How Long Do I Have to File a Truck Accident Claim in California?

In California, you generally have two years from the date of the accident to file a truck accident claim — a deadline that can pass quickly. This deadline is called the statute of limitations. Once it passes, you cannot get compensation through a lawsuit, and you’ll get far less or nothing from the insurers.

While dealing with physical and emotional trauma, it is crucial to take prompt action to secure the compensation you are entitled to. Talk with a Los Angeles truck accident lawyer as soon as possible after your accident. That will give them time to investigate your claim completely before they’re forced to file a lawsuit.

The Clock Starts Ticking: When Does the Filing Period Begin?

When a truck accident occurs, the clock starts ticking, and it’s essential to understand when the filing period begins. The filing timeline starts from the date of the accident, and it’s crucial to keep track of every detail. 

The evidence you may need to collect includes:

• Accident reports
• Medical records
• Repair estimates
• Witness statements
• Police reports

By the time you recover from your accident, many of these documents may be too difficult to get. However, by hiring a lawyer early, they can get to work collecting the evidence needed to file a lawsuit while you recover.

With that evidence, your lawyer can approach the insurers to fight for a fair settlement without going to trial. This will help you get your money far faster.

Exceptions to the Statute of Limitations

While you normally have two years from an accident date to file a truck accident claim in California, the law provides exceptions to the standard statute of limitations for minors and mentally incapacitated individuals involved in truck accidents, granting them more time to file a claim. 

The statute of limitations is tolled, or paused, until the minor turns 18 or the mentally incapacitated individual regains capacity. It is paused because both classes of people are not allowed to start legal proceedings on their own.

Another way it can be paused is if the defendant hides or leaves the state. A potentially guilty person cannot stay on the run until the deadline has passed and then return. They still need to face up to your claim.

Wrongful Death Claims

Another exception is in wrongful death claims for truck accidents. If someone who had grounds for filing a lawsuit dies, the deceased’s estate representative can pursue a wrongful death claim. For truck accidents, that deadline is two years after the death.

These extended deadlines provide critical protections for families who may be unable to advocate for themselves due to their circumstances. Our firm can help you if you need to pursue a wrongful death claim after a truck accident.

What Happens If I Miss the Filing Deadline?

If you miss the deadline for filing a truck accident claim in California, you’ll be barred from pursuing your claim, and the at-fault party will be let off the hook.  You’ll be stuck with the bills, lost wages, and pain, all because you didn’t meet the filing deadline. You may also face further financial consequences to your credit if you cannot pay. 

This deadline exists because of the U.S. Constitution. We have a right to a speedy trial, and the statute of limitations forces people with claims to act before the evidence gets too old or cannot be found to reach a just conclusion.

Evidence May Disappear

Prompt action is vital in truck accident claims because evidence is fragile and can be lost or destroyed if not preserved immediately. This can significantly weaken your case, making it harder to prove liability and fault. 

The legal significance of prompt action cannot be overstated. Delaying can lead to:

• Evidence being lost or destroyed, making it harder to build a strong case
• Witnesses’ memories fading, making their testimonies less reliable
• The longer you wait, the more likely you are to accept a lowball settlement offer from the insurance company

Work With a Lawyer to File Your Truck Accident Claim in California

Seeking legal guidance from J&Y Law is a crucial next step in your truck accident claim. With their dedicated team on your side, you can rest assured that your needs will be prioritized, and you’ll receive the compensation you deserve, as they guarantee a commitment to fighting for your rights.

We’ll guide you through the claim process and handle all communication with insurance companies and other parties involved. Our firm also advances all costs so you can focus on your recovery, not on medical bills or other expenses.

You only have two years to file your truck accident claim in California. Don’t wait until it is too late. To discuss your case, contact J&Y Law for a free consultation. We’ll help you get your case started so you won’t have to worry about legal deadlines that could keep you from getting what you’re owed.