The time set for filing a truck accident claim, known as the statute of limitations, varies by state and situation, so it’s essential to understand the specific deadlines that apply to your case. This time clock serves multiple purposes, including keeping evidence fresh and reliable, maintaining witnesses’ memories clear, and keeping defendants from being deluged by the threat of ongoing litigation.
Most states have a statute of limitations for personal injury cases, including truck accidents, that sets the time by which you need to file a lawsuit. The limits range between one and six years from the accident date, with most states setting their deadlines at two or three years. The time frame depends on who was involved in the accident and your state’s statute of limitations.
However, this straightforward timeline can get confusing when you’re dealing with commercial trucks. This is why you must contact a truck accident lawyer in Jacksonville, TX to better understand your rights and meet these strict timelines.
The Rule of Discovery
For example, the rule of discovery is an exception to the general statute of limitations. This rule recognizes that some injuries or their full extent might not be immediately apparent after an accident. The clock can begin ticking when you discover or should have discovered the injury, not from the accident date.
Accidents Involving Government Entities
Special rules apply when government entities cause a truck accident. For instance, if the accident involved a government-owned vehicle like a garbage truck, or poor road maintenance by a government agency caused the crash, the filing deadline might decrease to as little as 60 or 90 days. In some states, you must meet specific notice requirements when filing claims against government entities.
Multiple State Cases
Multiple states may have jurisdiction over a truck accident, mainly when the accident occurs during interstate commerce. Each state involved may set different statutes of limitations, and figuring out which state’s law applies can require a lawyer. Where the accident occurred, where the trucking company is based, and where the victim resides might all influence which statute of limitations applies.
Claim Definition
The claim that’s filed can also impact the deadline. While personal injury claims may have one deadline, wrongful death claims from the same accident may have a different statute of limitations and property damage, claims may have yet another time limit.
A lawyer who knows these differences can preserve all potential claims that arise from the accident. In Texas, you generally have two years to file a claim, regardless of its type. However, this does not hold true for every state.
Accidents Involving Minors
Minors involved in truck accidents have special considerations with the statute of limitations. Many states toll (pause) the statute of limitations until the minor reaches the age of majority, which is usually 18 years old. However, parents or guardians may still need to file claims for medical expenses within the regular time frame.
Pausing the Clock for a Defendant Out-of-State
Sometimes, the clock stops for the statute of limitations if the defendant leaves the state before you can file the lawsuit. The clock begins again when the defendant returns.
Corporate Timing
Corporate structures can complicate matters, especially when you have so much time to file. Large trucking companies often have multiple corporate entities, and identifying all potential defendants can take time.
However, the statute of limitations keeps running while this investigation occurs, so hire a lawyer to identify the responsible parties as soon as possible.
Filing an Insurance Claim
Insurance claims should be filed much sooner than the legal statute of limitations. Most insurance policies have notice provisions that require prompt reporting of accident cases. If you don’t promptly notify the insurance company, you can jeopardize your coverage even if the statute of limitations hasn’t expired.
Settling with Insurers
Settlement talks with insurance companies should not extend the statute of limitations. Even if settlement talks are ongoing, the deadline to file suit still approaches. Your failure to file within the statutory time frame can result in losing all of your legal rights, regardless of the status of the settlement talks.
Collecting and Preserving Evidence and Its Impact on Timing
Collecting and preserving evidence often requires quick action before the statute of limitations expires. If you allow too much time to pass, critical evidence like electronic logging device data, black box information, and physical evidence from the accident scene may be lost or destroyed.
Catastrophic Injuries - Complicating the Timing
Catastrophic injuries that require extensive medical treatment can complicate the timing of legal claims. While you must understand the full extent of injuries before settling a claim, waiting too long to file suit can cause you to miss the deadline for the statute of limitations. Filing and timing often represent a delicate balance that requires the guidance of a truck accident lawyer.
Federal Regulations and Timing
Federal regulations for record-keeping also affect timing. For example, driver logs only need to be retained for six months, and other record-keeping documents may have similar short retention requirements. Filing a claim promptly helps preserve and maintain these records.
Trial Prep Work
Truck accident attorneys need extra prep time if they want to file a lawsuit. Investigating the accident, consulting with experts, gathering medical records, and preparing legal documents may take months. Waiting until the statute of limitations deadline leaves little or no time for this preparation.
Economic Pressure
Economic pressures may tempt accident victims to delay filing claims while they focus on recovery and getting back to work. However, deadlines can pass while a person is distracted. You need to meet the deadlines even when you’re recovering.
Medical Liens and Other Claims
Medical liens and insurance subrogation claims also impact deadlines and notice requirements. These types of claims can significantly influence recovery in a truck accident case and must be addressed within the allotted time.
Strict Timelines for Filing Claims & Lawsuits
The statute of limitations sets a standard for filing a lawsuit. Missing a deadline means losing all your legal rights regardless of the case's strength or the nature of your injuries.
Understanding and complying with these deadlines will protect and preserve your rights. Your experienced truck accident attorney will ensure these deadlines are met and you don’t risk losing the right to compensation.
Contact a Truck Accident Lawyer Today
If you've been injured in a truck accident, it's important to understand your rights and options. Don’t wait to contact a truck accident lawyer. The sooner you act, the better. Make an appointment with a skilled personal injury attorney if you need help with a trucking accident injury.