Involved in a collision with a commercial truck in California? If you suffered injuries, you have a limited window to pursue financial compensation by filing a truck accident lawsuit. This article explores California’s statute of limitations for truck injury claims and what victims should know about deadlines.
What is the Statute of Limitations For?
The statute of limitations refers to the timeframe you have to file a lawsuit seeking compensation after a truck accident in California. For personal injury claims, you typically have two years from when the accident happened to file a lawsuit.
This two-year window is important because it can take time to fully grasp the severity and complete financial costs of an accident. Immediately after a collision, you may still be evaluating injuries, deciding if you need surgery, undergoing treatment, or tallying all accident-related expenses. The two-year mark ensures you have sufficient time to build a claim before the court deadline.
The statute of limitations also promotes timely evidence collection and protects defendants from overly delayed claims. Memories fade, documentation gets lost, and prompt claims allow quicker resolutions.
What Happens if You Miss the Statute of Limitations?
If you fail to file a truck accident lawsuit within two years, you forfeit your legal right to seek compensation. At the two-year-and-one-day mark, the at-fault party has a complete defense against your claim.
Unfortunately, many accident victims miss this critical deadline while still coping with accident injuries or not realizing the extent of financial damages. They choose to move forward with a claim after two years, only to have it dismissed due to the expired statute of limitations.
Once you cross the deadline, you cannot revive or pursue your claim any further. Your only available recourse would be to file a lawsuit alleging your personal injury attorney committed malpractice by failing to file your claim on time. However, meeting the high-proof requirements for legal malpractice cases poses additional challenges.
Are There Any Exceptions?
In some scenarios, you may qualify for an extended filing deadline beyond the two-year statute of limitations:
If the Accident Victim is a Minor
Children under 18 typically have until their 20th birthday or two years after reaching adulthood to file. This ensures young accident victims do not lose rights while still legally dependent.
If the Injured Party is Incapacitated
Those deemed mentally incompetent or physically incapacitated have two years from the date they regain the capability to file, no matter how long their recovery takes.
If the Claim Involves Wrongful Death
Families filing wrongful death suits related to a truck collision have two years from the date of death to pursue damages.
Other Legal Deadlines to Note
While personal injury claims have a two-year statute of limitations, injured parties face other important California truck accident deadlines including:
- Claims against a Governmental Entity/Employee have a shorter statute of limitations (generally 6 months from the date of the crash)
Strict deadlines govern critical legal, medical, and motor vehicle accident reporting processes tied to truck collisions. An experienced attorney can help advise accident victims on pertinent laws and optimal timing to protect their interests. Consulting with legal counsel shortly after any truck crash helps ensure victims understand their legal options and do not let their rights lapse.
How to Choose a Truck Accident Lawyer in California
Suffering injuries in a truck collision can derail your life physically, emotionally, and financially. While no amount of money can undo the trauma, hiring the right truck accident lawyer can help you secure the maximum compensation to cover damages. As you search for legal representation, keep these tips in mind:
Check Experience Handling Truck Cases
Truck crashes differ from standard car accidents in scale and complexity. Find an attorney well-versed in the unique legal intricacies tied to commercial carriers and federal regulations. Ask prospects about prior trucking case results.
Verify Resources to Take on Large Companies
Powerful trucking corporations and insurance companies all have savvy legal teams defending their interests. You need an attorney with the financial capability, staff, and clout to stand up against corporate defense tactics.
Select Someone Local to the Incident
Understanding specific state trucking laws is key, so finding a locally-based attorney licensed in your state is paramount. Closer proximity also enables a greater ability to collect police reports, access evidence, speak with witnesses, visit the scene, and handle details face-to-face.
Assess Willingness to Go to Trial
While most injury lawsuits settle out of court, having a lawyer ready to take the case to trial is vital leverage during negotiations. Be wary of attorneys quick to settle rather than litigate for fully deserved damages. Ask about their appetite for court battles if needed.
Gauge Connections with Local Legal and Medical Experts
A formidable legal network in your area including other attorneys, physicians, accident reconstructors, and more can bolster your case. Look for a respected truck accident injury lawyer other practitioners turn to and defer to themselves.
Confirm Availability and Responsiveness
The best personal injury attorney has limited time and resources to dedicate to a select number of cases. Seek out a law professional vigilant about client contact and questions, not overburdened with an impossible caseload.
The right truck accident lawyer has the experience, assets, reputation, and resolve to help accident victims maximize compensation for injuries and losses. Speak to the experts at Karns & Karns Truck Accident Attorneys today. We have offices in California, Texas & Nevada.
