To file a truck accident lawsuit in Fresno, CA, collect all evidence, get medical attention, and speak with a personal injury lawyer. Submit a formal complaint to the Fresno County Superior Court within California’s two-year time limit. The legal process includes investigation, negotiations, and potentially a trial. Having an attorney helps manage complex trucking laws and determine who is at fault.
Truck accidents in Fresno can cause life-changing injuries, emotional trauma, and overwhelming financial burdens.
Victims often face aggressive insurance companies, confusing legal procedures, and tight deadlines—all while trying to recover. Without proper guidance, it’s easy to make costly mistakes or settle for less than you deserve.
Filing a lawsuit requires medical documentation, strong evidence, and legal expertise to hold the responsible parties accountable.
In this article, we explain how to file a truck accident lawsuit in Fresno, California, and what steps you need to take to protect your rights and pursue fair compensation.
Who Can File a Truck Accident Lawsuit?
Standing is your legal right to file a lawsuit. This means you have been harmed and can ask a court for help. You don’t need to be a California resident to file a lawsuit in Fresno if your accident happened here.
Several types of people can file truck accident lawsuits:
- Injured victims: Anyone who got hurt physically, emotionally, or financially in the crash.
- Parents or guardians: Adults who can file for children under 18 who were injured.
- Estate representatives: Family members who can file wrongful death cases when someone dies in the accident.
- Out-of-state victims: People from other states who were hurt in Fresno County.
Who to Sue in a Fresno Truck Crash
Truck accidents are different from regular car crashes because many people and companies can be responsible. Vicarious liability is a legal rule that makes employers responsible for what their workers do. This means you might be able to sue several defendants to get full compensation.
The trucking industry has many players who could share fault for your accident. Each defendant might have insurance or assets that can pay for your damages.
Common defendants in truck accident cases include:
- Truck driver: The person behind the wheel who may have been speeding, tired, or distracted.
- Trucking company: The business that hired the driver and owns or leases the truck.
- Cargo loading company: Workers who put freight on the truck and secure it properly.
- Truck manufacturer: Companies that made defective parts like brakes or tires.
- Maintenance companies: Businesses hired to fix and inspect the truck.
- Government entities: Cities or counties responsible for dangerous road conditions.
Where to File in Fresno County
Venue is the legal term for which court can hear your case. You must file your lawsuit in the right court or it could be dismissed. For truck accidents in Fresno, you typically file at Fresno County Superior Court at 1130 O Street.
You can file in Fresno County if the accident happened here, any defendant lives or works here, or the trucking company does business in the area. Most civil cases now require electronic filing, but you can still file papers in person if you represent yourself.
Small Claims court is not the right place for serious truck accident cases. The damage limit is only $12,500, which is far too low for major injuries. You also cannot have a lawyer represent you in Small Claims court.
When to File and Filing Deadlines
The statute of limitations is the legal deadline for filing your lawsuit. In California, you have two years from the accident date to file most personal injury cases. Missing this deadline means you lose your right to sue forever.
There are important exceptions to the two-year rule:
- Government claims: You must file a claim within six months before suing cities, counties, or state agencies.
- Property damage only: You have three years to sue for vehicle damage.
- Discovery rule: The deadline might start when you discover an injury that wasn’t obvious right away.
- Wrongful death: Families have two years from the date of death, not the accident date.
What Evidence to Gather Before Filing
Strong evidence is the foundation of a successful truck accident lawsuit. It shows what happened, who was responsible and how the accident happened. You need to act fast because trucking companies only keep records for limited time periods.
A spoliation letter is a formal notice that requires companies to save evidence. Your lawyer should send these letters immediately to prevent destruction of important records.
Key evidence for truck accident cases includes:
- Police reports: Official accident reports with witness statements and officer observations.
- Medical records: All hospital visits, surgeries, therapy sessions, and prescriptions related to your injuries.
- Truck data: Electronic logs that show speed, braking, and hours driven before the crash.
- Driver records: Employment files, training history, drug tests, and driving record.
- Maintenance logs: Records showing whether the truck was properly inspected and repaired.
- Scene photos: Pictures of vehicle damage, skid marks, and road conditions.
- Witness information: Names and contact details for people who saw the accident.
- Financial losses: Pay stubs, tax returns, and receipts for expenses caused by the crash.
How to File a Truck Accident: Step-by-Step
Drafting the Complaint and Damages Allegations
A complaint is the legal document that starts your lawsuit. This paper tells the court who you are suing and why they should pay you money. It must identify all defendants and explain how their actions caused your injuries.
Your complaint needs to include your legal theories. Negligence means someone failed to act reasonably and safely. Negligence per se means they broke a safety law. Respondeat superior makes employers responsible for employee actions.
The damages section lists all the money you want to recover. Special damages are exact amounts like medical bills and lost wages. General damages cover pain and suffering that don’t have specific dollar amounts.
Filing, Fees, and Fee Waivers
Filing means officially submitting your complaint to the court. You need to include a Civil Case Cover Sheet that gives basic information about your case. The current filing fee in Fresno Superior Court is about $435.
If you cannot afford the filing fee, you can ask for a fee waiver. The court will look at your income and expenses to decide if you qualify. You need to fill out specific forms and provide proof of your financial situation.
After filing, the court gives you stamped copies of your papers. These “conformed” copies prove you filed your lawsuit and are needed for the next steps.
Serving In-State and Out-of-State Defendants
Service of process means legally delivering lawsuit papers to defendants. This step officially notifies them that you are suing them. California law requires proper service of your complaint within 60 days of filing.
Personal service means handing the papers directly to the defendant or an authorized person at their business. You cannot serve the papers yourself—someone else must do it. Professional process servers know the rules and can handle difficult situations.
Out-of-state trucking companies can be harder to serve. You might need to serve their registered agent or follow special rules for companies in other states. Some international companies require following treaty rules.
After service, you must file a Proof of Service form with the court. This document proves you properly notified all defendants about the lawsuit.
What Happens After Filing
Once served, defendants have 30 days to respond to your complaint. They typically file an answer that admits or denies your allegations. Some defendants file a demurrer, which challenges whether your complaint states a valid legal claim.
Discovery is the process where both sides exchange information and evidence. This phase can include depositions where witnesses answer questions under oath, written interrogatories, and requests for documents.
Most truck accident cases settle before trial through negotiation or mediation. The timeline for resolving a truck accident lawsuit depends on the complexity of the case and how cooperative the defendants are.
Case management conferences help the judge track progress and set deadlines. The court will schedule a trial date, but most cases resolve through settlement before reaching trial.
How Insurance and Lawsuits Work Together
You can pursue insurance claims and lawsuits at the same time. Filing a lawsuit often pressures insurance companies to make better settlement offers. Insurance adjusters know that going to trial costs more money and creates risk for their company.
Commercial trucks must carry much higher insurance than regular cars. Federal law requires most trucks to have at least $750,000 in coverage, and many carry $1 million or more. Multiple insurance policies might apply to your accident.
Avoid accepting an early settlement offer before understanding your full injuries. Insurance companies often make quick, low offers, hoping you will take less money than you deserve. Once you accept any settlement, you generally cannot ask for more money later.
Bad faith claims can arise when insurance companies unreasonably deny or delay valid claims. If an insurer acts in bad faith, you might be able to sue them for additional damages beyond your original claim.
Causes of Fresno Truck Accidents
Fresno sits at the center of California’s agricultural region, which means our highways see heavy truck traffic year-round. Highway 99 and the CA-41 interchange are particularly dangerous areas where many serious accidents occur.
The Federal Motor Carrier Safety Administration sets strict rules for trucking companies and drivers. Violations of these federal regulations can be strong evidence of negligence in your lawsuit.
Common causes of truck accidents in Fresno include:
- Driver fatigue: Truckers who exceed the 11-hour daily driving limit or the 14-hour work window.
- Distracted driving: Using phones, eating, or doing paperwork while driving.
- Speeding: Going too fast for conditions or exceeding posted speed limits.
- Improper loading: Cargo that shifts during transport or makes the truck unstable.
- Poor maintenance: Worn brakes, bald tires, or broken lights that cause equipment failure.
- Substance abuse: Drunk driving involving alcohol, drugs, or certain medications.
- Aggressive driving: Tailgating, unsafe lane changes, or road rage incidents.
Damages You Can Recover
Damages refer to the financial compensation you can receive for your losses and suffering. California law allows you to recover compensation for all harm caused by the defendant’s negligence. The goal is to make you “whole” again as much as money can do.
Economic damages are losses with specific dollar amounts. These include medical bills, lost wages, and property damage. You need receipts, bills, and other records to prove these damages.
Non-economic damages cover suffering that doesn’t have exact dollar amounts. Pain and suffering, emotional distress, and loss of enjoyment of life from catastrophic injuries fall into this category. California doesn’t cap these damages in truck accident cases.
| Damage Type | What’s Included | How It’s Proven |
| Medical expenses | Hospital bills, surgery costs, therapy, medications, future medical care | Medical records, bills, doctor testimony about future needs |
| Lost income | Missed work, reduced earning capacity, lost benefits | Pay stubs, tax returns, employer testimony, vocational expert analysis |
| Property damage | Vehicle repair or replacement, personal items damaged in crash | Repair estimates, receipts, fair market value assessments |
| Pain and suffering | Physical pain, emotional trauma, mental anguish | Medical testimony, personal journals, family witness statements |
Punitive damages are rare but possible in cases involving extreme recklessness. Examples include drunk driving or intentionally falsifying safety records. These damages punish the defendant and deter similar conduct.
Comparative Fault and Your Recovery
Comparative negligence is California’s system for handling cases where multiple parties share blame. Even if you were partially at fault, you can still recover money. However, your award gets reduced by your percentage of fault.
For example, if you were 20% at fault and your total damages are $100,000, you could still recover $80,000.
Insurance companies and defendants will try to shift as much blame to you as possible. They might claim you were speeding, not wearing a seatbelt, or not paying attention. Having strong evidence and legal representation helps minimize your assigned fault percentage.
Special Rules for Government Claims
Government claims have different rules than lawsuits against private parties. If a city truck hit you or dangerous road conditions caused your accident, you must first file an administrative claim. This claim goes to the government agency, not the court.
You have only six months to file a government claim after your injury. This deadline is much shorter than the two-year limit for regular lawsuits. Missing the six-month deadline usually means you cannot sue the government at all.
The government has 45 days to respond to your claim. If they reject it or don’t respond, you can then file a lawsuit in court. You have six months from the rejection date to file your court case.
Government entities have special protections that private defendants don’t have. They cannot be ordered to pay punitive damages, and some of their actions might be protected by immunity laws.
Out-of-State Defendants and Federal Court
You can sue out-of-state trucking companies in California courts if your accident happened here. However, these defendants might try to move your case to federal court under diversity jurisdiction rules, which apply when the plaintiff and defendant are citizens of different states.
Federal court and state court have different procedures and timelines. Some lawyers prefer federal court because it moves faster, while others prefer state court because local juries might be more sympathetic. Your lawyer will advise you on the best strategy for your specific case.
Common Mistakes That Hurt Your Case
Many accident victims make mistakes that reduce their compensation or hurt their chances of winning. Knowing what to avoid can protect your rights and strengthen your claim.
The biggest mistake is accepting quick settlement offers before knowing the full extent of your injuries. Some conditions, like traumatic brain injuries, don’t show symptoms immediately, and you might need ongoing treatment for months or years.
Other mistakes that can hurt your case include:
- Giving recorded statements: Insurance adjusters will use your words against you later.
- Missing medical appointments: Gaps in treatment suggest your injuries aren’t serious.
- Posting on social media: Photos or comments can contradict your injury claims.
- Not following doctor’s orders: Non-compliance undermines your credibility.
- Waiting too long to hire a lawyer: Evidence disappears, and witnesses forget details.
- Talking to the other driver’s insurance: They represent the other side, not you.
Why Hire a Fresno Truck Accident Lawyer
Truck accident cases are much more complicated than regular car accident claims. Multiple defendants, federal regulations, and complex evidence preservation requirements make these cases challenging for people without legal experience.
Insurance companies have teams of lawyers and investigators working to minimize their payouts. You need experienced legal representation to level the playing field and protect your rights.
At Kuzyk Law Personal Injury & Car Accident Lawyers, we handle every aspect of your case while you focus on recovery:
- Immediate investigation: We send investigators to the scene and interview witnesses while memories are fresh.
- Evidence preservation: We send spoliation letters to preserve truck data, maintenance records, and other crucial evidence.
- Expert witnesses: We work with accident reconstruction specialists, medical experts, and economists to build your case.
- Insurance negotiations: We handle all communication with insurance companies and fight for maximum compensation.
- Court representation: If settlement negotiations fail, we are fully prepared to take your case to trial.
We work on a contingency fee basis, which means you pay nothing unless we win your case. This arrangement allows you to get quality legal representation without upfront costs.
Act Fast—Deadlines Apply to Truck Accident Claims
Time is critical in truck accident cases. Evidence disappears, witnesses forget details, and legal deadlines approach quickly. The sooner you contact a lawyer, the better your chances of building a strong case.
Electronic data from trucks can be overwritten quickly if not promptly preserved. Surveillance video from nearby businesses is often deleted after a few weeks. Even environmental factors, like weather or road construction, can change rapidly, affecting your case.
Although California generally gives you two years to file a lawsuit, waiting too long can seriously hurt your case. Insurance companies are more likely to offer fair settlements when they know you have strong evidence and experienced legal representation.
Frequently Asked Questions
Can I File My Truck Accident Case in Small Claims Court in Fresno?
No. Small Claims court is not appropriate for serious truck accident injuries because the damage limit is only $12,500 and you cannot have a lawyer represent you. Most truck accident cases involve much higher damages and complex legal issues that require Superior Court.
What Happens If the Trucking Company Is Based in Another State?
You can still file your lawsuit in Fresno County Superior Court if your accident happened here. However, out-of-state defendants might try to move your case to federal court, which has different procedures but can sometimes be faster than state court.
How Long Do I Have to File If a Government Vehicle Caused My Accident?
You must file an administrative claim with the government agency within six months of your injury, not two years like private defendants. Missing this shorter deadline usually bars your claim permanently, so contact a lawyer immediately for government-related accidents.
Contact a Fresno Truck Accident Lawyer Today—Free Consultation!
You don’t have to navigate the complex legal system alone after a devastating truck accident. The experienced attorneys at Kuzyk Law Personal Injury & Car Accident Lawyers have been fighting for injury victims in Fresno for decades.
We understand how overwhelming it can feel to deal with medical bills, insurance companies, and legal deadlines while you’re trying to recover from serious injuries. Our team handles all the legal details so you can focus on getting better.
During your free consultation, we will review your case, explain your rights, and give you an honest assessment of your claim’s value. We work on a contingency fee basis, so you pay absolutely nothing unless we win your case.
Contact us today to schedule your free consultation. Our team is available 24/7 to speak with you in English or Spanish, and we will fight tirelessly to get you the justice and compensation you deserve.
