Question

How long after a trucking accident can I sue in California?

Yoshiaki Kubota

Answered by:
Yoshiaki Kubota

Located in Irvine, CA
Kubota & Craig, PC

Yoshiaki Kubota - Personal Injury - General - Super Lawyers

Answered by: Yoshiaki Kubota

Kubota & Craig, PC
Irvine, CA
Phone: 949-234-7429
Fax: 949-218-5679

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Answer

You typically have two years following a trucking accident to sue for personal injury or wrongful death in California. Otherwise, the court could reject your claim. Before filing a lawsuit, an attorney must thoroughly investigate your accident to ensure you have a strong case. The time limit to file a lawsuit usually begins from the date of your accident, so it is crucial that you speak with an attorney as soon as possible so you can start the compensation and recovery process. 

Trucking accidents are more complex than a typical car crash. A two-year period seems like a long time to file a claim, but because the investigation and claims processes are complex, this time can go by quickly. An attorney who is qualified to take your trucking accident claim will understand the complexities of your case and should have the skill to manage your affairs with your insurance company. 

Speak To An Attorney Before You File A Claim With The Insurance Company 

An insurance company may try to settle your claim out of court so they can avoid paying you what you deserve. They do not want to pay you because trucking accidents are more expensive than a normal car accident. While an insurance company could try to minimize the amount they pay you, an attorney will pursue maximum compensation on your behalf. In almost all cases, an attorney will take your claim for a small fee, and you will not be responsible for the attorney’s fees unless you win. 

How Trucking Accidents Are Different 

An accident involving a large truck is more likely to result in severe injury or death than a normal passenger vehicle crash. These injuries can have long-lasting effects on your ability to provide for your family and enjoy a healthy lifestyle. Medical bills, funeral expenses, insurance costs and missed time at work add up quickly, but you can recoup these costs by filing a lawsuit. 

The key to a strong case rests in the evidence itself. When investigating your claim, your attorney will help you gather evidence such as photos, eyewitness testimony, police reports and insurance information. However, evidence can spoil quickly because trucking companies will try to hide evidence and avoid doing their part to contribute to a good outcome for you. 

Trucking companies try to avoid responsibility because they are more worried about their bottom line than your recovery. They have experienced attorneys on their side. They will act quickly to protect themselves after a crash, which could result in less compensation for you if you do not respond in kind. 

Trucking Companies Will Take Aggressive Action To Avoid Your Claim 

Part of the difficulty in suing a trucking company rests in determining liability. Any number of people can be held responsible for the accident including the truck driver or the trucking company itself. It is not as easy as getting an insurance card from the other driver and calling their agent. Trucking companies will use this complicated process to their advantage against you. An experienced attorney will protect you from falling for these tricks. 

If you or someone you know has been involved in a trucking accident, contact an attorney as soon as possible, so the two-year statute of limitations does not expire before your claim is properly investigated.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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