When you or someone you love is hurt in a truck accident, it can feel like your world has been turned upside down. In the days and weeks that follow, you may find yourself facing a mountain of medical bills, trying to manage pain or emotional distress, and struggling to return to work or care for your family.
All the while, one critical question may be hanging in the back of your mind: How long do I have to take legal action?
In California, the law sets a strict time limit, known as the statute of limitations, for how long you have to file a claim after a truck accident. Understanding how this deadline works—and what it means for your right to seek compensation—is a crucial first step on the road to recovery. A Bakersfield truck accident lawyer can help you navigate this process and ensure your claim is filed within the legal timeframe.
Unfortunately, too many people learn about the statute of limitations after the deadline has passed, leaving them unable to pursue justice or hold the responsible party accountable.
This blog discusses the statute of limitations, how it applies specifically to truck accidents in California, and what steps you need to take to protect your rights.
What Is the Statute of Limitations for Truck Accidents in California?
In the wake of a serious truck accident, many people are overwhelmed by medical care, vehicle repairs, missed work, and emotional stress. Yet, the clock starts ticking from the moment the accident happens. If you wait too long to take action, even the strongest case can be dismissed simply because of the timing.
That’s why it’s so important to reach out to an attorney early, especially if you’re dealing with a crash involving a semi-truck, 18-wheeler, or another large commercial vehicle in Kern County.
The legal term for this time limit is the statute of limitations. In California, the statute of limitations for most personal injury cases, including those involving truck accidents, is two years from the date of the incident.
If you don’t file a civil suit within that two-year window, the court will almost certainly dismiss your case. Even if you have strong evidence or suffered devastating injuries, your right to recover damages will likely be gone.
It’s also worth noting that simply talking to an insurance adjuster or starting a claim informally doesn’t extend the deadline. The only way to preserve your right to compensation is to file a formal lawsuit within the statute of limitations.
Exceptions to the Statute of Limitations
Certain types of claims have even shorter deadlines. For example, if the truck involved was operated by a government agency or municipal entity, you may have as little as six months to file a claim under special rules for public entities.
This is especially relevant for accidents involving garbage trucks, city utility vehicles, or road maintenance vehicles—anything owned or operated by the city of Bakersfield, Kern County, or a California state agency. In these cases, the rules change significantly, and you need to contact an attorney immediately.
Unfortunately, trucking companies and insurance carriers are well aware of these deadlines. In fact, some of them count on victims not understanding their rights and waiting too long. Delays give them the upper hand, allowing them to avoid responsibility altogether.
A common exception to the statute of limitations involves minors. California law typically “tolls” or pauses the statute of limitations until a child’s 18th birthday. This means the two-year clock doesn’t start running until the child becomes a legal adult.
Another exception is the delayed discovery rule. This applies when someone doesn’t realize right away that they’ve been injured or that the accident caused their injury.
This can happen with internal injuries, brain trauma, or conditions that take time to diagnose. In such cases, the statute of limitations may begin on the date the injury was—or reasonably should have been—discovered.
In rare cases, the statute may be paused if the injured person is mentally incapacitated—meaning they are unable to understand or manage their affairs due to the injury or a related condition. This is often evaluated on a case-by-case basis and requires medical documentation.
There’s also an exception if the at-fault party leaves the state. If the truck driver or company responsible for the accident cannot be located because they’ve moved or disappeared, California may pause the statute of limitations until they return.
Why You Should Seek Legal Help Immediately
While two years may sound like a lot of time, when you’re dealing with a serious injury, it can pass quickly—especially if you’re recovering from surgeries, attending rehab, or struggling to get back on your feet financially.
Beyond the legal deadline, there are practical reasons why acting sooner rather than later is important. Truck accidents often involve multiple parties—not just the driver but also the trucking company, the company that loaded the cargo, and even manufacturers of faulty parts.
The longer you wait, the harder it becomes to gather critical evidence and identify who is legally responsible. Witnesses may forget details. Dashcam or surveillance footage may be deleted. Vehicles might be repaired, destroying proof of mechanical failure.
Insurance companies know these facts, and it’s common for trucking companies and insurers to delay the claims process on purpose, hoping that injured people will give up or simply run out of time. They may ask for endless documentation, delay returning calls, or offer lowball settlements just to close the case quickly and cheaply.
If you’ve been contacted by an insurance company after a crash in Kern County, remember this: they are not on your side. Their goal is to protect their bottom line. An attorney can go to bat for you, providing critical insight on what to do and advising you against the tricks and tactics of insurance companies.
How Truck Accident Claims Differ from Other Injury Cases
Not all vehicle accidents are created equal. When it comes to crashes involving large trucks—such as 18-wheelers and other commercial vehicles—the process of pursuing a claim is often far more complex than a standard car accident case.
Truck accident claims often involve different rules, different responsibilities, and, in many cases, much more serious consequences.
One of the most noticeable differences is the severity of the injuries. Commercial trucks are massive—often weighing 20 to 30 times more than the average passenger vehicle. When these trucks collide with smaller cars, the damage can be catastrophic.
People involved in these crashes often suffer life-altering injuries: spinal cord damage, traumatic brain injuries, broken bones, burns, and more. Recovery may take months or even years, and some people are left with permanent disabilities.
This higher level of harm means that claims often involve larger amounts of compensation, and insurance companies are more likely to fight back hard. They may deny responsibility, delay communication, or try to shift the blame to avoid a significant payout. The more money at stake, the more resistant these companies become.
Truck accident cases also tend to involve multiple responsible parties. In a standard car accident, you usually deal with the driver and their insurance company. However, in a truck accident, the truck may have been owned by one company, operated by another, maintained by a third, and loaded by a fourth.
Any one of these parties could have contributed to what went wrong, and a lawyer can help you seek damages from the proper parties.
Commercial trucks are regulated by both California and federal law. These regulations include rules about how many hours a driver can be behind the wheel, how maintenance must be logged, and how loads should be secured.
In a truck accident, valuable evidence might include the driver’s logbooks, onboard GPS or telematics data, black box recordings, truck inspection reports, and company safety records.
In addition, many trucking companies carry commercial insurance policies with much higher limits than personal car insurance. While this might seem like a positive, it often leads to more aggressive tactics by insurance adjusters, who are highly trained in defending against claims.
What Damages Can You Recover in a Truck Accident Claim?
When you’ve been injured in a truck accident, the impact often goes far beyond the initial crash. Medical bills start adding up quickly. You may be forced to miss work or change jobs entirely.
The damages you may be able to recover in a California truck accident claim can include:
- Medical expenses: This includes everything from emergency care and ambulance transport to hospital bills, surgeries, prescription medications, physical therapy, and long-term rehabilitation. Future treatment expenses, such as follow-up visits, mobility assistance, or home adaptations, might also be covered.
- Lost wages and earning capacity: If your injuries have prevented you from working, you may be entitled to recover lost income. If your ability to work has been permanently affected, you may also seek compensation for future loss of earning capacity.
- Pain and suffering: These damages reflect the physical and emotional toll the accident has taken on your life. They may include chronic pain, loss of mobility, sleep disruption, anxiety, and reduced enjoyment of daily activities.
- Emotional trauma: California does allow emotional distress damages, such as post-traumatic stress or depression, but only if they are connected to a physical injury.
- Property damage: You can pursue compensation for the repair or replacement of your vehicle and any other property damaged in the crash.
- Wrongful death damages: In fatal accidents, surviving family members may seek compensation for funeral and burial expenses, loss of financial support, and the emotional loss of companionship.
Steps To Take If You’ve Been Injured in a Truck Accident in Kern County
Be cautious about discussing the accident with the truck driver, the trucking company, or any insurance adjusters who reach out to you. These conversations may be recorded or used to downplay your claim. It’s best to let an attorney speak on your behalf, so reach out to a Bakersfield lawyer as soon as you can.
Keep track of everything related to your recovery—doctor visits, medications, time off work, and how your injuries are affecting your daily life. Write things down, and keep your related receipts and paperwork. This information paints a fuller picture of your losses and helps support your case.
In Kern County, truck accidents can be especially devastating due to the volume of freight traffic moving through Bakersfield on Highway 99 or State Route 178. It’s important to work with someone who understands the local roads, medical providers, and legal landscape.
Frequently Asked Questions
What Happens if I Miss the Deadline To File a Claim?
If you miss the statute of limitations, your case will likely be dismissed. That means you lose your chance to receive compensation—no matter how strong your evidence may be.
What if the Accident Involved a Government Truck?
If the vehicle that hit you was operated by a public agency, such as a Bakersfield truck or Kern County vehicle, you may have only six months to file an administrative claim.
Can I File a Claim if I Didn’t Feel Hurt Right Away?
Some people feel okay following a crash, only to experience serious symptoms later. If you discover the injury after the accident, the timeline to file may begin when the injury was reasonably discovered.
Does the statute of limitations change if a family member dies in the crash?
Yes. Wrongful death claims in California also carry a two-year statute of limitations, but the timeline usually begins on the date of the person’s death.
What if I’m Not Sure Who Was at Fault?
Uncertainty about fault is common, but that doesn’t stop the clock. If you suspect the truck driver or company might be responsible, it’s best to talk with an attorney so they can start investigating right away.
Why Choose the Law Offices of Mickey Fine
When you’re dealing with the aftermath of a serious truck accident, you don’t just need legal help—you need someone who truly understands what you’re going through. At the Law Offices of Mickey Fine, I’ve been helping truck accident victims in Bakersfield and throughout Kern County for more than 30 years.
Mickey Fine knows how devastating these accidents can be and will walk beside you every step of the way. As a seasoned Bakersfield personal injury lawyer, he oversees every case that comes through our doors. From day one, you’ll have an experienced Kern County advocate who listens to your story, fights for your needs, and keeps you informed every step.
Call today at (661) 333-3333 for your free confidential consultation. I’ll review your situation, explain your options, and help you make the decision that’s right for you.