California Truck Accident Statute of Limitations: Know Your Legal Deadline

Introduction: Understanding Your Time-Sensitive Legal Rights

After a serious crash with a commercial vehicle, your right to compensation is governed by the truck accident statute of limitations. In California, you generally have two years from the date of injury to file a personal injury lawsuit (Code Civ. Proc. §335.1). Miss this personal injury filing deadline and the court will likely dismiss your case, no matter how strong the evidence. Insurance claims should be opened promptly, but insurer notice rules do not extend the California personal injury deadline to sue.

Here are the most common deadlines under California law. Confirm how they apply to your claim, as exceptions may change the timeline:

• Personal injury from a truck collision: 2 years from the date of injury (CCP §335.1).
• Wrongful death: 2 years from the date of death.
• Property damage only: 3 years (CCP §338).
• Claims against a public entity (e.g., Caltrans or a city sanitation truck): 6 months to file a government claim (Gov. Code §911.2); after a written rejection, generally 6 months to file suit (Gov. Code §945.6).

Limited exceptions can extend or “toll” the statute, but they’re narrow. Examples include minors (time typically tolled until age 18), delayed discovery if injuries were not and could not reasonably have been discovered earlier, and periods when the defendant is out of state or conceals their identity. In practice, most truck crashes make injuries immediately apparent, so do not assume extra time applies. If you’re unsure about the statute of limitations truck accident rules in your case, get legal guidance early.

Waiting also puts evidence at risk. Electronic logging device data and hours-of-service records may be kept only about six months, carrier dashcam footage can be overwritten, and skid marks, ECM data, or shipping records can disappear. Quick action allows your lawyer to send preservation letters, inspect the vehicle, and secure witness statements before memories fade.

Weinberger Law Firm helps Sacramento and California crash victims calculate the correct injury claim time limit, meet every filing requirement, and build leverage with insurers while preparing for litigation. For a step-by-step overview of what happens before filing, see our guide to the California personal injury timeline. If you’re unsure how long to file a lawsuit in your situation, a prompt consultation can protect your rights.

What is a Statute of Limitations in California

A statute of limitations is the legal deadline for filing a lawsuit. In California, this deadline controls how long you have to bring a claim after a crash, including commercial vehicle collisions. Knowing the truck accident statute of limitations is essential, because missing it can permanently bar your right to compensation—no matter how strong your case may be.

Most truck crash claims follow California’s general personal injury deadlines:

• Personal injury: 2 years from the date of the crash (California personal injury deadline).
• Wrongful death: 2 years from the date of death.
• Property damage only: 3 years from the crash.
• Claims involving a government entity (for example, a city-owned garbage truck or a dangerous Caltrans roadway): you must first file an administrative claim within 6 months of the incident; if the claim is rejected in writing, you generally have 6 months from the rejection to file a lawsuit.

Limited exceptions can pause or extend the injury claim time limit. Under the “discovery rule,” the clock may start when you knew or should have known you were injured and that negligence caused it—for example, when a traumatic brain injury is diagnosed weeks after a collision. Minors usually have until two years after turning 18 to sue in standard personal injury cases, though special rules apply if a public entity is involved. Because exceptions are narrow and fact-specific, always confirm your personal injury filing deadline with an attorney.

Do not assume settlement talks stop the statute from running. Negotiations with an insurer—or waiting for a trucking company’s internal review—do not extend how long to file a lawsuit. Evidence unique to commercial carriers (electronic logging device data, driver qualification files, maintenance records, dashcam footage) can be overwritten quickly, so early action to send preservation notices is critical.

Weinberger Law Firm helps accident victims calculate the correct statute of limitations for a truck crash, meet government claim requirements, and preserve crucial evidence while negotiating firmly with insurers. For tailored guidance on next steps, explore our Personal injury legal support.

The Two-Year Deadline for Truck Accident Claims

In California, the truck accident statute of limitations generally gives you two years from the date of the crash to file a personal injury lawsuit (Code of Civil Procedure §335.1). If a loved one was killed, the wrongful death claim typically shares the same two-year window, measured from the date of death. Miss this California personal injury deadline and the court will likely dismiss your case, regardless of how strong your evidence may be.

Filing an insurance claim does not pause the clock. Settlement talks, medical treatment, or waiting for the insurer’s decision won’t extend your injury claim time limit. For example, if your collision happened on March 1, 2024, your personal injury filing deadline is usually March 1, 2026—unless an exception applies. To preserve your rights, you must file the lawsuit before time expires, even if negotiations are ongoing.

Key exceptions and special rules can shorten or extend how long to file a lawsuit:

• Claims against a public entity (e.g., a city truck) require a government claim within 6 months of the injury (Gov. Code §911.2). If rejected, you typically have 6 months to sue (Gov. Code §945.6).
• Property damage claims have a three-year limit (Code Civ. Proc. §338), but coordinating injury and property claims is strategic.
• Minors usually have time tolled until age 18 for lawsuits, but government claim deadlines are not automatically tolled.
• If the defendant dies, claims against the estate are generally limited to one year from the date of death (Code Civ. Proc. §366.2).
• Tolling may apply for defendant’s absence from California, the plaintiff’s incapacity, or other limited circumstances.

Moving quickly matters beyond deadlines. Critical trucking evidence—electronic logging device data, driver qualification records, vehicle inspection reports, and onboard camera footage—may be overwritten or purged within months. Prompt legal action facilitates preservation letters, expert inspections, and early negotiations that can shape case value.

Weinberger Law Firm helps you identify the exact statute of limitations truck accident rules that apply, file on time, and protect key evidence while negotiating with insurers. If you were injured in a California truck crash, our Sacramento team can evaluate your deadlines now and position your claim for maximum recovery.

Exceptions to the Standard Two-Year Timeframe

California generally gives injured people two years to sue, but several exceptions can shorten or extend the truck accident statute of limitations. Missing these carve-outs can end a strong case before it starts, so it’s crucial to pinpoint your exact California personal injury deadline as early as possible. The following scenarios commonly change how long to file a lawsuit after a crash with a commercial vehicle.

• Claims against government entities: If the at‑fault party is a city, county, or state agency (for example, a county dump truck or Caltrans vehicle), you must file an administrative claim within six months of the crash. After a written denial, you typically have six months to file suit; if there’s no written denial, different timing rules can apply, so act quickly.

• Minors and legal incapacity: For most negligence claims, the injury claim time limit is “tolled” until the injured person turns 18 or regains legal capacity. However, the six‑month government claim deadline usually still applies to minors, making early legal help essential.

• Delayed discovery: If you did not and could not reasonably discover your injury or its negligent cause right away—such as a traumatic brain injury that becomes evident months later—the clock may start when you discover (or should have discovered) the harm. Documentation of symptoms, diagnostics, and medical opinions is key to support this exception.

• Defendant absence, concealment, or bankruptcy: Time may be paused if the defendant is out of state, fraudulently conceals wrongdoing, or files bankruptcy (a stay can extend deadlines once the stay lifts). These tolling rules are technical and fact‑dependent.

• Wrongful death accrual: If a victim later dies from crash injuries, the statute of limitations truck accident claim for wrongful death generally runs two years from the date of death, not the collision.

• Federal vehicles: If a federal employee driving a government truck caused the crash, the Federal Tort Claims Act requires an administrative claim within two years and a lawsuit within six months of agency denial.

Because your personal injury filing deadline can hinge on small details, consult a lawyer early. Weinberger Law Firm in Sacramento can evaluate exceptions, preserve your rights, and file the right claims on time while building a case to maximize compensation.

How the Statute Clock Begins: Discovery Rule and Filing Date

In California, the truck accident statute of limitations for bodily injury is generally two years from the date of the crash under Code of Civil Procedure § 335.1. The “clock” starts when your claim legally accrues, which is usually the day of injury, but the discovery rule can delay accrual if you did not and reasonably could not discover your injury or its negligent cause right away. Understanding this California personal injury deadline is critical because missing the personal injury filing deadline can bar your claim completely.

Under the discovery rule, time begins when you knew or should have known, through reasonable diligence, both that you were injured and that someone else’s wrongful conduct likely caused it. This often arises with injuries or causes that surface later. For example:

• You feel fine after a collision with a tractor‑trailer but are diagnosed with a traumatic brain injury weeks later.
• A post‑crash investigation months later reveals a defective truck brake component that explains lingering back and neck symptoms.
• A delayed MRI shows a herniated disc linked to the impact after initial X‑rays looked normal.

Not every claim accrues the same way. Property damage from a truck crash generally has a three‑year limit (Cal. Code Civ. Proc. § 338), while wrongful death claims are typically two years from the date of death. Ask early how long to file lawsuit paperwork for your situation, because the injury claim time limit varies by claim type and facts.

If a government entity is involved—such as a city garbage truck—you must first file an administrative claim within six months of the incident under the California Government Claims Act. After a written rejection, you usually have six months to sue. These presentment rules are strict and the discovery rule does not reliably extend them, so do not delay.

Your filing date is the day the court stamps your complaint as filed; insurance talks or letters do not stop the clock unless there is a signed tolling agreement. Limited tolling may apply for minors or incapacity, but exceptions are nuanced. Weinberger Law Firm can evaluate when your statute started, calculate your deadlines, and file promptly to protect your rights while negotiating with insurers.

Consequences of Missing the Statute of Limitations Deadline

Missing the truck accident statute of limitations in California almost always ends your case. If you file after the California personal injury deadline, the court will dismiss your lawsuit with prejudice—even when liability is clear and your injuries are severe. Insurers know this and will stop negotiating once the personal injury filing deadline expires, leaving you with no leverage to recover medical bills, lost wages, or pain and suffering.

The practical fallout starts long before the clock runs out. Critical trucking evidence is time-sensitive: electronic control module (ECM) “black box” data, driver logs, and dispatch records can be overwritten or purged under routine retention policies, sometimes within months. Surveillance video along the route and GPS data from third-party carriers can also disappear. Waiting until the edge of the statute of limitations truck accident deadline not only risks dismissal—it can cripple your proof even if you do file in time.

Consequences you can expect if the injury claim time limit passes include:

• Automatic claim denials from insurers and self-insured trucking companies.
• Lawsuit dismissal with prejudice for filing late, permanently barring recovery.
• Loss of ability to add new defendants discovered later, unless narrow “relation back” rules apply.
• Expired leverage in settlement talks, since the carrier knows you cannot sue.

There are limited exceptions and special rules. Injured minors generally have until age 20 (two years after turning 18), but evidence still fades. If the at-fault driver worked for a city, county, or state agency, you typically must file a government claim within six months, a much shorter window than the standard two years. The discovery rule may extend how long to file lawsuit in rare situations where injuries were not reasonably discoverable at first, but do not assume it applies to a collision you knew about on day one.

To avoid deadline traps and preserve vital trucking records, contact Weinberger Law Firm as early as possible. Our Sacramento team immediately calculates all applicable deadlines, sends evidence preservation letters, pursues required government claims, and positions your case for strong negotiation or litigation before any clock runs out.

Calculating Your Deadline: Important Dates and Milestones

In California, the truck accident statute of limitations for most personal injury claims is two years from the date of the crash. This California personal injury deadline is strict: miss it and your claim is usually barred, no matter how strong your evidence is. Courts measure the personal injury filing deadline from when your claim “accrues,” which is generally the accident date.

Accrual can shift under the discovery rule if you didn’t know—and couldn’t reasonably have known—your injury was caused by the collision or someone’s negligence. For example, if a delayed-diagnosis traumatic brain injury is linked to the wreck months later, the two-year clock may start when you first reasonably discover the injury and its cause. Evidence of when you sought treatment and what you were told can be critical to this analysis.

If a public entity is involved (e.g., a city-owned garbage truck or a dangerous road condition), the timeline is shorter. You must present a Government Claim within six months of the incident (Gov. Code § 911.2). After a written rejection, you generally have six months to file your lawsuit (Gov. Code § 945.6); if there’s no written rejection, other timing rules apply, so get legal guidance fast.

Wrongful death claims arising from a truck crash carry a two-year deadline measured from the date of death, not the collision date if they differ. Minors and those lacking legal capacity may benefit from tolling that pauses the clock until the disability ends, though special rules and exceptions apply. Tolling can also occur if the defendant leaves California, but do not rely on tolling without counsel—it’s fact-specific.

Separate from court deadlines, insurance and contract clocks can be short. Uninsured/underinsured motorist claims often require a demand for arbitration within two years, and your policy may impose prompt notice and proof-of-loss requirements. Early preservation letters are vital to secure electronic control module (ECM) data, driver logs, and dashcam footage before they’re overwritten.

Sample timeline checkpoints:

• Crash: January 10, 2024 → Default personal injury deadline: January 10, 2026.
• Discovery of latent injury linked to crash: May 1, 2024 → Potential accrual; deadline could run to May 1, 2026.
• Public entity involved → Government Claim due by: July 9, 2024 (6 months).
• Written rejection of Government Claim: August 20, 2024 → Lawsuit due by: February 20, 2025.
• Wrongful death on March 5, 2024 → Wrongful death deadline: March 5, 2026.

If you’re unsure how long to file a lawsuit or which injury claim time limit applies, speak with an attorney immediately. Weinberger Law Firm in Sacramento can calculate your exact statute of limitations for a truck accident, preserve critical evidence, and file on time while building the strongest case for compensation. Reach out early to avoid deadline traps and protect your rights.

Steps to Take Before Your Deadline Expires

Time moves quickly after a crash, and the truck accident statute of limitations can run out before you realize it. In California, most injury claims must be filed within two years of the crash, but shorter rules may apply. If a public entity is involved (for example, a city sanitation truck), you generally must file a government claim within six months before you can sue. Minors and delayed discovery can toll deadlines, but do not assume an extension—ask early how long to file a lawsuit for your specific facts.

Prioritize medical care right away and follow your treatment plan; consistent medical records connect your injuries to the collision. At the same time, start preserving evidence that can disappear quickly in a statute of limitations truck accident case.

• Photos and video of the scene, vehicles, skid marks, road conditions, and your injuries
• Police or CHP report number and responding officer’s information
• Witness names, phone numbers, and any statements
• Trucking carrier and driver details, DOT number, and insurance info
• Electronic data: ELD/HOS logs, ECM “black box” data, dashcam footage, GPS/dispatch records
• Bills of lading, weight tickets, delivery schedules, and trip sheets
• Maintenance, inspection, and repair records for the tractor and trailer
• Post-crash drug/alcohol testing results and driver qualification file
• Vehicle damage appraisals and estimates; do not repair or dispose of parts until documented

Have an attorney send a spoliation letter quickly so the carrier preserves electronic data that may be overwritten within days.

Notify your insurer and the trucking company’s insurer promptly, but avoid recorded statements or broad medical authorizations until you have counsel. Uninsured/underinsured motorist and MedPay policies may impose shorter, contractual notice or arbitration deadlines that can be stricter than the California personal injury deadline. If a government claim is required, calendar both the six-month claim window and the post-rejection filing period to protect your injury claim time limit.

Weinberger Law Firm can calculate your personal injury filing deadline, identify every exception, and move fast to preserve critical trucking evidence. Our Sacramento team negotiates assertively with insurers and is fully prepared to litigate to maximize compensation. Contact us early so we can protect your rights while you focus on recovery.

Working with a Truck Accident Attorney to Protect Your Rights

After a serious crash, the clock starts ticking—and missing a deadline can end your claim before it begins. An experienced attorney can identify the exact truck accident statute of limitations that applies, determine whether any exceptions or special rules affect your case, and make sure the paperwork is filed on time. This is critical in California, where multiple timelines can apply and the California personal injury deadline is only one piece of the puzzle.

In most California truck cases, you generally have two years from the crash to file a personal injury lawsuit, and three years for property damage. If a government vehicle or public entity is involved, you must file an administrative claim within six months, which is a much shorter injury claim time limit. Special rules may extend or affect deadlines for minors or injuries discovered later, but you should never assume extra time applies. If you’re wondering how long to file lawsuit paperwork, the safest answer is: before the earliest applicable personal injury filing deadline, and preferably well in advance.

An attorney’s early involvement also protects evidence that can disappear quickly. Within days, carriers may overwrite electronic logging device (ELD) data, dashcam footage, or driver time records. A lawyer can move fast to:

• Send preservation letters for ELD/ECM data, dashcam video, hours-of-service logs, driver qualification files, maintenance records, and bills of lading
• Identify all liable parties—driver, motor carrier, broker, shipper, maintenance contractor, or a parts manufacturer—and verify insurance coverage
• Track every deadline (injury, property damage, wrongful death, and government claims) and calendar service-of-process requirements
• Pursue tolling agreements when appropriate and coordinate medical documentation and liens

Negotiating with insurers does not pause the statute of limitations truck accident cases must meet. Only a filed complaint or a signed tolling agreement preserves your rights, and your lawyer can file promptly while continuing to investigate through discovery. This strategy prevents last-minute rushes and reduces the risk of evidence loss or service delays.

Weinberger Law Firm in Sacramento helps truck crash victims map all applicable deadlines, preserve key evidence, and build litigation-ready cases that maximize compensation. The team is experienced with California’s Government Claims Act procedures and complex multi-defendant trucking matters, and they keep clients informed at every step. If you need clarity on your timeline and next steps, they can provide a focused case evaluation and act quickly to protect your claim.

Conclusion: Act Promptly to Secure Your Compensation

Time is critical after a California truck crash. If you miss the truck accident statute of limitations, a court can dismiss your case no matter how strong the facts are. In most cases, the California personal injury deadline is two years from the date of the crash for bodily injury, and three years for vehicle or other property damage. If you’re unsure how long to file a lawsuit in your situation, assume the shortest timeline applies and act now.

Special rules apply when a public entity is involved, such as a collision with a city garbage truck or a Caltrans vehicle. You generally must file a government claim within six months, then—if it’s denied—file suit within six months of the denial; if there’s no written denial, you typically have two years from the date of injury to sue. These procedural traps can be unforgiving, and missing the injury claim time limit can end your case before it starts.

Limited exceptions exist, such as tolling for minors or those who are incapacitated, and “delayed discovery” for injuries that were not reasonably knowable right away. But relying on an exception is risky, and evidence in truck cases disappears quickly—electronic logging device (ELD) data, dashcam footage, and maintenance records can be overwritten in weeks. To protect your rights and meet the personal injury filing deadline, move quickly:

• Get immediate medical care and follow through with treatment to document your injuries.
• Preserve critical evidence (ELD/black box data, driver logs, dispatch and maintenance records, and nearby camera footage); have your attorney send a spoliation letter promptly.
• Identify all potential defendants (driver, motor carrier, broker, shipper, maintenance contractor, and any government entity).
• Open insurance claims but avoid recorded statements or broad medical authorizations without legal guidance.

Weinberger Law Firm in Sacramento helps truck crash victims navigate these deadlines, preserve key evidence, and position claims for maximum compensation. Our team provides thorough case evaluation, strong negotiation with insurers, and litigation readiness when needed. Contact us promptly to review your statute of limitations truck accident timeline and safeguard your right to recover.

Contact us today for a Free Case Consultation!