California Truck Accident Statute of Limitations
People hurt in accidents with commercial trucks have the right to pursue compensation from the person or party responsible for their injuries. However, California law limits how long an accident victim has to file a lawsuit. The rules can differ based on the circumstances of the case. Enlisting the help of a seasoned legal professional can help ensure that you do not miss your chance to secure the compensation you deserve.
At the Law Offices of Pius Joseph, we understand the complexities of state and federal trucking laws. With a thorough knowledge of California vehicle accident legal timeframes, we can offer peace of mind by filing your claim while you focus on your recovery. Call us today or contact us online for a free consultation with an experienced truck accident lawyer.
What is a Statute of Limitations?
A statute of limitations is a law that prevents legal action after a set period. In personal injury cases, the California truck accident statute of limitations bars an individual from filing a lawsuit against the at-fault party after the limitations period elapses.
Statutes of limitations serve two purposes:
- To prevent the defendant from the indefinite threat of legal action
- To ensure that the evidence remains fresh
The statute of limitations balances the at-fault party’s need for a legal resolution and the defendant’s right to certainty.
What is the Statute of Limitations for Truck Accident Claims in California?
In most cases, California’s statute of limitations requires truck accident victims to file suit against the responsible party within two years of the date of the crash. However, there are several exceptions to this rule. It is crucial to consult with a knowledgeable California truck accident attorney as soon as possible after a collision. They can assess your case to determine how much time you have left to file, develop a strategy to build a solid claim, and fight for full and fair compensation for your losses.
Exceptions to the Statute of Limitations for Truck Crashes
California’s two-year limitations period has several exceptions, including the following:
- Claims against government entities – California law requires you to provide a notice of claim if the negligent party in your truck accident case is a government agency. You have six months to file a lawsuit if your claim is denied or the agency fails to respond within 45 days. Additionally, you must follow unique procedures when initiating a claim against the government, so getting help from a knowledgeable attorney is crucial.
- Minors – If the injured individual is under 18, the clock does not start running until their 18th birthday. This exception does not apply to claims against a government entity.
- Exposure to toxic or hazardous material – Truck accidents sometimes result in exposure to hazardous cargo. This exposure may not immediately cause harm, but the victim may discover the injury at a later date. In such instances, the two-year limitations period begins when the victim becomes aware or should have become aware of the cause of the injury.
- Mental incapacitation – If the victim is unconscious, insane, or otherwise incapable of understanding their actions, the statute of limitations will be paused until the individual regains their mental capacity.
What Happens if I Miss the Deadline?
The court may permanently bar you from recovering compensation if you do not meet the filing deadline for your truck accident claim in a timely manner. This is why it is crucial to begin the legal process as soon as possible after a collision.
Does the Statute of Limitations Apply to Insurance Claims?
The statute of limitations for personal injury claims applies to lawsuits, not insurance claims. However, the limitations period can play a significant role in settlement negotiations.
Insurance companies know that the law cannot compel them to pay out a claim if the victim’s right to file a lawsuit has passed. For this reason, it’s essential to complete negotiations with the insurance adjuster well before the deadline if possible.
Keep in mind that the insurance company is unlikely to offer a fair settlement right away. If it refuses to make an offer covering your medical bills, lost wages, and other losses, your truck accident lawyer may recommend taking the case to trial. It takes time to prepare for trial, so acting promptly gives your attorney plenty of time to file a truck accident lawsuit and craft a compelling case for compensation.
How a California Truck Accident Attorney Can Help
In addition to identifying the relevant deadline and initiating legal action on time, a seasoned personal injury attorney can help you by:
- Investigating the truck accident to determine all liable parties, such as the truck driver or trucking company
- Calculating the total value of your losses
- Seeking the assistance of accident reconstruction specialists and medical experts to provide testimony supporting your case
- Negotiating aggressively with the insurance company to secure a fair settlement
- Taking the at-fault party to court if their insurer will not offer you maximum compensation
The Law Offices of Pius Joseph has three decades of experience handling truck accident cases. We will handle every aspect of your personal injury claim from start to finish.
Schedule a Free Consultation With Our Truck Accident Lawyer Now
If you suffered injuries in a California truck crash, a skilled attorney can help you ensure you do not miss your chance to seek the compensation you need. At the Law Offices of Pius Joseph, we have fought on behalf of injured Californians for over 30 years. Let us put our experience to work for you. Call or contact us today to schedule a no-obligation consultation with a Pasadena truck accident attorney.
