Truck Accident Statute of Limitations

Were You Recently in a Truck Accident? Let Us Help You Get the Compensation You Deserve

As more drivers find their way onto roads in California, more accidents will take place. While most will involve only passenger vehicles, others will involve large trucks. Sadly, when these circumstances occur, they result in life-threatening injuries or even deaths.

Whether drivers, passengers, or innocent bystanders happened to be in the wrong place at the wrong time, they’ll need substantial financial compensation to help pay their medical bills, replace wages lost from being unable to work, and pay for other damages as well. However, many are unaware of the statute of limitations for filing a lawsuit.

If you are an accident victim and need legal advice as to what to do next, speak to a Gutierrez Law personal injury lawyer in Los Angeles victims rely on for sound legal advice.

Truck Accidents in California

When speaking of truck accidents in California and how the state's statute of limitations applies to them, the answer will be found in the California Code of Civil Procedure. According to this, truck accident victims will have two years from the date of their accident to file a personal injury lawsuit against the party they deem to be responsible for their accident. While two years may sound like a long time, many accident victims find out the hard way that time can slip away very quickly. Therefore, rather than let your chance to gain financial compensation slip away, make sure you speak to an attorney as soon as possible following your accident.

What if a Victim Dies Due to the Accident?

If there are only injuries resulting from the accident, the statute of limitations starts counting down from the date of the accident itself. However, should a victim die later on from their injuries, California law dictates the statute of limitations for surviving family members will be two years from the date of the victim's death, rather than the date of the accident. The legal proceedings will not be as straightforward for a wrongful death lawsuit. It takes very detailed legal expertise from a truck crash lawyer in Los Angeles to help families gain crucial financial compensation.

Can I Sue for Vehicle Damage Only?

If you were involved in an accident with a large truck and walked away with only damage to your vehicle, consider yourself to be very lucky. In these situations, California law does allow you to sue for vehicle damage only if you so desire. If this is what you decide to do, the California Code of Civil Procedure gives you up to 36 months in which to file a claim against the at-fault driver.

What Happens if the Statute of Limitations Expires?

Even though you will undoubtedly have many things going on in your life following your truck accident, it is still crucial you remember the statute of limitations pertaining to your case. If you let the statute of limitations expire before you file a lawsuit, there is almost no chance your case will ever be heard by a court. While there are rare exceptions built into California law for these situations, they are almost never applied to these cases. Because of this, it will be extremely important for you to contact an attorney when situations such as this arise to avoid missing government mandated deadlines.

What if I'm Suing the State Government?

In some accidents where large trucks strike other vehicles or pedestrians, the person driving is a government employee. While this may seem as if it would make no difference in regard to you filing a lawsuit, it can actually make a significant difference in how your case is handled and ultimately resolved. Should you be struck by a government employee who was driving a large truck, special rules will apply. In these situations, you will be given only six months to provide the state with notice of your claim. Once this is done, the state then has a specified period of time in which it can respond to your claim. Due to these cases often taking far longer than most victims anticipate, hire a lawyer for truck-related injuries.

Gaining Much-Deserved Compensation

Once your lawsuit is filed, it is then all about trying to gain as much compensation as possible for your injuries and other damages. You will be given only one chance to gain the money needed to cover your medical bills, replace current and future lost income, and compensate you for vehicle damage as well as your pain and suffering.

Insurance Company Negotiations

Whenever a crash involves a large truck, insurance companies tend to hesitate in paying out large amounts of compensation to accident victims. Since insurance companies know victims in these cases suffered extensive injuries, they know the payout will be quite large.

To keep this from happening, they often make attempts to convince victims to accept immediate cash settlements that are embarrassingly low. Rather than be left with little compensation for your accident, put your case in the hands of an accident negotiation lawyer.

If you require compensation following your truck accident, do not sit back and allow the statute of limitations to expire. Instead, be aggressive in pursuing the compensation you deserve. To get started, consult with a legal professional that strives to get compensation they are entitled to.