The Library
Truck Accident Filing Deadline in Encino
truck-accident · By John K. Mazin, Attorney ·
Last updated
Rated 5.0 ★ from 262 Google reviews
California gives you two years from the date of a truck accident to file a personal injury claim under CCP §335.1, but government-entity claims require.
In California, you have two years from the date of a truck accident to file a personal injury lawsuit under Code of Civil Procedure §335.1. If a government entity or employee caused the collision, you must file an administrative claim within six months under Government Code §911.2. Property damage claims allow three years under CCP §338.
In California, you have two years from the date of your truck accident to file a personal injury lawsuit under Code of Civil Procedure §335.1. If a government entity or employee caused the crash, you must file an administrative claim within six months under Government Code §911.2. Property damage claims allow three years under CCP §338.
Key takeaways
- Personal injury claims must be filed within two years under CCP §335.1 in Los Angeles County.
- Government claims require notice within six months at Van Nuys Courthouse East on Sylmar Avenue.
- Truck crashes on the 101 and 405 through Encino often involve federal and state regulations.
- Dignity Health Northridge Hospital treats severe injuries that toll some filing deadlines temporarily.
Encino sits at the intersection of the Ventura Freeway (U.S. 101) and the San Diego Freeway (Interstate 405), two of the busiest truck corridors in Los Angeles County. Commercial vehicles move goods through Ventura Boulevard and White Oak Avenue daily. When a collision occurs, the clock starts immediately, and California's filing deadlines are strict and unforgiving.
Understanding which statute governs your claim—and when exceptions apply—can mean the difference between full recovery and losing your case entirely. This article explains every deadline that matters for Encino truck accident victims, the courthouse where you will file, and the hazards that make these deadlines critically important.
The two-year personal injury deadline under CCP §335.1
California Code of Civil Procedure §335.1 gives injury victims two years from the accident date to file a complaint in court. The clock begins the day the truck struck you on Balboa Boulevard or the 101, not when you finish treatment or discover the full extent of your injuries. If you miss the deadline, the defense will move to dismiss, and California courts grant those motions as a matter of law.
The two-year rule applies to bodily injury claims against private carriers, owner-operators, and trucking companies. It covers medical bills, lost wages, pain, suffering, and permanent disability. Property damage to your vehicle has a separate three-year deadline under CCP §338, but injury and property claims often arise from the same collision, so coordinate both filings carefully to preserve all rights.
The six-month government claim requirement under Gov. Code §911.2
When a city, county, or state vehicle causes your crash—or when dangerous road conditions on a publicly maintained section of Ventura Boulevard contributed—you must file a written claim with the responsible agency within six months under Government Code §911.2. This administrative step precedes any lawsuit. The agency has 45 days to respond; rejection or silence allows you to sue within six months of the denial or deemed rejection.
Government claims are common in truck accident cases because Caltrans maintains the 101 and 405, and Los Angeles County oversees many surface streets. Poor signage, faded lane markings, and unrepaired potholes can render a public entity liable. Missing the six-month window destroys your claim permanently, even if the two-year personal injury deadline has not yet passed, so identify every potential defendant early.
Tolling exceptions and when the clock stops
California law pauses the statute of limitations in narrow circumstances. If the victim is a minor under 18, the two-year clock does not begin until the child's eighteenth birthday. If the defendant leaves California and cannot be served, the absence tolls the deadline. Severe cognitive injuries treated at Dignity Health Northridge Hospital Medical Center may trigger tolling if the victim lacks capacity to understand the claim, though courts scrutinize such assertions closely.
Discovery-rule tolling rarely applies to truck collisions because the injury and its cause are usually apparent at the scene. Federal regulations require carriers to preserve electronic logging device data and maintenance records, but spoliation does not extend the filing deadline—it affects evidence sanctions, not the statute. Prompt investigation within weeks of the crash, not months, protects both evidence and your legal rights under CCP §335.1 and Gov. Code §911.2.
Local details
Truck accident lawsuits filed by Encino residents proceed in the Northwest District of Los Angeles Superior Court at Van Nuys Courthouse East, 6230 Sylmar Avenue, Van Nuys, CA 91401. You will file your complaint there once the two-year or six-month deadline approaches, pay the filing fee, and serve the defendants. The courthouse hears cases from across the northwest San Fernando Valley, including crashes on the 101, the 405, Ventura Boulevard, Balboa Boulevard, and White Oak Avenue.
Dignity Health Northridge Hospital Medical Center, an 18300 Roscoe Boulevard Level II trauma center in Northridge, treats catastrophic injuries from high-speed truck collisions on the nearby freeways. Emergency records from Northridge Hospital become foundational evidence in your claim, documenting injury severity and causation. Preserve those records immediately; medical billing and chart notes establish the timeline that determines whether you filed within the CCP §335.1 or Gov. Code §911.2 windows.
Frequently Asked Questions
What happens if I miss the two-year deadline?
The defendant will file a motion to dismiss under CCP §335.1, and the court will grant it. California courts lack discretion to excuse late filings absent tolling. You lose the right to sue, even if your injuries are severe and liability is clear. Filing on time is mandatory, not discretionary.
Does the deadline change if the truck driver was uninsured?
No. The statute of limitations runs regardless of insurance status. You still have two years to file suit under CCP §335.1. Uninsured motorist claims against your own carrier are subject to the same deadline. Lack of coverage does not extend the filing window or excuse delay in litigation.
Can I file a claim after settling with the trucking company's insurer?
Once you sign a release, you waive the right to sue that defendant. If you settled only a property claim, your injury claim remains open until the two-year CCP §335.1 deadline. Read every release carefully. Broad language extinguishes all claims, known and unknown, forever.
How do I know if a government entity is responsible for my crash?
Review the collision report filed by the California Highway Patrol or the Los Angeles Police Department. If the truck hit you because of a missing guardrail, obscured signage, or dangerous pavement on the 101 or 405, Caltrans may be liable. Consult counsel within weeks to identify every responsible party before the six-month Gov. Code §911.2 deadline expires.
Related reading
- Truck Accident Practice Area
- Encino Truck Accident Page
- Common Truck Accident Injuries in Los Angeles: Symptoms, Care, and Claims
- Who Is Liable for a Woodland Hills Truck Accident Besides the Driver?
- Why Truck 'Black Box' Data Disappears in Long Beach Cases
Sources
Talk to a Encino truck accident attorney
Our California personal injury attorneys offer a free, confidential case review. Call (800) 800-8910 any time, day or night, or request a free case review.
Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.