San Jose Truck Accident Statute of Limitations

Two Years Goes Faster Than You Think. Don't Let the Clock Decide Your Case.

California gives you a limited time to take legal action after a truck accident, and far less if a government vehicle is involved. Our San Jose attorneys make sure your claim is built and filed on time.

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A Deadline Can End a Strong Case

Truck crashes cause catastrophic injuries, and recovery takes time: surgeries, therapy, months away from work. It’s easy to assume the legal side can wait until you’re back on your feet. That assumption is how strong cases are lost.

In California, you generally have two years from the date of the crash to file a lawsuit. Miss that deadline, and a court will likely dismiss your case, no matter how severe your injuries or how clear the other side’s fault. Here’s what to know:

The general deadline is two years from the date of the accident
Claims involving a government vehicle can be due within just six months
Talking to an insurance adjuster doesn't take the place of filing
The evidence that proves your case can disappear long before the deadline

Truck claims take time to build. The sooner you start, the more options you have.

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How to Protect Your Filing Deadline

Write down the date of the crash.
Your two-year clock generally runs from that day.
Find out if a government vehicle or agency was involved.
A city truck or public road problem can mean a six-month claim deadline.
Get treatment and keep your records.
You don’t need to finish treatment before you talk to a lawyer; your records support the claim whenever it’s filed.
Don't wait on the insurer.
Negotiations can drag on. Settlement talks with an adjuster are not the same as filing a claim in court.
Talk to a lawyer well before the deadline.
Truck claims involve several parties and technical evidence; building them takes time.
Let us track every date.
We make sure everything is filed on time and your claim meets all legal requirements.

What's at Stake if You Miss the Deadline

Your compensation

Medical bills, vehicle repairs, lost wages, pain and suffering, emotional distress, and long-term healthcare costs, all of it depends on a timely claim.

Your leverage

Once the deadline passes, the insurer no longer has a reason to negotiate. A claim that can still go to court is the one they take seriously.

Accountability

A timely claim holds the driver and trucking company responsible for negligence such as improper maintenance or reckless driving.

Your evidence

Even within the deadline, logs, footage, and witnesses can disappear. Acting early protects both your right to sue and your ability to prove your case.

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How We Keep Your Case on Schedule

Trucking companies and their insurers have teams of attorneys working to minimize payouts, and time is one of their tools. The longer you wait, the more the evidence fades, and the closer you get to a deadline that ends your claim for good.

When you call us, we identify every party that may be responsible, including any government entity, and the deadline that applies to each. We start preserving evidence immediately, build your claim, and file on time. You won’t have to wonder where things stand: we offer personalized attention, and clients can text our main phone number to get updates and answers.

Filing a claim is about more than money. It holds negligent parties accountable, and it can push trucking companies to improve their safety measures. But only if it’s filed in time.

California's Truck Accident Filing Deadlines

Two years for personal injury

Under California Code of Civil Procedure § 335.1, you generally have two years from the date of the accident to take legal action.

Six months for government claims

Claims against a government entity, such as a city vehicle or a dangerously designed road, can require a claim within just six months.

Late cases are likely dismissed

Even with severe injuries, courts will likely dismiss a case that is filed too late.

Fault doesn't change the deadline

Under California’s pure comparative negligence rule, you can recover even if you were partly at fault, but only if you file on time.

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Truck Accident Statute of Limitations FAQs

How long do I have to file a truck accident lawsuit in California?

Generally two years from the date of the accident, under California Code of Civil Procedure § 335.1.

Is the deadline different if a government vehicle was involved?

Yes. Claims against a government entity, such as a city vehicle, can require a claim within just six months.

What happens if I miss the deadline?

A court will likely dismiss your case, even if your injuries are severe and the other side was clearly at fault. You would likely lose the right to compensation altogether.

Does negotiating with the insurance company stop the clock?

Don’t count on it. Talking with an adjuster is not the same as filing a lawsuit. If a fair settlement isn’t reached in time, your lawyer needs to file before the deadline.

Do I need to finish medical treatment before I contact a lawyer?

No. Call early. We can preserve evidence and build your claim while you recover, and file on time even if treatment is ongoing.

Why should I act now if I have two years?

Because truck claims take time to build and evidence disappears quickly. The trucking company’s records, camera footage, and witness memories won’t wait for the deadline.

What does hiring you cost?

Nothing upfront. We work on contingency; you pay a fee only if we recover for you.

Get Your Free, Confidential Case Review, 24/7

Your deadline started the day of the crash. Let us make sure it doesn’t end your case. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.

Call (408) 256-2871

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Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126