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Statutes of limitations in different states

The statute of limitations sets the legal deadline for filing a lawsuit. In truck accident cases, this timeframe varies by state and can determine whether a victim has the right to pursue compensation.

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  • Truck Accident Law Team
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Statutes of Limitations in Different States for Truck Accident Lawsuits

General Rule

  • The statute of limitations is a state law defining how long an injured party has to file a lawsuit after a truck accident.
  • Missing this deadline usually results in losing the right to sue, regardless of the case’s merits.

Typical Timeframes

  • Most States: 2–3 years from the date of the accident (e.g., Texas = 2 years, California = 2 years, New York = 3 years).
  • Shorter Deadlines: Some states, like Kentucky and Louisiana, allow only 1 year.
  • Longer Deadlines: A few states, such as Maine and North Dakota, allow up to 6 years.

Wrongful Death Cases

  • Deadlines for filing wrongful death lawsuits after fatal truck accidents may differ from personal injury deadlines (often 1–3 years).
  • The clock typically starts on the date of death rather than the accident.

Claims Against Government Entities

  • Special rules apply if suing a state or local government for unsafe roads or negligence.
  • Many states require filing a notice of claim within 30–180 days, much shorter than general deadlines.

Exceptions That May Extend Deadlines

  • Discovery Rule: In rare cases, the statute may start when the injury is discovered, not when the accident occurred.
  • Minor Victims: For injured children, the clock may not begin until they reach the age of majority.
  • Fraud or Concealment: If a defendant concealed wrongdoing, the statute may be tolled (paused).
  • Knowing the statute of limitations is crucial for both victims and attorneys.
  • Attorneys must file lawsuits on time or risk dismissal.
  • Trucking companies and insurers often use statute deadlines as a defense to avoid liability.

Summary: Statutes of limitations for truck accident lawsuits vary widely among states, typically ranging from 1 to 6 years. Victims must act promptly, as missing the deadline usually bars recovery, regardless of the case’s strength.

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Truck Accident Law Team

Written by : Truck Accident Law Team

Attorneys, investigators, and legal writers focused on U.S. trucking safety, litigation strategy, and victim advocacy.

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