Time Limit for Filing a Truck Accident Claim
A tractor-trailer or 18-wheeler wreck can give rise to a personal injury or wrongful death lawsuit. This means the lawsuit will be subject to the statute of limitations, which requires a person to take legal action within a specified period or else the claim is barred. The point of having statute of limitations is to make sure that a person is not punished for a crime or accident committed long ago that is just recently coming to light. As time goes on, evidence diminishes as well, making it harder to come up with a verdict for a trucking accident.
Statute of Limitations in Each State
The statute of limitations varies, as each state has different laws. A majority of states have implemented a two-year limitation on all wrongful death claims in truck accidents. For instance, in Texas, the statute of limitations for bodily injury claims related to a person's recklessness or negligence is two years from the date of injury (or the date when the injury could have been reasonably discovered). In some cases, this period may be "tolled" because the victim had a legal disability, including being a minor at the time of the accident. In general, if both parties agree on the matter, then the time allotted for filing an accident lawsuit may be shortened or lengthened.
Here is a list of each state and its statute of limitations:
- Alabama – 2 years
- Alaska – 2 years
- Arizona – 2 years
- Arkansas – 3 years
- California – 2 years
- Colorado – 2 years
- Connecticut – 3 years
- Delaware – 2 years
- Florida – 4 years
- Georgia – 2 years
- Hawaii – 2 years
- Idaho – 2 years
- Illinois – 2 years
- Indiana – 2 years
- Iowa – 2 years
- Kansas – 2 years
- Kentucky – 1 year
- Louisiana – 1 year
- Maine – 6 years
- Maryland – 3 years
- Massachusetts – 3 years
- Michigan – 3 years
- Minnesota – 6 years
- Mississippi – 3 years
- Missouri – 5 years
- Montana – 3 years
- Nebraska – 4 years
- Nevada – 2 years
- New Hampshire – 3 years
- New Jersey – 2 years
- New Mexico – 3 years
- New York – 3 years
- North Carolina – 3 years
- North Dakota – 6 years; 2 years in wrongful death
- Ohio – 2 years
- Oklahoma – 2 years
- Oregon – 10 years
- Pennsylvania – 2 years
- Rhode Island – 3 years
- South Carolina – 3 years
- South Dakota – 3 years
- Tennessee – 1 year
- Texas – 2 years
- Utah – 4 years
- Vermont – 3 years
- Virginia – 2 years
- Washington – 3 years
- West Virginia – 2 years
- Wisconsin – 3 years
- Wyoming – 4 years
The Importance of Collecting Evidence Early
To develop a strong case following a truck accident, it takes more than just filing within the statute of limitations. You need to begin your case quickly so your lawyer can perform timely truck accident investigation and discovery, gathering evidence. This may include identifying a defective part, determining if property maintenance occurred, and even assessing whether trucking regulations were violated. A timely response can also make it easier to locate anyone who witnessed the accident. It is important to act quickly to preserve evidence from the electronic on-board recorder, maintenance records, and driver logbooks, as these could be lost or destroyed as time passes.