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Truck Accident Filing Deadline in Long Beach
truck-accident · By John K. Mazin, Attorney ·
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California law gives you two years from the date of a truck accident to file a personal injury lawsuit under CCP §335.1, but government-entity claims require.
Under California Code of Civil Procedure section 335.1, you have two years from the date of the truck accident to file a personal injury lawsuit. However, if a government entity is responsible—such as a city or county agency—you must file a claim within six months under Government Code section 911.2. Property damage claims have a three-year deadline.
Key takeaways
- Two-year deadline for personal injury claims under CCP §335.1; six months for government-entity claims under Gov. Code §911.2.
- Governor George Deukmejian Courthouse at 275 Magnolia Avenue in Long Beach hears these lawsuits in Los Angeles County.
- Interstate 710 and Interstate 405 see heavy commercial traffic, creating frequent crash sites with immediate deadline implications.
- MemorialCare Long Beach Medical Center provides Level II trauma care; treatment records establish injury documentation needed for claims.
Long Beach sits at the convergence of the Interstate 710 Long Beach Freeway, Interstate 405 San Diego Freeway, and State Route 91 Artesia Freeway. These corridors carry tens of thousands of commercial trucks daily to the Port of Long Beach. When a collision occurs on the 710 near Atlantic Avenue or the 405 approaching Pacific Coast Highway, the clock starts immediately.
The two-year personal injury deadline under CCP §335.1 applies to most truck accident claims, but exceptions can shorten your window drastically. Government-entity involvement triggers the six-month rule. Understanding which deadline governs your Long Beach truck accident case determines whether you can pursue compensation at all.
The two-year statute of limitations for personal injury
Code of Civil Procedure section 335.1 gives you two years from the collision date to file a lawsuit for bodily injury. This deadline applies whether the truck driver, the trucking company, the cargo loader, or a maintenance contractor caused the wreck on Ocean Boulevard or the 91. Courts dismiss complaints filed even one day late, and judges rarely grant exceptions.
The two-year clock runs from the date of the accident, not the date you discover the injury or finish medical treatment. If you were struck on March 10, 2023, your deadline is March 10, 2025. Property damage claims follow a separate three-year deadline under CCP §338, but personal injury and wrongful death claims cannot wait. Preserve your right by filing before the statute expires at Governor George Deukmejian Courthouse.
The six-month government claim requirement
When a government entity shares liability—such as the City of Long Beach for a pothole on Atlantic Avenue that caused a truck to swerve, or Caltrans for missing guardrails on the 710—you must submit a formal administrative claim within six months under Government Code section 911.2. The agency has 45 days to respond. Only after rejection or deemed rejection may you file suit, still within two years of the accident.
Missing the six-month window almost always bars your claim permanently. Courts may allow late claims only in narrow circumstances, such as physical incapacity or minority. Government-entity exposure often overlaps with private-carrier liability, so identifying every responsible party early protects your recovery. A thorough liability investigation matters as much as meeting the deadline.
Why you should act sooner than the statute allows
Trucking companies and insurers begin defending immediately. Critical evidence—electronic logging device data, onboard video, maintenance logs—may be overwritten or destroyed within weeks unless formally preserved. Witnesses forget details, skid marks fade, and repair shops discard damaged parts. Waiting 18 months to consult counsel often means arriving after the most persuasive proof is gone.
Early action also allows time to document injuries fully. Severe injuries treated at MemorialCare Long Beach Medical Center—spinal fractures, traumatic brain injuries, internal bleeding—may require months of evaluation before doctors understand permanent impairment. Filing prematurely can undervalue your claim; waiting until the eve of the deadline leaves no room to gather records, retain experts, or negotiate. Start the process within weeks, not months.
Local details
If you file suit, your case will be heard at Governor George Deukmejian Courthouse, 275 Magnolia Avenue, Long Beach, CA 90802, which serves the South District of Los Angeles Superior Court. Complaints must comply with California Rules of Court and local rules for Los Angeles County. You will attend case management conferences, mandatory settlement conferences, and potentially trial at this courthouse.
Long Beach's major truck routes—Interstate 710, Interstate 405, State Route 91, Pacific Coast Highway, Atlantic Avenue, and Ocean Boulevard—see collisions involving port-bound containers, hazardous materials, and oversized loads. Crashes on these corridors often require emergency transport to MemorialCare Long Beach Medical Center at 2801 Atlantic Avenue, a Level II trauma center. Treatment records from this facility become critical evidence of injury severity and causation, tying your medical damages directly to the collision date that starts your statute clock.
Frequently asked questions
Does the two-year deadline change if the truck driver left the scene?
No. Code of Civil Procedure section 335.1 runs from the accident date regardless of whether the driver fled or remained unidentified. You still have two years to file suit once you identify the defendant. Hit-and-run collisions may implicate your own uninsured-motorist coverage, which California insurers must offer under state law.
What if I was a passenger in the truck, not another vehicle?
The same deadlines apply. Passengers injured in commercial trucks may sue the trucking company, the driver, or other negligent parties. CCP §335.1 gives you two years from the collision. If the truck was government-owned—such as a city sanitation truck—the six-month administrative claim under Gov. Code §911.2 applies before any lawsuit.
Can I reopen a claim if my injuries worsen after the two years?
Generally no. The statute runs from the accident date, not the date you discover the full extent of harm. Courts recognize a narrow "discovery rule" for latent injuries caused by toxic exposure, but not for worsening symptoms of known trauma. Settle or file suit before the deadline expires, accounting for potential future deterioration.
Does the deadline pause while I negotiate with the insurance company?
No. Settlement talks do not toll the statute. Insurers often delay offers until the eve of the deadline, hoping you lose leverage. If negotiations stall, file suit to preserve your claim. You may continue settlement discussions after filing, but missing the deadline because you trusted the adjuster's assurances leaves you with no recourse.
Related reading
- Truck Accident Practice Area
- Long Beach Truck Accident Attorney
- Why Truck 'Black Box' Data Disappears in Long Beach Cases
- Common Truck Accident Injuries in Los Angeles: Symptoms, Care, and Claims
- Who Is Liable for a Woodland Hills Truck Accident Besides the Driver?
Sources
Talk to a Long Beach 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.