How Long Do You Have to File a Claim for a Truck Accident?

Large trucks include big rigs, tractor-trailers, box trucks, and more. Whenever one of these large trucks collides with a pedestrian or smaller vehicle, such as a car, motorcycle, or bicycle, the injuries sustained can be serious, catastrophic, or sometimes deadly.

The injured accident victim might suffer a bone fracture or a soft tissue injury, for example, that heals with treatment. If the accident victim strikes their neck and back on something in the vehicle, or the injured pedestrian falls to the ground on impact, they can suffer devastating a spinal cord injury, which can cause full or partial paralysis. An accident victim who suffers a forceful head impact in a truck accident can sustain a concussion or a moderate or severe traumatic brain injury.

In addition to physical pain and impairment from injuries, victims of truck accidents can also need costly medical treatment and lost income from time off work while they physically recover. Likewise, they can experience a considerable amount of pain, suffering, inconvenience, mental distress, and emotional anguish, among other types of damages.

While you might wonder how you can financially recover for all of these truck accident-related losses, you might be so overwhelmed with your medical treatment and injuries that you do not want to think about a legal case. It is natural to want to know how long you have before you need to file your truck accident claim.

If you or someone you love has suffered an injury in a truck accident, take legal action in your case as soon as possible. If you do not bring your truck accident claim or lawsuit within a specific deadline (set out by the statute of limitations in your jurisdiction), you might unintentionally waive your right to pursue recovering monetary compensation against the at-fault party.

An experienced truck accident attorney in your area can investigate and evaluate the facts and circumstances of your case to determine if you can recover compensation for the injuries you suffered. If so, your attorney can assist you with filing your claim within the proper deadline depending on your state’s laws.

What Is a State Statute of Limitations?

A statute of limitations in a particular jurisdiction is the deadline by which an accident victim or their lawyer must file a claim against an at-fault party. Truck accident injuries fall under the category of personal injuries, and different states have varying time deadlines for filing a lawsuit arising from those injuries.

In some states, the deadline can be as short as one or two years, while in others, the accident victim can have as many as four or five years to file a claim or lawsuit for injuries arising from a truck accident that a negligent truck driver (or someone else) caused. In truck accident cases, the statute of limitations clock usually starts to run on the accident date.

Statutes of limitations serve several different purposes. One of the main purposes is to ensure that evidence remains fresh and potential witnesses to the accident remain available. Another purpose of a state statute of limitations is to ensure that truck accident matters do not drag on for an excessive amount of time without any resolution or plan for moving forward.

State statutes of limitations establish a filing deadline for lawsuits. Absent some extremely limited exceptions, if a victim or their lawyer does not file a lawsuit within the state statute of limitations, the accident victim waives their right to recover compensation for the injuries they suffered in the accident.

An experienced truck accident attorney in your area will be familiar with the statute of limitations that applies to you and your case. No matter where you are, however, when it comes to retaining legal counsel to represent you in your truck accident case, you should not delay. A truck accident attorney in your state can file a truck accident claim or lawsuit on your behalf as soon as possible and get the ball rolling, so you do not miss out on any of the monetary compensation that you need for your injuries.

Tolling the Statute of Limitations for Personal Injuries in Certain States

In some states, you might toll (or extend) the statute of limitations that applies to truck accident cases based on extremely limited circumstances. The circumstances allowing for the tolling of a statute of limitations are jurisdiction-specific. For example, some states toll a state statute of limitations if a truck accident victim was a minor at the time of the accident. In that instance, the statute of limitations extends until the accident victim reaches the age of maturity (18 years of age in most states).

You should consult an experienced truck accident lawyer in your area to determine if an exception might apply in your case. When in doubt, though, you should always assume that the hard-and-fast statute of limitations deadline applies to your truck accident case.

Prerequisites to Filing a Lawsuit in a Truck Accident Case

Even though victims or their lawyers must file lawsuits for truck accident cases within the applicable statute of limitations, you or your lawyer don’t need to file the lawsuit immediately. In most cases, if there is time, a truck accident lawyer will make one or more attempts to try and settle your case with the at-fault party’s insurance company before filing a lawsuit. This negotiation and settlement process typically begins by filing a settlement demand package with the at-fault party’s insurance company.

A demand package will include documentation, including the police report, witness statements, medical records, medical bills, and lost wage information signed by the accident victim’s employer (in the event the accident victim is asserting a claim for lost wages). Once the insurance company opens the claim, it will assign an adjuster to that claim.

Once the at-fault insurance company accepts liability, the adjuster will usually review the demand package and make an initial offer to settle the truck accident claim. In many truck accident cases, the initial offer to settle the case will be too low. If the offer does not go up to a reasonable amount after several rounds of negotiations between the truck accident attorney and the insurance adjuster, the attorney (after consulting with the accident victim) can file a lawsuit in the appropriate district or circuit court.

Just because a lawsuit is in the court system, however, does not guarantee that the case will proceed all the way to a jury trial. In fact, a truck accident case can settle at any point during the litigation process, including after the complaint is filed and up until trial. Filing a lawsuit merely begins the litigation process. During this time, the parties can engage in written and oral discovery (depositions) and make further attempts to try and resolve the case.

If the insurance company still refuses to offer full and fair compensation for the injuries that the accident victim suffered, the accident victim may take the case to trial (where the jury can decide the issue of damages) or pursue some form of alternative dispute resolution (such as mediation or arbitration).

In any case, however, the first step to getting a truck accident case settled or litigated is filing a claim or lawsuit within the statute of limitations for the jurisdiction where the case is pending. In cases when the statute of limitations deadline is approaching, a lawyer can file a lawsuit to stop the clock from running. A knowledgeable truck accident attorney in your jurisdiction can advise you on the best way to proceed in your case to obtain the best possible result.

Whom to File a Lawsuit Against in a Truck Accident Case

Just as important as filing a timely claim or lawsuit in a truck accident case is filing the lawsuit against the proper individual or entity. If the accident victim’s attorney fails to file suit against a potentially responsible party, and the statute of limitations runs out, then the accident victim cannot file a claim for damages against that person or entity.

There are several classifications of individuals and entities responsible for truck accidents and the injuries that people suffer in those accidents. Common defendants in truck accident cases include:

Negligent Truck, Big Rig, and Tractor-Trailer Drivers

The operators of trucks, big rigs, and tractor-trailers are professional drivers and held to a higher standard than the operators of smaller passenger vehicles. These drivers are responsible for obeying the rules of the road in the jurisdictions where they operate their vehicles. They are also responsible for ensuring that the vehicles that they operate undergo the necessary inspections and maintenance at the proper times. They must also ensure that they operate and load their vehicles in accordance with all applicable state and federal motor carrier regulations.

Truck driver negligence can take many different forms:

• Speeding
• Failing to follow the rules of the road for a specific jurisdiction
• Weaving in and out of traffic
• Impaired driving
• Drowsy driving and driving too long at once
• Following too closely
• Not checking blind spots
• Failing to inspect the truck when required
• Failing to use turn signals
• Violating state and federal motor carrier regulations, especially load limits and loading procedures.

Truck drivers are also negligent when they engage in distracted driving. Distracted driving usually consists of texting, making phone calls, or otherwise using mobile devices and other electronics while operating their vehicles. Distractions can also arise outside of technology, as a driver might eat or drink on the road, read materials, talk to passengers, and more.

When truck drivers engage in negligent and distracted driving, even only for a few seconds, a serious collision with another vehicle (or even a pedestrian) can occur, resulting in equally severe injuries and sometimes fatal damages. If the accident victim can prove that the truck accident resulted from a truck driver’s negligent actions or inactions, the accident victim can name the truck driver as a defendant in any claim or lawsuit that they file in the state court system.

Negligent Trucking Companies

In addition to the truck drivers themselves, the trucking companies that employ the drivers can also be fully or partially responsible for the injuries that an accident victim suffers in a serious truck accident. Specifically, when a truck driver commits a negligent act while on the job and while within the scope of their employment as a truck driver, the trucking company that employs the driver can be responsible under an agency theory of recovery. Such an instance is sometimes called vicarious liability on the part of the trucking company.

In addition, trucking companies are responsible for hiring drivers who are both competent and skilled and who will drive the company’s trucks safely and carefully at all times. When a trucking company is negligent in its hiring practices (or if they negligently fail to supervise their drivers) and a driver in its employment causes an accident, the trucking company can become a defendant in any truck accident lawsuit the accident victim’s lawyer files. Moreover, if the accident victim can show that the trucking company knew the driver’s prior poor driving record yet chose to retain the driver anyway, the accident victim could also name the trucking company as a defendant in the lawsuit.

Negligent Truck Repair Facilities

Large trucks and tractor-trailers often require a significant amount of maintenance to stay up and running. A repair facility must regularly and routinely replace tires, repair overhead and undercarriage lights, ensure the brakes work correctly, and perform other general maintenance (such as oil changes). When a large truck, big rig, or tractor-trailer requires maintenance, a truck maintenance or repair facility usually performs the necessary work. Truck maintenance and repair facilities are responsible for ensuring that all repairs on trucks, tractors, and trailers are proper and that they perform all necessary repairs work in a safe and workmanlike manner.

When truck repair facilities fail to make the proper repairs or improperly perform them, an accident can result between the truck and another motor vehicle. For example, a truck repair facility’s negligent work could result in a steering wheel or brake malfunction while the truck is out on the road, causing the truck to collide with another motor vehicle or a pedestrian.

To demonstrate that a repair facility caused or contributed to a truck accident, the accident victim can secure the services of a qualified expert. An expert can review all of the facts and circumstances of the case and connect a truck repair facility’s negligent work with a truck accident that later occurs. If this connection exists, the accident victim could name the repair facility as a defendant in any lawsuit that they later file in the court system. The right truck accident law firm will have access to the right experts for your case.

Negligent Truck Part Manufacturers

Truck part manufacturers supply the lighting mechanisms, steering mechanisms, braking systems, and other parts that make large trucks and tractor-trailers run. Parts manufacturers are also responsible for producing the instruments that truck drivers and trucking companies use to secure loads to their trailers and ensure that they do not fall off the trailer while it is in motion.

Truck parts can be defective for a variety of reasons, and some commonly defective parts include:

In some instances, a type of defect occurs during the manufacturing process, or the factory improperly manufactured them. When an accident victim (usually through expert testimony) can prove that a defective or poorly manufactured truck or trailer part caused or contributed to an accident, the parts manufacturer can be liable for any injuries and damages that the truck accident victim suffers in the accident.

Truck parts sometimes also malfunction due to a defect that occurs during the design stage. In some cases, a design defect occurs when the risk associated with a specific part’s design outweighs the design’s benefits. In cases where an expert can show that a defectively designed truck part caused or contributed to an accident, the truck part manufacturer or designer could be liable for the damages that the accident victim suffers in the accident.

If you or someone you care about sustained injuries in a truck accident, keep in mind that negligent truck drivers, trucking companies, repair facilities, and parts manufacturers can all be liable for damages, depending on the circumstances surrounding the accident. Determining the identity of potential defendants in a truck accident case can take some time.

Therefore, seek and retain experienced legal counsel in your case as soon as possible to begin investigating how your accident occurred and identifying the responsible party or parties. A truck accident attorney in your jurisdiction can then file a claim or lawsuit against all potentially responsible parties in your case, as long as the filing takes place within the statute of limitations filing period

Proving Negligence Once the Accident Victim Files a Lawsuit in the State Court System

To recover monetary compensation for injuries suffered in a truck accident, you must typically file a claim or lawsuit against all potentially at-fault individuals or entities. If it turns out that one or more of those individuals or entities did not cause your accident, you have the option of dismissing those defendants from the lawsuit. However, if you do not file suit against all potential defendants within the applicable statute of limitations, you will forever waive your right to pursue damages against those defendants in the future.

To prove that a particular defendant, such as a truck driver or trucking company, behaved negligently, you must demonstrate that the defendant’s actions or inactions lacked a degree of ordinary reasonableness and care under the circumstances.

For example, a truck driver behaves unreasonably when they speed, weave in and out of traffic, engage in distracted driving, or violate some other rule of the road or motor carrier regulation (at either the state or federal level). Truck companies behave unreasonably when they fail to hire competent, skilled, and safe drivers to operate their trucks and other machinery, among other conduct.

Truck repair facilities engage in negligence when they fail to properly repair a truck by not exercising an acceptable degree of care. Finally, truck and trailer parts manufacturers engage in negligence when they fail to properly manufacture, test, or design parts before putting them on the market and making them available for purchase by consumers.

In some truck accident cases, it is necessary to hire and retain an expert to establish that a particular defendant breached the applicable duty of care. For example, your lawyer retains an accident reconstructionist or an expert in truck maintenance who will demonstrate that a particular defendant acted unreasonably under the circumstances.

In addition to proving that a particular defendant named in a lawsuit violated the prevailing standard of care, the accident victim must show that this breach resulted in the accident that led to their injuries. Again, testimony from an expert witness can be necessary to establish this causal connection between the breach and the accident that led to your injuries.

Finally, you must establish that you did, in fact, suffer one or more injuries in the truck accident. A medical expert, such as a doctor or other healthcare provider, can show that the truck accident was a cause (or one of several causes) of the injuries that you suffered.

If you suffered one or more injuries in a truck accident that you did not cause, a knowledgeable truck accident attorney in your jurisdiction can file a claim or lawsuit on your behalf well before the applicable statute of limitations deadline expires. Your lawyer can also assist you with meeting your burden of proof in the case and pursuing the monetary compensation you deserve from the at-fault parties and their insurance companies.

Promptly Pursuing Monetary Compensation and Damages From a Truck Accident

The primary end goal of filing a claim or lawsuit arising out of a truck accident case is to pursue monetary compensation for all of the injuries you suffered in your accident. In fact, failing to file a claim or lawsuit within the statute of limitations practically guarantees that you will no longer obtain monetary compensation for your injuries. If you file your claim within that set deadline and succeed in your claim, you can recover monetary compensation in the form of damages.

No two truck accident cases are alike. These accidents can happen in a variety of different ways, such as a head-on collision, rollover, or jackknife accident. The severity of the truck accident and the circumstances behind it can directly impact the injuries that an accident victim suffers, as well as the types of monetary compensation they can pursue.

In addition, different accident victims can suffer different injuries in a truck accident. For instance, when a truck driver negligently causes their vehicle to collide with a passenger vehicle in the rear, the driver of that vehicle can suffer a whiplash injury or muscular contusion. However, if the truck accident involved a head-on collision, the driver of the passenger vehicle can suffer a more severe injury, such as a broken bone or traumatic head injury.

The damages you might recover after a truck accident depend on the seriousness of the injuries that you suffered as well as the length and type of medical treatment that you had to undergo. The value of damages can vary widely from case to case.

For example, if an accident victim had to undergo several surgeries as a result of their truck accident injuries, their medical damages (including potential compensation for pain and suffering) are likely going to be higher than if they only needed an emergency room visit and some minor physical therapy.

In truck accident cases, injured accident victims may recover both economic and non-economic damages, depending on the circumstances of the accident, the injuries that they suffered, as well as the type and length of medical treatment involved. Economic damages compensate accident victims for their medical bills, lost wages, and other out-of-pocket costs.

These damages have a hard-and-fast number associated with them:

• Medical bills – Victims of truck accidents may recover compensation for all related medical treatment bills. They can also recoup the costs of necessary operations, including past and future surgical procedures. Finally, they can recover the costs of related therapy, including physical and occupational therapy. If medical treatment is ongoing beyond the settlement or award date, they can also include the estimated costs of future treatment.
• Lost earnings – In addition to recovering their medical costs, the victim of a truck accident can pursue monetary compensation for the income they lost because they could not work following the accident. To prove these damages, the accident victim’s employer will need to supply the necessary documentation (or testify in court) concerning the number of days and hours the accident victim was absent from work, as well as the victim’s hourly rate of pay at the time of the accident. In addition, a healthcare provider can put in writing (or testify in court) that the injuries the accident victim suffered prevented them from working following the accident. You can also recover future lost earnings when applicable.

In addition to pursuing these types of economic damages following a truck accident, an accident victim can pursue non-economic damages. These types of damages are not measurable with a hard-and-fast number. Nevertheless, they are essential to ensuring that the truck accident victim receives proper compensation for everything that they endured following the accident.

Potential types of non-economic damages that a truck accident victim might recover:

• Compensation for pain and suffering – Victims of truck accidents can pursue compensation for all of the pain, suffering, and inconvenience that they had to endure as a result of the injuries they suffered in their accident.
• Compensation for mental anguish – Truck accident victims could also pursue a claim for mental anguish, emotional distress, post-traumatic stress disorder, and other related damages that resulted from the truck accident and their injuries.
• Compensation for loss of use of a body part – In truck accidents where an accident victim suffers an injury that prevents them from using a body part (such as where the accident victim suffers a paralysis injury), the accident victim could make a loss of use claim.
• Compensation for loss of enjoyment of life – In some truck accidents, accident victims sustain injuries to such an extent that they can no longer enjoy their lives and perform the same activities and interests that they pursued in the past. In those instances, accident victims can pursue a claim for lost life enjoyment.
• Compensation for loss of spousal support – In truck accident cases where the accident victim’s injuries prevent them from being intimate with a spouse, the accident victim could claim loss of spousal support and companionship. This is also called loss of consortium.

If you or a person you love suffered an injury in a truck accident, your first step is to contact a knowledgeable truck accident lawyer in your jurisdiction who can help you file a timely claim or lawsuit. Timing is essential to make sure your attorney can properly protect your rights, so never delay in seeking the right legal help.