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Residents in California expect the most daunting challenge after a serious accident to be the costly physical recovery combined with the slow grind of insurance negotiations. Although this is true, the real challenge involves those whose injuries involve a government identity. Why? The filing deadline, the timeframe during which a person is allowed to seek compensation, cuts off almost instantly and quietly. Under California law, anyone harmed by a city or state vehicle, a police car, a school district bus, or any public employee gets only 6 months to pursue compensation—a window that frequently closes even before victims and their families understand the severity of their injuries or the complexity of the claims process. The result is a system that quietly disposes of legitimate cases not because of a lack of merit but because of an arbitrary clock. In communities like Los Banos and across the Central Valley, this deadline does more than shorten the path to justice—it collapses it.
The Nature of California’s Six-Month Government Claim Deadline and Why It Fails the Injured
Accidents in California that result in serious injuries constantly occur without warning. In most instances, victims have the legal right to pursue compensation from those responsible within two years of the incident. Yet many people are unaware that the rules change significantly when the responsible party is a public entity. Please note that the shortened six-month timeframe mentioned herein was always intended to allow government agencies to investigate and resolve the situation before it leads to expensive litigation. Sadly, the deadline that promotes efficiency also usually leaves victims scrambling to meet strict procedural requirements while still coping with medical recovery, property damage, lost earnings, and other demands of everyday life. As such, this window functions less like a deadline and more like a trap—strict and fatal to a case if missed. Likewise, the California Law Revision Commission has explicitly acknowledged that the process often bars just claims, despite the strength of the evidence or the clarity of liability.
The stakes behind this rigid process become clearer when considering the types of incidents that push many Californians to file government claims. True to this, between 1980 and 2015, the National Highway Traffic Safety Administration documented 943 fatal crashes involving law enforcement vehicles, resulting in 117 deaths in California alone. In addition, more recent statewide records show that from 2018 to 2023, Caltrans received almost 15,870 pothole-related claims, including 518 in Merced County.
The set timeline becomes even more unjust when compared with the actual pace of physical recovery. Minor injuries such as sprains, contusions, and whiplash commonly require four to twelve weeks of healing, while more severe trauma—including fractures, concussions, and herniated discs—often need three to six months or longer. Throughout this period, victims typically juggle shifting expenses, doctor appointments, mental therapy, disrupted work schedules, pain management, and other burdens related to family and life needs. Despite the challenges, the law still requires an injured person to simultaneously identify the responsible government agency, gather evidence, and submit a legally compliant claim within the six-month window. Unfortunately, as numerous examples show, the deadline often ends long before the injured parties have had a chance to fully recover or comprehend the government’s role in their suffering—effectively barring them from pursuing justice and accountability.
Reevaluating Six-Month Barrier to Justice in California
California’s six-month deadline to file a government claim is more than just a deadline—it is a silent trap that often blocks injured residents from ever seeking justice. In communities like Los Banos and across Merced County, the consequences are evident. Residents harmed by a variety of means, whether an intentionally neglected known pothole or a serious car accident that involves government agencies, all face this same narrow window while coping with medical appointments, lost income, and the daily logistics of recovery. Critically, these incidents underscore how frequently government-related conditions and actions cause harm.
The truth is that Californians struggle to effectively hold public agencies accountable under the current six-month deadline, which passes long before many victims can assess their injuries or understand the claims process. To address this, lawmakers must not only consider extending the window but also ensure that residents have the guidance and resources needed to act within it. Providing public awareness campaigns that inform people of their rights and responsibilities after an accident, as well as streamlining claim processes and offering clear step-by-step instructions, can give those injured a greater chance to secure justice.’ Without these reforms, Californians will continue to face the combined burden of recovery and administrative hurdles, only to find the law cuts off their path to accountability, further weakening trust in the institutions meant to protect them.
About the Author
O’Brien & Zehnder Law Firm has been consistently committed to securing justice for injured victims for the past 26 years. Its legal team handles various personal injury cases in Elk Grove and Sacramento County, including automobile accidents and wrongful deaths
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