How Long Does a Truck Accident Case Take in California?

The first phase of your truck accident case begins immediately after the collision and typically lasts 1-3 months. This critical period involves gathering evidence, documenting injuries, and building the foundation of your claim. Your attorney will work to preserve crucial evidence before it disappears, including truck black box data, driver logs, maintenance records, and witness statements.

During this phase, your lawyer will send spoliation letters to the trucking company and their insurer, legally requiring them to preserve all evidence related to the accident. This includes electronic logging device (ELD) data, which is often overwritten after just 6 months. Your attorney will also obtain the police report, photograph the accident scene, interview witnesses, and begin reviewing medical records.

The investigation phase is also when you'll focus on medical treatment. It's essential not to rush this process. Insurance companies often pressure victims to settle quickly before the full extent of injuries becomes apparent. Your attorney will advise you to reach maximum medical improvement (MMI) before settling, ensuring all future medical needs are accounted for in your compensation demand. If you've suffered serious injuries like traumatic brain injury or spinal cord damage, this phase becomes even more critical.

One of the most significant factors affecting your case timeline is your medical treatment. Truck accidents often cause catastrophic injuries like traumatic brain injuries, spinal cord damage, multiple fractures, and internal organ damage. These injuries require extensive treatment, sometimes including multiple surgeries, lengthy rehabilitation, and ongoing therapy.

You should never settle your case before reaching maximum medical improvement (MMI). MMI is the point at which your condition has stabilized, and doctors can accurately predict your long-term prognosis and future medical needs. For minor injuries, this might take a few months. For severe injuries like those common in motorcycle accidents or pedestrian accidents involving trucks, it could take a year or longer.

Settling before MMI is one of the biggest mistakes truck accident victims make. Once you accept a settlement, you cannot reopen your case if complications arise or additional treatment becomes necessary. California law provides a 2-year statute of limitations for personal injury claims, giving you time to fully understand your injuries before making permanent legal decisions. Your attorney will work with medical experts to document your current condition and project future medical expenses, lost earning capacity, and long-term care needs.

Once you've reached MMI or your medical condition has stabilized sufficiently, your attorney will prepare a comprehensive demand letter. This detailed document outlines the facts of the accident, establishes liability, documents all your injuries and treatment, calculates economic and non-economic damages, and demands specific compensation from the at-fault parties.

Preparing a demand letter for a truck accident case is far more complex than for a typical car accident. Your attorney must identify all potentially liable parties (the truck driver, trucking company, cargo loaders, maintenance contractors, truck manufacturers), calculate damages that may include millions of dollars in future medical care and lost wages, cite relevant federal trucking regulations that were violated, and present evidence from accident reconstruction experts and medical specialists.

After the demand letter is sent, the insurance company typically has 30-60 days to respond. They may accept the demand (rare), make a counteroffer (most common), or deny liability entirely. This begins the negotiation phase, which can last several months. Your attorney will engage in back-and-forth negotiations, often involving multiple rounds of offers and counteroffers. Many truck accident cases settle during this phase, especially when liability is clear and the insurance policy limits are sufficient to cover damages.

If settlement negotiations break down or the insurance company refuses to offer fair compensation, your attorney will file a lawsuit. This doesn't necessarily mean your case will go to trial—in fact, most cases settle even after a lawsuit is filed. However, filing a lawsuit demonstrates your commitment to pursuing full compensation and often motivates insurance companies to make more reasonable offers.

In California, you must file your truck accident lawsuit within 2 years of the accident date under the statute of limitations. However, there are exceptions. If the accident involved a government vehicle or occurred on government property, you may have as little as 6 months to file a claim. If the victim was a minor, the statute of limitations may be extended. If the accident resulted in a fatality, the wrongful death claim must be filed within 2 years of the death.

Your attorney will file a complaint in the appropriate California court, typically in the county where the accident occurred. The complaint will name all defendants, state the legal basis for your claim, and specify the damages you're seeking. Once filed, the defendants must be served with the complaint and have 30 days to respond. This officially begins the litigation phase of your case. Whether you're dealing with injuries from a bicycle accident with a truck or a head-on collision, the legal process remains similar.

Discovery is often the longest phase of a truck accident lawsuit, typically lasting 6-12 months or more in complex cases. During discovery, both sides exchange information, gather evidence, and build their cases. This process is governed by strict rules and deadlines set by the court.

Discovery includes several components: interrogatories (written questions that must be answered under oath), requests for production of documents (demanding relevant records, photos, videos, and other evidence), requests for admission (asking the other side to admit or deny specific facts), depositions (recorded testimony given under oath before trial), and expert witness reports (detailed analyses from accident reconstruction specialists, medical experts, trucking industry experts, and economists).

In truck accident cases, discovery is particularly extensive because of the multiple parties involved and the technical nature of the evidence. Your attorney may depose the truck driver, trucking company safety officers, maintenance personnel, and eyewitnesses. They'll subpoena the truck's electronic control module (ECM) data, driver qualification files, hours-of-service logs, vehicle inspection reports, and company safety policies. This thorough investigation often uncovers evidence of negligence that strengthens your case and increases settlement value.

Before trial, California courts often require parties to attempt mediation or another form of alternative dispute resolution (ADR). Mediation typically occurs 12-18 months after filing the lawsuit, once discovery is substantially complete. This process brings both sides together with a neutral third-party mediator who facilitates settlement negotiations.

Mediation is less formal than trial and gives both parties more control over the outcome. The mediator doesn't make decisions but helps identify common ground and creative solutions. Sessions can last anywhere from a few hours to multiple days. Many truck accident cases settle at mediation because both sides have a clearer picture of the evidence and the risks of going to trial.

The success rate of mediation in personal injury cases is high—approximately 70-80% of cases settle during or shortly after mediation. Even if mediation doesn't result in immediate settlement, it often narrows the issues in dispute and leads to settlement before trial. Your attorney will prepare extensively for mediation, creating persuasive presentations that demonstrate the strength of your case and the full extent of your damages.

If your case doesn't settle at mediation, it will proceed toward trial. The pre-trial phase typically lasts 2-4 months and involves intensive preparation. Your attorney will file and respond to pre-trial motions, finalize the witness list and exhibit list, prepare opening statements and closing arguments, conduct mock trials or focus groups, and coordinate with expert witnesses.

Pre-trial motions can significantly impact your case. Common motions include motions in limine (to exclude certain evidence), motions for summary judgment (asking the judge to decide the case without a trial), and motions to compel (forcing the other side to produce evidence). Your attorney will strategically use these motions to strengthen your position and potentially resolve the case before trial.

During this phase, settlement negotiations often intensify. As the trial date approaches, both sides face increasing costs and uncertainty. Insurance companies may make their best settlement offers in the weeks before trial. Your attorney will advise you on whether to accept a settlement or proceed to trial based on the strength of your case, the adequacy of the offer, and your personal circumstances and risk tolerance. Our experienced lawyers have successfully handled numerous complex truck accident trials.

If your case goes to trial, expect the process to last 1-4 weeks, depending on complexity. Truck accident trials are typically longer than standard car accident trials because of the technical evidence, multiple defendants, and high damages at stake. The trial process includes jury selection, opening statements, presentation of evidence and witness testimony, cross-examination, expert witness testimony, closing arguments, jury deliberation, and verdict.

During trial, your attorney will present compelling evidence of the defendant's negligence, demonstrate the full impact of your injuries on your life, and argue for maximum compensation. The trucking company's attorneys will attempt to minimize their client's liability, dispute the severity of your injuries, and argue for reduced damages. The jury will ultimately decide liability and damages based on the evidence presented.

California follows a pure comparative negligence rule, meaning your compensation can be reduced by your percentage of fault. For example, if the jury awards $1 million but finds you 20% at fault, you'll receive $800,000. Your attorney's goal is to prove the truck driver and trucking company bear full or primary responsibility for the accident. Even during trial, settlement negotiations may continue, and many cases settle mid-trial when one side recognizes the direction the case is heading.

After a verdict, the losing party may file post-trial motions or appeal the decision, potentially adding months or even years to your case. Common post-trial motions include motions for a new trial, motions for judgment notwithstanding the verdict (JNOV), and motions to alter or amend the judgment. The court typically rules on these motions within 30-60 days.

If the defendant appeals, the case moves to the California Court of Appeal, where appellate judges review the trial court's legal decisions. Appeals don't involve new evidence or witnesses—they focus on whether the trial court made legal errors that affected the outcome. The appellate process typically takes 12-18 months, though complex cases can take longer.

Most truck accident verdicts are not appealed, especially when the evidence of negligence is strong and the verdict is within reasonable ranges. However, when cases involve very large verdicts or novel legal issues, appeals are more common. Your attorney will defend the verdict on appeal and work to expedite the process. Even during appeals, settlement negotiations may continue, as defendants often prefer to settle rather than risk an appellate court upholding or even increasing the verdict. Check our results page to see examples of successful verdicts we've achieved.

While truck accident cases are inherently complex, certain factors can expedite the process. Clear liability is the most significant factor—when evidence overwhelmingly proves the truck driver or trucking company was at fault, insurance companies are more likely to settle quickly. Dashboard camera footage, truck black box data showing speeding or hours-of-service violations, and multiple eyewitnesses all strengthen your case and encourage faster settlement.

Adequate insurance coverage also speeds up cases. When the trucking company has sufficient insurance to cover your damages, there's less incentive to fight. Conversely, when damages exceed policy limits, cases become more complicated as attorneys must pursue multiple insurance policies or the trucking company's assets. Cooperative defendants and insurers who engage in good-faith negotiations can also significantly reduce case duration.

Your own actions matter too. Following your doctor's treatment plan, attending all medical appointments, responding promptly to your attorney's requests for information, and being realistic about settlement expectations all help move your case forward. Hiring an experienced truck accident attorney early in the process is perhaps the most important factor—skilled attorneys know how to efficiently investigate, negotiate, and litigate truck accident cases, avoiding common delays and pitfalls. Contact us today for a free consultation to discuss your case timeline.

Several factors can significantly extend your truck accident case timeline. Disputed liability is the most common cause of delay. When multiple parties claim the other is at fault, or when the trucking company denies responsibility entirely, extensive investigation and litigation become necessary. Complex accident scenarios involving multiple vehicles, unclear road conditions, or conflicting witness statements require accident reconstruction experts and lengthy analysis.

Severe or catastrophic injuries naturally extend case timelines because you shouldn't settle until reaching maximum medical improvement. Traumatic brain injuries, spinal cord injuries, and other life-altering conditions may require years of treatment before doctors can accurately predict long-term prognosis and future medical needs. Multiple defendants also complicate cases—when liability is shared among the truck driver, trucking company, cargo loader, maintenance contractor, and truck manufacturer, coordinating discovery and negotiations takes longer.

Insurance company tactics can deliberately delay cases. Some insurers use delay as a strategy, hoping victims will accept low settlements out of financial desperation. They may request unnecessary documentation, make unreasonably low offers, or refuse to negotiate in good faith. Court backlogs, especially in busy California counties, can add months to trial dates. Finally, if your case involves novel legal issues or requires extensive expert testimony, expect additional time for preparation and litigation. Similar delays can occur in Uber and Lyft accident cases involving commercial vehicles.

Deciding whether to settle or go to trial is one of the most important decisions in your truck accident case. Approximately 95% of personal injury cases settle before trial, but that doesn't mean settlement is always the right choice. Your attorney will help you weigh the pros and cons based on your specific circumstances.

Settlement offers certainty and speed. You receive guaranteed compensation without the risk of losing at trial, avoid the stress and time commitment of trial, and get your money faster, often within 30-60 days of signing the settlement agreement. Settlement also provides privacy—trial verdicts are public record, while settlements can include confidentiality agreements. However, settlement means accepting less than you might win at trial, and once you settle, you cannot reopen your case if your condition worsens.

Going to trial offers the potential for higher compensation, especially when your damages clearly exceed the settlement offer. Trial also provides public accountability, holding negligent trucking companies responsible and potentially preventing future accidents. However, trial involves significant risks—you might receive less than the settlement offer or even lose entirely. Trials are stressful, time-consuming, and expensive. Your attorney will provide honest advice about the strength of your case, the adequacy of settlement offers, and the likely outcome at trial, helping you make an informed decision that aligns with your goals and risk tolerance. Read our client testimonials to learn how we've helped others navigate these difficult decisions.