medical needs.

Other tolling provisions include mental incapacity (if the victim lacks the mental capacity to understand their legal rights due to the injuries), defendant's absence from California (if the at-fault party leaves the state, the time they're absent may not count toward the statute of limitations), and active military service (service members may receive extensions under the federal Servicemembers Civil Relief Act). Each tolling provision has specific legal requirements and documentation needs, making it essential to work with an attorney who can properly invoke these protections if they apply to your situation.

When a truck accident results in a fatality, surviving family members may pursue a wrongful death claim to recover compensation for their loss. California Code of Civil Procedure Section 377.60 establishes a two-year statute of limitations for wrongful death claims arising from truck accidents involving private parties. However, this deadline is calculated from the date of death, not the date of the accident—a critical distinction when the victim survives for days, weeks, or months after the collision before succumbing to their injuries.

If the truck accident victim dies immediately or shortly after the collision, the two-year wrongful death statute of limitations runs concurrently with the two-year personal injury deadline. However, if the victim survives for an extended period before passing away from accident-related injuries, the family may have separate deadlines for the deceased's personal injury claim (which becomes part of their estate) and the wrongful death claim filed by surviving family members.

As with personal injury claims, wrongful death claims against government entities face much shorter deadlines. Families must file a government claim within six months of the death, not the accident date. Given the emotional devastation of losing a loved one in a truck accident, these deadlines can seem impossibly short. Compassionate yet experienced truck accident attorneys understand the sensitivity of wrongful death cases and can handle the legal complexities while families focus on grieving and healing.

While California's two-year statute of limitations may seem like ample time to file a truck accident lawsuit, waiting anywhere close to this deadline is a serious mistake that can jeopardize your case. Truck accident cases involve unique evidence preservation challenges that require immediate action. Critical evidence like electronic logging device (ELD) data, truck maintenance records, driver logs, dashcam footage, and black box data may be routinely deleted or overwritten within weeks or months after an accident unless your attorney takes swift legal action to preserve it.

Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to maintain certain records for specific periods, but these retention requirements vary. Driver qualification files must be kept for three years, vehicle maintenance records for one year, and hours-of-service logs for six months. However, trucking companies aren't required to preserve evidence indefinitely, and some critical electronic data may be overwritten in as little as 30 days. Your attorney can send spoliation letters and file motions to preserve evidence, but these protective measures are only effective if implemented quickly.

Beyond evidence preservation, early investigation allows your legal team to interview witnesses while memories are fresh, document the accident scene before conditions change, and identify all potentially liable parties before insurance companies establish their defense strategies. Insurance adjusters begin building their case against you immediately after the accident—you should do the same. Consulting with a truck accident lawyer within days or weeks of your collision, rather than months or years later, dramatically improves your chances of securing maximum compensation.

Truck accident cases typically involve multiple potentially liable parties, and each defendant may be subject to different statutes of limitations depending on their role and legal status. A single collision might involve claims against the truck driver, the trucking company, the cargo loading company, the truck manufacturer, the maintenance provider, and even government entities responsible for road design or maintenance. Tracking all applicable deadlines requires careful legal analysis and meticulous case management.

For example, if a truck accident was caused by a combination of driver fatigue, improper cargo loading, and a defective braking system, you might have claims against the trucking company (two-year deadline), the cargo company (two-year deadline), and the truck manufacturer (two-year deadline for personal injury, but product liability claims may have different considerations). If poor road design contributed to the accident, you'd also need to file a government claim within six months against the responsible transportation agency.

Missing the deadline for even one defendant can significantly impact your case. If you timely file against the truck driver and trucking company but miss the deadline for the cargo loading company, you lose the ability to recover from that defendant even if they were substantially at fault. Experienced truck accident attorneys use comprehensive case management systems to track all applicable deadlines and ensure every potentially liable party is held accountable within the required timeframes.

Insurance companies defending truck accident claims are well aware of California's statute of limitations and often use delay tactics to run out the clock on your case. Adjusters may request endless documentation, schedule and reschedule medical examinations, make lowball settlement offers that require lengthy consideration, and generally drag out negotiations in hopes that you'll miss your filing deadline. Once the statute of limitations expires, your leverage disappears entirely, and insurance companies can deny your claim with impunity.

A common tactic involves making a settlement offer just before the statute of limitations expires, knowing that you'll feel pressured to accept rather than risk losing everything by going to trial. These last-minute offers are typically far below the true value of your claim, but the time pressure can make them seem attractive. Having an attorney who files your lawsuit well before the deadline expires eliminates this pressure tactic and demonstrates to insurance companies that you're serious about pursuing full compensation.

Another delay tactic involves disputing liability or coverage while the clock ticks down. Insurance companies may claim their insured wasn't at fault, argue that policy exclusions apply, or assert that another party is responsible—all while your statute of limitations approaches. Don't fall for these stalling techniques. Consult with a truck accident attorney early in the process, and if settlement negotiations aren't progressing reasonably, be prepared to file your lawsuit with plenty of time remaining before the deadline.

If you've been injured in a truck accident in California, taking immediate action to protect your legal rights is essential. First, seek comprehensive medical evaluation and treatment for all injuries, even those that seem minor. Medical records created close to the accident date provide crucial documentation linking your injuries to the collision and establishing the severity of your damages. Gaps in medical treatment can be used by insurance companies to argue that your injuries weren't serious or weren't caused by the accident.

Second, document everything related to the accident and your injuries. Take photos of the accident scene, your vehicle damage, your visible injuries, and the truck involved. Collect contact information from witnesses, obtain a copy of the police report, and keep detailed records of all medical treatments, expenses, lost wages, and how your injuries impact your daily life. This documentation becomes increasingly important as time passes and memories fade.

Third, and most importantly, consult with an experienced California truck accident attorney as soon as possible after your collision. Most truck accident lawyers offer free initial consultations and work on contingency fee arrangements, meaning you pay nothing unless they recover compensation for you. An attorney can immediately begin preserving evidence, investigating your case, identifying all liable parties, and ensuring that all applicable statutes of limitations are met. Don't wait until the deadline approaches—by then, critical evidence may be lost and your case significantly weakened.

Missing California's statute of limitations for your truck accident claim has devastating consequences. Once the deadline passes, defendants can file a motion to dismiss your case based on the expired statute of limitations, and courts will grant this motion except in the rarest circumstances. This dismissal is with prejudice, meaning you cannot refile your case—your right to pursue compensation is permanently extinguished regardless of how strong your evidence is or how severe your injuries may be.

Even if you have video footage clearly showing the truck driver's negligence, medical records documenting catastrophic injuries, and expert testimony supporting millions of dollars in damages, none of it matters if you file your lawsuit even one day after the statute of limitations expires. California courts have no discretion to extend the deadline simply because you have a compelling case or because missing the deadline would create a hardship. The statute of limitations is an absolute bar to recovery.

In extremely rare cases, courts may consider equitable tolling if you can prove that extraordinary circumstances beyond your control prevented you from filing on time despite exercising reasonable diligence. However, the bar for equitable tolling is exceptionally high—simple mistake, ignorance of the law, or reliance on incorrect legal advice typically don't qualify. The harsh reality is that missing the statute of limitations almost always means losing your right to compensation forever, which is why consulting with an attorney early in the process is so critical.

At Hurt Advice, our experienced California truck accident attorneys understand that navigating statutes of limitations and other legal deadlines can be overwhelming when you're focused on recovering from serious injuries. That's why we implement comprehensive case management systems that track every applicable deadline for every defendant in your case, ensuring that your rights are protected and your claims are filed timely. From the moment you become our client, we take the burden of deadline management off your shoulders.

Our legal team begins working on your case immediately, sending preservation letters to trucking companies and other defendants to protect critical evidence, conducting thorough investigations to identify all liable parties, and filing necessary claims and lawsuits well in advance of any deadlines. We don't wait until the last minute—our proactive approach ensures that we have maximum leverage in settlement negotiations and that you never face the nightmare of a time-barred claim.

We've successfully represented hundreds of truck accident victims throughout California, recovering millions of dollars in compensation for our clients. Our attorneys have in-depth knowledge of federal trucking regulations, California personal injury law, and the complex insurance issues that arise in commercial vehicle cases. We offer free consultations, work on contingency fees (you pay nothing unless we win), and provide compassionate, personalized attention to every client. If you've been injured in a truck accident, don't risk missing critical deadlines—contact Hurt Advice today to protect your rights and pursue the compensation you deserve. Read our client testimonials to learn about our track record.