Semi Truck Accident Attorney in San Diego

California Code of Civil Procedure § 335.1 gives you two years from the date of injury to file a civil lawsuit for a truck accident. Period. That's the hard deadline.

In practice, this means two years from the date the semi-truck hit you (or your vehicle), not two years from when you discovered you had a serious injury. The distinction matters because trucking companies will argue the clock should restart with discovery—and in a few narrow cases they're right. But in almost every truck accident case, the driver and plaintiff both know a crash happened the same day it happens.

Two years feels like plenty of time. It isn't. Here's why: truck accident cases require discovery of data you don't control. The defendant—the trucking company, the motor carrier, or the shipper—holds the electronic logging device (ELD) records, the maintenance records, the dispatch communications, the driver qualification file (which must comply with [FMCSA requirements](https://www.fmcsa.dot.gov/regulations/driver-qualifications)), and the post-crash drug test results. All of that data can be deleted, overwritten, or destroyed on a legal preservation schedule. If you don't file within two years, you lose the right to demand it.

For most truck accidents, the statute of limitations clock starts on the date of the accident itself. You were injured (or your vehicle was damaged) on a specific day—that's day one of your two-year window.

California's "discovery rule" can theoretically restart the clock if you didn't discover (and couldn't reasonably discover) the injury for some period after the crash. For example: if a truck accident caused internal bleeding that didn't show symptoms for six months, you might have two years from the date you discovered the bleeding, not two years from the accident date. But this is rare and heavily contested by defense counsel.

In truck accident cases specifically, the discovery rule almost never applies because truck crashes are violent, obvious events. You know you were hit. You may not know the full scope of your injuries for weeks or months, but you know a collision occurred. Courts in California interpret this consistently: the injury date is the collision date.

San Diego Superior Court has consistently held that the accident date controls unless there is clear evidence that the plaintiff could not have discovered the injury through reasonable diligence.

California law does carve out narrow exceptions to the two-year rule:

Minors. If the injured person was under 18 at the time of the accident, the statute of limitations clock may not start until they turn 18. In practical terms, a minor injured in a truck accident at age 15 would have until age 20 to file (two years after reaching majority). Guardians should still act quickly—not because of the legal deadline, but because evidence degrades and defendants delete data.

Wrongful death. If a truck accident killed a family member, the next of kin or estate representative has two years from the date of death to file a wrongful death claim. This is often combined with survival action claims (claims the deceased could have brought before dying).

Government defendants. If the trucking company is owned by a government entity or if a government vehicle caused the accident, California's Government Claims Act requires filing an administrative claim first, within six months of the incident. That six-month administrative deadline is shorter than the two-year civil deadline and is absolute. Missing it bars the civil claim entirely.

No extension for negotiations. Some states extend the deadline if parties are actively negotiating. California does not. Ongoing settlement talks do not stop the two-year clock.

If you file a truck accident lawsuit after two years have passed from the date of injury, the trucking company's defense attorney will immediately file a motion to dismiss based on the statute of limitations. The judge will grant it. Your claim disappears. You have no right to damages, no right to discovery, no right to trial. The statute of limitations is a complete bar to relief—it's not a rule about how much you can recover, it's a rule about whether you can sue at all.

This happens even if liability is crystal clear. Even if you have a video of the truck running a red light into your car. Even if the driver was on duty for 16 hours straight in violation of federal [hours-of-service rules](https://www.fmcsa.dot.gov/regulations/hours-service). Miss the deadline, lose the case.

Trucking companies know this. Their insurance carriers and defense firms track the accident dates of every significant crash. They diarize the deadline. If you haven't filed by the deadline, their duty to preserve evidence often expires, and they can legally destroy critical data.

In San Diego, the San Diego County Superior Court (Edward I. DeLaney Courthouse) processes these motions quickly. By the time you realize you've missed the window, the case is already dismissed. That's why moving within the first 6 to 12 months is not just standard practice—it's essential.

If you've been in a truck accident and believe you have a claim, take these steps immediately:

1. Consult a truck accident attorney. Don't negotiate directly with the trucking company or its insurer. An attorney sends a preservation letter that officially notifies the defendant that a claim exists and that they must preserve all evidence. This stops the data destruction clock immediately and creates a legal obligation to hold ELD data, maintenance records, drug test results, and communications. The [California State Bar](https://www.calbar.ca.gov/) maintains a directory of licensed attorneys if you need a referral.

2. Request the ELD and log data preservation. Electronic logging devices record hours of service, speed, location, and braking events. This is the single most important data point in a truck accident case. It often proves the driver was in violation of federal HOS rules (11-hour driving limit, 10-hour off-duty minimum). The defense will delete this data after a standard preservation period (usually 15–30 days depending on the trucking company's policy), so a preservation letter is critical.

3. Demand the driver's qualification file. Under federal regulations (FMCSA), every CMV driver's employer must maintain a driver qualification file with medical certifications (DOT physicals), training records, and safety-sensitive test results. These files reveal whether the driver was medically qualified to operate the vehicle at the time of the crash.

4. Document the scene. If you are able, photograph the point of impact, the wreckage, the surrounding roadway (especially in the I-5 or I-405 corridors where visibility and lane markings matter), and any visible traffic control devices. Get the responding officer's report number from San Diego Police or the California Highway Patrol.

5. Do not accept an early settlement offer. Insurance adjusters often call within weeks of an accident with a low settlement offer. Accepting it may waive your right to future claims for complications. Do not sign anything without legal review.

Time is your enemy in truck accident cases. The two-year statute of limitations is real, but the practical deadline for preserving evidence is much sooner.