Truck Accident Filing Deadline in Los Angeles

By Payam Soliemanzadeh, Founder and President

Key takeaways

• Personal injury claims must be filed within two years under CCP §335.1 in Los Angeles.
• Government claims require six-month notice under Gov. Code §911.2 before filing at Stanley Mosk Courthouse.
• Interstate 10 and Interstate 5 are high-volume truck corridors through Los Angeles County.
• Severe injuries are treated at Los Angeles General Medical Center, the city's Level I trauma center.

Los Angeles handles more truck traffic than nearly any urban center in California. Interstate 5, Interstate 10, and U.S. 101 channel thousands of commercial vehicles daily through congested interchanges, while Figueroa Street and Wilshire Boulevard see steady delivery traffic. When a collision occurs, the clock starts immediately.

Understanding the statute of limitations protects your right to compensation. Both personal injury deadlines and government-claim rules apply in Los Angeles truck accident cases, and the difference between them can determine whether you recover anything at all. This guide explains how California law sets those timelines and what they mean for your claim.

The two-year statute of limitations for personal injury

California Code of Civil Procedure §335.1 gives you two years from the date of the truck accident to file a personal injury lawsuit at Stanley Mosk Courthouse. The two-year period begins the day the collision occurs, not the day you discover your injuries or finish medical treatment. If you file even one day late, the court will dismiss your case and you lose the right to sue the trucking company, the driver, or any other defendant.

This deadline applies to truck accident claims arising from driver negligence, equipment failure, overloaded trailers, fatigued driving, and similar causes. Property damage claims carry a separate three-year deadline under CCP §338, but because injury claims are more time-sensitive, attorneys focus on the shorter window. Courts enforce the two-year rule strictly, so waiting until year three is not an option.

The six-month government claim requirement

If your truck accident involves a public entity—a city-owned utility truck, a county vehicle, Caltrans maintenance equipment, or a dangerous road condition on a state highway—you must file an administrative claim with that entity within six months under Government Code §911.2. Only after the agency denies or ignores your claim may you proceed to Stanley Mosk Courthouse. Missing the six-month window extinguishes your right to sue, even if the two-year personal injury deadline has not yet expired.

Government claims are common on Interstate 5 and Interstate 110, where Caltrans maintains roadways, and on Olympic Boulevard, where the city controls traffic signals and pavement. The six-month period begins on the accident date. If the agency denies your claim, you then have six additional months to file a lawsuit. Because the procedural requirements are strict and unforgiving, early consultation with an attorney is critical whenever a public entity may share liability.

Exceptions and tolling rules

California law pauses—or "tolls"—the statute of limitations in limited circumstances. If the injured person is a minor under eighteen at the time of the collision, the two-year clock does not start until the child's eighteenth birthday. If the defendant leaves California permanently, the time spent outside the state may not count. Discovery-rule tolling is rare in truck accidents because the injury date is almost always clear, but it may apply if a hazardous condition caused by the trucking company was hidden.

Tolling does not apply to the six-month government claim deadline except in narrow cases involving minors. Courts construe tolling exceptions strictly. Relying on an exception without verifying that your facts meet the legal standard can result in a barred claim. The safest course is to treat every deadline as absolute and to initiate your claim promptly after the collision on Interstate 405 or any other Los Angeles corridor.

Local details

If settlement negotiations fail, you will file your truck accident lawsuit in the Superior Court of California, County of Los Angeles, Central District. Most cases originating in central Los Angeles are assigned to the Stanley Mosk Courthouse at 111 North Hill Street, Los Angeles, CA 90012, where judges manage complex personal injury litigation involving commercial carriers. Severe injuries from crashes on the Golden State Freeway, Santa Monica Freeway, or Harbor Freeway often require emergency care at Los Angeles General Medical Center, located at 2051 Marengo Street, Los Angeles, CA 90033. As a designated Level I trauma center, it treats the most critical truck collision victims in Los Angeles County. Medical records generated there become essential evidence when calculating damages. Because Los Angeles spans multiple high-volume truck routes—Interstate 5, Interstate 10, Interstate 110, U.S. 101, and Interstate 405—collisions involve interstate carriers subject to federal motor carrier safety regulations and California tort law. Coordinating investigation, medical documentation, and filing deadlines under both the two-year personal injury rule and the six-month government claim requirement demands attention to detail from the outset.

Frequently Asked Questions

What happens if I miss the two-year deadline?

The court will dismiss your case with prejudice, barring you from recovering compensation for medical bills, lost wages, pain, or any other damages. California courts enforce CCP §335.1 strictly. Even compelling reasons for delay—such as ongoing treatment—do not extend the deadline. Once the statute expires, the trucking company and its insurer have no legal obligation to pay you anything, regardless of fault.

Does the clock restart if I hire a lawyer later?

No. The two-year period under CCP §335.1 and the six-month government deadline under Gov. Code §911.2 both start on the accident date, not the date you retain counsel. Hiring an attorney later does not pause or reset the clock. Prompt consultation ensures that investigation, expert retention, and formal filing occur well before either deadline expires, preserving all claims and defenses available under California law.

Can I file a claim if the truck driver was never cited?

Yes. A police citation is evidence, but it is not required to bring a civil claim. You may file within the two-year period even if the California Highway Patrol issued no ticket. Liability in a truck accident lawsuit turns on negligence—whether the driver, carrier, or another party breached a duty of care—not on criminal or traffic citations. Your attorney will gather collision reports, electronic logging device data, and witness statements independently.

What if I was partially at fault for the collision on Wilshire Boulevard?

California follows pure comparative negligence, so you may recover damages even if you share fault. Your award is reduced by your percentage of responsibility. If a jury finds you twenty percent at fault and the truck driver eighty percent, you receive eighty percent of your total damages. The two-year filing deadline and six-month government rule still apply, regardless of comparative fault, so timely filing remains essential.

Related reading

• Truck Accident Practice Area
• Los Angeles Truck Accident Overview
• 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

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.