The truck accident statute of limitations in California appears to be 2 years from the date of the crash (Cal. Code Civ. Proc. § 335.1). Wrongful death generally runs 2 years from the date of death. If a government vehicle or entity was involved, formal written notice is generally required first, on its own clock: 6 months. The evidence clock is shorter than all of them.
Before you rely on these numbers
The statutory figures on this page have not yet been verified against current statute text by a licensed attorney. They are published with their citations so they can be checked, and they should be treated as a starting point for a conversation with a California lawyer — not as a legal conclusion. Statutes change: Florida cut its personal injury period in half in 2023 and Louisiana doubled its own in 2024.
Your deadlines in California, calculated
Enter the date of your crash and the tool below will work out both clocks — the legal filing deadline and the much shorter window before the proof can be destroyed. California is already selected. Nothing you type is sent anywhere.
What makes California different
California's two-year deadline is not the trap. The six-month government claim is. With Caltrans, county transportation authorities, transit districts and school districts operating enormous vehicle fleets, a California truck crash has a realistic chance of involving a public entity — and California's tolling statute for minors does not extend that six-month claim the way it extends the ordinary period. A child's claim against a public entity can expire while their ordinary clock is still paused.
The four California deadlines that matter
| Deadline | Period | Runs from | Citation |
|---|---|---|---|
| Personal injury lawsuit | 2 years | the date of the crash | Cal. Code Civ. Proc. § 335.1 |
| Wrongful death claim | 2 years | the date of death | Cal. Code Civ. Proc. § 335.1 |
| Notice — state entity | 6 months | the date of the crash | Cal. Gov. Code § 911.2 |
| Notice — city, county or district | 6 months | the date of the crash | Cal. Gov. Code § 911.2 |
Claims against a government entity in California
The shortest government notice window found for California — 6 months (Cal. Gov. Code § 911.2). This is the deadline that quietly ends claims: it comes due long before the ordinary filing deadline, it is a precondition to suing rather than a suggestion, and missing it usually bars the claim entirely no matter how strong the case is.
After the claim is rejected, suit must generally be filed within six months of the rejection notice under Gov. Code § 945.6. The same six-month claim applies to cities, counties, transit districts and school districts.
Public fleets you could realistically be hit by in California: Caltrans maintenance and sweeper trucks, county public works fleets, LA Metro and other transit district vehicles, municipal refuse fleets, and school district buses. If you are not certain whether the vehicle that hit you was one of these, work to the shorter deadline until somebody confirms otherwise. The downside is not symmetrical.
If the injured person was a minor
Tolled to age 18 in California under Cal. Code Civ. Proc. § 352 — the clock generally does not start until the injured person turns 18. Critically, the six-month government claim deadline is NOT tolled for minors in the same way. A minor's claim against a public entity can expire while the ordinary clock is still paused.
That pause applies to the court deadline. It does not apply to the evidence. A carrier is entitled to destroy a driver's logs six months after the crash whether the injured person is 8 or 38, and in many states a government notice deadline is not tolled for a child either. A tolled filing deadline and an untouched evidence deadline is the most dangerous combination on this page.
When the California clock starts
Applies. The clock runs from when the plaintiff discovers, or reasonably should discover, the injury and its negligent cause.
Why the evidence clock in California is much shorter
California's filing deadline is 2 years. The federal retention rules that govern the trucking company are measured in weeks and months:
- Dashcam and telematics video — often 30 days or less. No federal retention requirement — vendor and carrier policy only.
- ECM / black box data — overwritten as the tractor keeps running, and routinely lost when it is repaired or resold.
- Driver logs and records of duty status — six months (49 CFR § 395.8(k)(1)).
- Maintenance and repair records — one year while the vehicle is in the carrier's control (49 CFR § 396.3(c)).
- Annual inspection report — 14 months (49 CFR § 396.21(b)(1)).
The way to stop those clocks is a preservation letter to the carrier — a written demand that specific evidence be kept. Until it arrives, destroying records at the end of a retention period is routine and lawful. Our FMCSA regulations and evidence guide explains what each of these records contains.
Truck traffic in California
The Ports of Los Angeles and Long Beach put more container freight on American roads than any other gateway. Drayage tractors leaving the terminals fill I-710 and the Inland Empire warehouse belt, and SR-99 carries agricultural freight the length of the Central Valley.
The corridors where these crashes concentrate: I-5 from the border to Oregon, I-10 and I-15 through the Inland Empire, SR-99 through the Central Valley, I-710 out of the San Pedro Bay ports and I-80 and I-580 into the Bay Area.
For California's comparative fault rules, damages caps and a deeper look at these corridors, see our California truck accident lawyer page.
Neighbouring states have different clocks
A crash a few miles across a state line can be governed by a completely different deadline. If you are not certain which state your crash happened in — near a border, on a bridge, or on an interstate you were travelling at speed — check both.
Or use the filing deadline calculator to compare any state, and the full state index for all 50 states and D.C.
What to do next in California
- Get a preservation letter to the carrier. This is the most time-critical step and the one almost nobody hears about.
- Confirm whether a government entity was involved. That answer can replace your 2 years deadline with a far shorter notice window — 6 months.
- Do not give a recorded statement to the trucking company's insurer.
- Request the California crash report, which identifies the carrier, the DOT number and the insurer.
- Have a lawyer licensed in California confirm the dates above against the current statute.
Sources
- Hours of Service — records of duty status retention — 49 CFR § 395.8 (Federal Motor Carrier Safety Administration)
- Inspection, Repair, and Maintenance — record retention — 49 CFR Part 396 (Federal Motor Carrier Safety Administration)
- Accident register requirements — 49 CFR § 390.15 (Federal Motor Carrier Safety Administration)
- Large Truck and Bus Crash Facts — Federal Motor Carrier Safety Administration
Federal regulations and crash statistics are updated periodically. Figures cited on this page reflect the referenced publications at the time of writing; check the source for the current edition.