Statute of Limitations
California has a 2-year statute of limitations for personal injury from truck accidents (CCP § 335.1). California follows pure comparative negligence — recovery is available regardless of plaintiff's fault percentage. Claims against government entities (Caltrans trucks, city/county vehicles) require a Government Tort Claim within 6 months of the incident (Gov. Code § 911.2).
2 years from date of accident
Where to File in California
Venue & Jurisdiction: Truck accident cases in California are filed in the Superior Court of the county where the crash occurred, where the defendant resides, or where the trucking company does business. Federal court (diversity jurisdiction) applies when parties are from different states and damages exceed $75,000. Los Angeles, San Bernardino, Fresno, and Sacramento Superior Courts handle the highest volume of commercial truck accident litigation.
Statute of Limitations: California Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims arising from truck accidents. The clock starts on the date of the collision. Wrongful death claims also carry a two-year limit running from the date of death. Government entity defendants (Caltrans vehicles, municipal trucks) require a Government Tort Claim filed within six months of the incident before suit may be filed.
FMCSA & California Regulations: Federal Motor Carrier Safety Administration (FMCSA) regulations — including hours-of-service rules (49 C.F.R. Part 395), mandatory electronic logging devices (ELDs), and CDL requirements — establish the national floor for commercial truck operation. California adds its own requirements through the California Highway Patrol (CHP) Motor Carrier Safety Program, including state-specific weight limits, CHP inspections, and stricter emissions standards under CARB. Violations of either federal or state regulations are admissible as evidence of negligence per se.
High-Accident Corridors: California's most dangerous trucking corridors include Interstate 5 (the CANAMEX corridor through the Central Valley and Tejon Pass), Interstate 10 (linking Los Angeles to the Inland Empire and Arizona border), U.S. 99 (agricultural freight through the Central Valley), and Interstate 80 (Sierra Nevada grades into Sacramento). The Cajon Pass (I-15) sees frequent runaway-truck incidents due to steep grades. FMCSA crash data consistently ranks California among the top five states for fatal large-truck crashes.
Exposure in California
Source: CHP SWITRS Commercial Vehicle Data 2024
Source: NHTSA FARS 2024
Source: American Association of Port Authorities
Clinics & Specialists in California
LAC+USC Medical Center — Level I Trauma Center
Your Legal Team
Jennifer Kowalski
Partner
Los Angeles, CA
Jennifer Kowalski is one of California's premier truck accident attorneys, focusing on catastrophic injury and wrongful death cases involving commercial carriers on California's dense freeway network. Over 18 years, she has developed deep expertise in the electronic evidence that defines modern truck litigation — ELD records, GPS tracking data, EDR analysis, and dashcam footage — and has pioneered spoliation strategies that have resulted in adverse inference sanctions against multiple major carriers. Jennifer has recovered over $180 million for truck accident victims and is a frequent lecturer on commercial vehicle litigation at the Consumer Attorneys of California annual conference.
Education
- J.D., USC Gould School of Law (2008)
- B.A., Economics, UCLA (2005)