Filing Deadline for Truck Accident Claims

The Federal Motor Carrier Safety Administration’s most recent compilation of truck accident statistics from 2021 revealed that fatal trucking accidents increased around 18% between 2020 and 2021. The number of trucking collisions that resulted in injuries also increased by 11%.

If you’ve recently suffered injuries in a trucking accident, then it’s important to understand your legal rights and options. You’ll also need to take heed to the truck accident filing deadline set by your state’s statute of limitations laws. If you don’t pay attention to the deadlines, then you could forfeit your right to collect compensation.

Learn everything you need to know about the filing deadline for truck accident claims and how our team here at Kermani LLP can help you file a claim below.

Why Filing Within the Deadline is Crucial

After a typical truck accident, an investigation begins immediately. Police will analyze the scene and start collecting evidence. Determining what causes truck accidents is a critical component of every accident because the cause determines how the situation will be handled legally.

In general, the driver responsible for the accident will be held financially responsible for the losses associated with the incident.

The injured party will determine their losses and consider filing a lawsuit for compensation, but if they choose to do so, then they need to adhere to truck accident deadlines.

Filing within the allotted time limit is critical because if you don’t, you will not be eligible to receive any compensation even if you’d be entitled to it otherwise. Statute of limitations laws exist because time can degrade evidence, and evidence preservation isn’t always possible with trucking collisions. It can be nearly impossible to prove a trucking accident claim or the extent of an injury that occurred years ago.

What’s more, filing a claim in a timely manner could protect other motorists on the road. When you pursue a claim against a negligent truck driver or trucking company, they are likely to take action. A trucking company can fire drivers for a minor accident or take other corrective actions, which could prevent more accidents.

Statute of Limitations for Truck Accident Claims by State

In order for you to have a valid claim, you must officially file your truck accident claim and send spoilation letters to the relevant parties within the statute of limitations set forth in your state. Since these laws vary based on where you plan on taking legal action, we’ll give you an overview of the laws in each state.

• One Year: Kentucky, Louisiana, Tennessee
• Two Years: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, Washington, West Virginia
• Three Years: Arkansas, D.C., Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Wisconsin
• Four Years: Nebraska, Utah, Wyoming
• Five Years: Missouri
• Six Years: North Dakota, Maine

The statute of limitation date begins on the date of the truck accident crash.

Special Circumstances That Can Affect Filing Deadlines

As a general rule, you must file a claim within the statute of limitations, but there are a few special circumstances that could impact the deadline.

One of the most common circumstances that can change the deadline is if you were a minor at the time of the collision. When that’s the case, the statute of limitations will begin on your 18th birthday. Another exception happens when the injuries associated with the accident weren’t reasonably discovered until a later date. If there are pending criminal charges against the responsible party, then that could also impact your time limit.

If you think your case could be an exemption or you’re not sure if you still have a legal claim, contacting local lawyers for truck accident claims can help you get a better idea of your options and rights.

How an Attorney Can Help You Meet Deadlines

When you’re seeking out truck accident compensation, it’s generally your best option to hire an attorney to help. The right lawyer will not only ensure that you file your claim within the deadline, but they’ll also help maximize your recoverable damages by considering all your medical expenses, lost wages, pain and suffering, emotional distress, and more. They’ll file all the official paperwork in a timely manner, ensure a timely investigation preserves time-sensitive evidence, and document all your losses with the right proof.

Even better, they’ll handle the settlement negotiation with the liable parties for you, ensuring that you get what you’re entitled to receive under the law.

Get in Touch With a Truck Accident Lawyer Today

Now that you know more about how a truck accident lawyer can help, are you ready to get in touch with one?

Kermani LLP was established in 2011, so our legal experts have over a decade of experience navigating trucking accident lawsuits, wrongful death claims, and other personal injury claims. In one of our landmark trucking accident cases, we secured a $1.2 million settlement for our client who collided with a UPS truck and suffered significant injuries.

Let us use our legal expertise to help secure justice in your situation. Schedule a free case review with our team now to discuss your situation in more detail with our best truck accident injury lawyers.