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In California, you generally have two years from the date of the truck accident to file a personal injury lawsuit. That deadline comes from California Code of Civil Procedure Section 335.1. But truck accident cases often involve several defendants and deadlines. Claims against government entities have much shorter deadlines. Act promptly, because trucking companies send rapid response teams to accident scenes and evidence must be preserved right away. Attorney Damoun Yazdi at The Accident Network Law Group handles time-sensitive truck accident cases throughout Southern California.
Key Takeaways
- The standard California statute of limitations for personal injury claims is two years from the date of injury (CCP Section 335.1)
- Claims against government entities (city, county, Caltrans, or government-owned trucks) require a tort claim within six months under Government Code Section 911.2
- Trucking companies often send rapid response teams to accident scenes to gather evidence favorable to their defense
- Evidence preservation letters must be sent immediately, since federal rules only require carriers to retain electronic logging device data for six months
- Do not wait to consult an attorney; the two years is much shorter than it appears when building a truck accident case
The Two-Year Statute of Limitations
California Code of Civil Procedure Section 335.1 establishes a two-year statute of limitations for personal injury claims. The clock starts running from the date of the truck accident. Missing this deadline permanently bars your lawsuit regardless of the strength of your evidence or the severity of your injuries.
While two years may seem like ample time, truck accident cases require extensive investigation, expert analysis, and evidence gathering that takes months. By the time you have a complete medical picture of your injuries (which may require reaching maximum medical improvement), identified all liable defendants, obtained all relevant records, and retained expert witnesses, the deadline may be much closer than you anticipated.
Government Entity Truck Cases: Six-Month Deadline
If the truck that caused your accident was operated by or for a government entity, a significantly shorter deadline applies. Caltrans trucks, city sanitation vehicles, county maintenance trucks, public transit buses, and other government-operated vehicles are subject to the Government Claims Act (Government Code Section 911.2), which requires an administrative tort claim be filed within six months of the injury.
This six-month deadline is strictly enforced. Missing it by even one day bars your lawsuit against the government entity, with very limited exceptions.
The government entity’s trucks may also include contracted vehicles where a private trucking company performs government work. Your attorney must investigate the ownership and operational control of the truck to determine if the government entity deadline applies.
Why Evidence Preservation Is Urgent
Trucking companies employ legal teams and often hire specialized accident reconstruction firms who arrive at the scene within hours of a major crash. Their goal is to gather evidence favorable to the trucking company and create a record before conditions change or evidence is lost.
The truck’s electronic logging device (ELD) records hours of service, speed, braking, and other operational data. This data is often stored only for a short period before being overwritten. The truck’s black box (event data recorder) captures the moments before impact. Driver qualification files, drug and alcohol test records, and maintenance logs are all discoverable in litigation but must be preserved promptly.
Attorney Yazdi’s team sends spoliation (evidence preservation) letters to the trucking company within 24 hours of being retained, requiring them to preserve all relevant evidence. This urgency exists because federal rules (49 CFR Section 395.8(k)) require motor carriers to retain electronic logging device records and supporting documents for only six months from the date of receipt, after which the data can be lawfully overwritten. A prompt preservation letter, and a subpoena if necessary, gives your attorney a legal basis to demand the records before they are lost and to seek sanctions if the trucking company destroys them anyway.
Key Documents in Truck Accident Cases
The truck driver’s ELD data and hours of service records establish whether the driver was violating FMCSA rest requirements (49 CFR Part 395). The truck’s maintenance and inspection records show whether the vehicle was in compliance with safety regulations (49 CFR Part 396). Drug and alcohol test results for the driver following a qualifying accident (49 CFR Part 382). The driver’s employment file including driving history, training records, and prior violations. The trucking company’s safety rating from the FMCSA Safety Measurement System.
California Laws Relevant to Truck Accident Claims
California Code of Civil Procedure Section 335.1 sets the two-year statute of limitations. Government Code Section 911.2 requires a six-month tort claim for government entity cases. FMCSA regulations (49 CFR Parts 390-399) impose specific duties on trucking companies. California follows pure comparative negligence (Li v. Yellow Cab Co., 1975). California Vehicle Code Section 16056 (amended by SB 1107, effective January 1, 2025) sets minimum auto insurance at $30,000/$60,000/$15,000, while commercial trucks are subject to higher FMCSA minimums.
Nicky C
I can't explain in this short review how much Damoun and his team mean to us, but I'll try. My husband was in a near fatal motor cycle accident. He was T-boned by a pick up truck 4 months after we had our baby girl. The stress, fear and sadness I felt could not be measured I had no idea what to do or what happened. I'm so lucky we connected with Damoun and his group. It was a weekend and of course he was working lol. They really took care of us and put our minds at ease. The care and love they give their clients is unreal and I still can't believe how lucky we were to find them. Please if you need help, want someone who cares and will work for you this is the group. Damoun Yazdi you are amazing and so is your group we love you guys. Thank you for changing our lives for the better and for caring.
Contact a California Truck Accident Attorney Immediately
If you were injured in a truck accident, contact Attorney Damoun Yazdi at The Accident Network Law Group immediately. His team can send evidence preservation letters within 24 hours and begin the investigation that protects your claim before critical electronic logging device data is lawfully overwritten. Free consultations, contingency basis: you owe nothing unless we recover compensation for you. Our team serves Riverside, Costa Mesa, Rancho Cucamonga, Apple Valley, Victorville, Bakersfield, and throughout Southern California. Se habla espanol.
Legal Disclaimer
This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.