Knowing when to consult a lawyer after a truck accident is an essential step in pursuing compensation, as you only have a limited time to take legal action. Ideally, you should start looking for local California truck accident attorneys as soon as possible after the crash. If your health allows, we recommend consulting a lawyer before even speaking with your insurance company — your attorney can handle that communication for you.
In this article, we’ll explain what details to prepare before your consultation, the specific deadlines for filing a truck accident claim, and what happens if you miss or delay those deadlines. If you or a loved one has already been involved in a truck accident, don’t wait — call us at (866) 359-0807 to schedule a free consultation and have your case evaluated in just a few minutes.
How to Determine When to Consult a Lawyer After a Truck Accident
You should contact a California truck accident attorney right away if any of the following apply:
- You suffered serious injuries or required hospitalization.
- The trucking company or its insurer is already contacting you for a statement.
- Multiple vehicles or victims were involved.
- There’s a dispute over fault or the police report is inaccurate.
- The at-fault driver was uninsured or underinsured.
- You suspect fatigue, DUI, speeding, or federal hours-of-service violations.
- The truck was owned or operated by a government or commercial carrier subject to FMCSA regulations.
- Medical bills, lost wages, or property damage are piling up faster than insurance will cover.
In any of these scenarios, an attorney can immediately step in to stop insurer harassment, secure evidence, and file the correct claims before time runs out.
Information to Prepare Before Your Consultation
Having these details ready will help your attorney evaluate your case quickly:
- Accident date, location, and police report number
- Contact details for all drivers, witnesses, and responding officers
- Photos or videos of the crash and vehicle damage
- Medical records and bills related to your injuries
- Proof of income or lost wages
- Any correspondence from insurance companies
Specific Deadlines to Consult a Truck Accident Lawyer in California
After a truck accident, time is one of the most important legal factors to consider. California law sets strict deadlines for filing personal injury and wrongful death claims, and missing them can permanently bar you from compensation. Consulting a truck accident lawyer early ensures every filing is made on time, all evidence is preserved, and your rights stay protected.
Here are the key time limits to know in 2025:
- Personal Injury Claims – 2 Years: Under California Code of Civil Procedure §335.1, you have two years from the date of the accident to file a lawsuit for physical injuries, emotional distress, or financial losses.
- Wrongful Death Claims – 2 Years: If a loved one died in a truck crash, the surviving family has two years from the date of death (not the accident) to file a wrongful death lawsuit against the responsible parties.
- Claims Against Government Entities – 6 Months: When a government vehicle or employee is involved (e.g., Caltrans or city trucks), you must file a Government Claim within six months under the California Government Claims Act.
- Property Damage Claims – 3 Years: Claims limited to vehicle or property damage must be filed within three years of the incident, per California Code of Civil Procedure §338.
- Insurance Notification – As Soon as Possible: Most insurance policies require prompt notice of the accident, often within days. Let your lawyer handle this early communication to avoid damaging your claim.
Consequences of Waiting Too Long
Every day you wait after a truck accident can cost you money, evidence, and even your right to recover compensation. In California, truck accident cases move fast — and the longer you delay, the more power shifts to the insurance companies and the trucking company’s defense team. Here’s what’s at stake if you wait too long to call a lawyer:
1. You Could Lose Crucial Evidence Forever
Truck accident evidence doesn’t wait for you. Federal trucking regulations allow Electronic Logging Device (ELD) and black box data to be deleted after just six months, and many carriers legally erase records even sooner if no claim is filed. Skid marks fade, debris is cleared, and roadside camera footage gets overwritten. By waiting, you give the trucking company time to “clean up” every trace of what happened — leaving your case built on speculation instead of proof.
2. Important Records Can Be Destroyed Before You Ever See Them
Under California discovery laws and 49 CFR §379.3, trucking companies only have to keep maintenance, inspection, and driver logs for limited periods. Without an attorney to issue a spoliation or preservation letter, those records can be shredded before your claim begins. Once they’re gone, it becomes nearly impossible to prove whether the truck was overloaded, poorly maintained, or operated by an unqualified driver.
3. Insurance Companies Gain the Upper Hand
Delaying gives insurers time to build their defense — and to use your silence against you. Adjusters may contact you for “information” and twist your words into admissions of fault. Under California’s comparative negligence rule (Civ. Code §1714), even partial blame can drastically reduce your payout. Waiting to hire a lawyer means the insurer gets a head start while you’re still recovering, which often leads to lowball settlements that don’t cover your actual losses.
4. Your Settlement Value Drops Over Time
The longer you wait, the weaker your negotiating position becomes. Insurers know when the statute of limitations is approaching and will intentionally stall to pressure you into settling for less. Once evidence is missing and deadlines are tight, your leverage disappears. Cases started early are easier to prove and almost always result in higher compensation than those filed at the last minute.
5. Medical and Financial Gaps Hurt Your Case
If you delay medical treatment or fail to document expenses promptly, insurers will argue your injuries weren’t caused by the crash. Missed follow-ups, inconsistent therapy, or gaps in medical records give them the excuse they need to deny payment. Without a lawyer coordinating your medical documentation early on, you could lose thousands in compensation for care you already received.
Schedule a Free Consultation ASAP
Don’t risk settling for less than you deserve by letting time pass. Scheduling a consultation with Megeredchian Law is simple, fast, and completely free. Call (866) 359-0807 anytime, 24/7. Just answer a few quick questions to get your case evaluated in minutes. If you qualify, a professional truck accident lawyer will be assigned to your case to pursue maximum compensation. You have nothing to lose — and everything to gain.