How long do I have to file a truck accident lawsuit in California?
In most cases, California law gives you two years from the date of the accident to file a personal injury lawsuit, under the California Code of Civil Procedure § 335.1.
However, there is a major exception: if a government entity is involved (for instance, if you were hit by a city-owned sanitation truck), you have only six months to file an initial administrative claim under California Government Code § 911.2. Because of these different deadlines, it’s always best to consult with a lawyer to determine the eligibility of your case.
What if the truck driver was an independent contractor?
Trucking companies sometimes try to avoid liability by classifying their drivers as independent contractors. However, the company may still be held responsible. For example, if it can be shown they were negligent in hiring a driver with a poor safety record or failed to ensure the driver was complying with federal safety regulations, they may be liable regardless of the driver’s employment status.
What happens if the trucking company is based in another state?
It doesn’t matter where the company is headquartered. If the accident happened in California, the case will be governed by California law. Trucking companies that operate across state lines are also subject to federal regulations and are required to have insurance that covers them nationwide. We are experienced in handling claims against out-of-state corporations.
