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

If you suffered an injury or lost a loved one in a truck accident due to someone else’s negligence, you likely have a lot of questions about how to hold the at-fault party accountable and get compensation. One question you need to address sooner than later is how long do I have to file a claim for a truck accident?

You deserve compensation for what you’ve endured, but time is of the essence. You need a lawyer who understands the time limits for filing a claim so they can protect your rights and secure the resources you need to move forward.

Read on to learn of the legal timelines of pursuing a truck accident claim. You can also contact an experienced Brooklyn truck accident lawyer in your area. They can guide you through the process and ensure you don’t miss critical deadlines. They can also fight for your rights and improve your chances of getting the best outcome possible.

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Brooklyn Truck Accident Guide

• You Need to File a Truck Accident Claim as Soon as Possible
  
• General Statute of Limitations for Truck Accidents
• Factors Affecting Filing Deadlines
• Special Considerations for Truck Accidents
• Steps to Take Immediately After a Truck Accident
• Get Help from an Experienced Truck Accident Attorney Near You

You Need to File a Truck Accident Claim as Soon as Possible

When it comes to truck accident claims, you must act quickly. While you might be tempted to put off legal action as you deal with immediate medical needs and emotional trauma, delaying can seriously jeopardize your case. 

Here’s why you shouldn’t delay in contacting an attorney and starting your claim:

• Your lawyer needs to preserve evidence. Skid marks fade, vehicles get repaired or scrapped, and accident scenes change. The sooner your legal team can investigate, the more accurately they can reconstruct what happened.

• Witness memories fade fast. People who saw the accident occur may move away or forget important details. Prompt action allows your lawyer to gather fresh, reliable witness accounts.
• Building a strong case takes time. Your attorney needs to collect medical records, consult with experts, and thoroughly investigate all potentially liable parties. Giving them more time to prepare strengthens your position.
• Insurance companies move quickly. They’ll be working to minimize their payout from day one. The sooner you have representation, the better protected you’ll be from tactics designed to undervalue your claim.

Most importantly, there are legal time limits – known as statutes of limitations – that strictly govern how long you have to file a lawsuit. Miss this deadline, and you could lose your right to seek compensation entirely.

Factors Affecting Filing Deadlines

While the general statute of limitations provides a basic framework, several factors can influence the specific deadline for your truck accident claim. You should understand these nuances to ensure you don’t inadvertently forfeit your right to compensation.​

Type of Claim (Personal Injury vs. Property Damage)

The nature of your claim can affect how long you have to file:

• Personal injury claims typically have longer statutes of limitations.

• Property damage claims (for vehicle repairs or other damaged possessions) sometimes have shorter deadlines, though they’re often the same as personal injury limits.
• If you’re filing both types of claims from the same accident, it’s safest to adhere to the shorter of the two deadlines.​

Identity of the Defendant (Private Individual vs. Government Entity)

Who you’re filing against can dramatically impact your timeline:

• Claims against private individuals or companies usually follow your state’s standard statute of limitations.

• Government entities often have much shorter notice requirements. You might need to file a notice of claim within 90 days or less, even if the actual lawsuit deadline is longer.
• Federal entities like the U.S. Postal Service have their own specific procedures and timelines.​

Discovery Rule and Its Application

Sometimes, injuries or their connection to an accident aren’t immediately apparent. 

The discovery rule can extend the filing deadline in these cases:

• This rule allows the statute of limitations to begin when you discover (or reasonably should have discovered) your injury and its link to the accident.

• It’s most commonly applied in cases involving latent injuries, like some brain trauma or internal injuries that manifest later.
• The discovery rule isn’t automatic—your lawyer needs to prove that you couldn’t have reasonably known about the injury earlier.

These factors underscore why you need to consult a knowledgeable truck accident attorney promptly. They can analyze the specific circumstances of your case to determine exactly how long you have to file and ensure you don’t miss any critical deadlines.​

Minors and Incapacitated Individuals

The law recognizes that some victims cannot file claims on their own behalf:

• For minors (under 18), the statute of limitations often doesn’t start running until they turn 18. This means they may have until their 20th or 21st birthday to file, depending on the state’s standard limit.

• Similarly, individuals who are mentally incapacitated at the time of the accident may have extended deadlines. The clock typically starts when they regain capacity or when a legal guardian is appointed to act on their behalf.

These extensions don’t always apply to all types of claims or defendants. For instance, claims against government entities might still have shorter notice requirements, even for minors.​

Hit-and-Run Incidents

When the at-fault driver flees the scene, it can complicate the timeline:

• Some states toll (pause) the statute of limitations until the responsible party is identified.

• Other jurisdictions may extend the filing deadline by a set period for hit-and-run cases.

The specific rules vary widely by state, so consult a local attorney immediately if you’re dealing with a hit-and-run truck accident.​

Defendant Leaving the State

If the person or company responsible for your accident leaves the state after the incident, it can affect the time your attorney has to file a claim.

For example:

• Many states will pause the statute of limitations while the defendant is absent.

• The clock typically resumes once they return or can be served with legal papers.

This rule can be complex when dealing with trucking companies that operate across state lines.​

Special Considerations for Truck Accidents

Truck accidents often involve unique complexities that can impact your claim and its timeline. These include:​

Multiple Potentially Liable Parties

Unlike a typical car accident, truck crashes often involve numerous potentially responsible parties:

• The truck driver

• The trucking company
• The owner of the trailer (if different from the truck)
• Cargo loading companies
• Truck or parts manufacturers
• Maintenance providers

Each of these parties may have separate insurance policies and legal teams. Investigating and building a case against multiple defendants takes time, so you need a lawyer to start the process immediately.​

Federal Regulations 

The federal government heavily regulates the trucking industry. Sometimes, this can affect your claim, such as:

• Violations of Federal Motor Carrier Safety Administration (FMCSA) regulations can be powerful evidence of negligence.
• Trucking companies are only required to keep certain records (like driver logs) for a limited time. Quick action can help preserve this crucial evidence.

To understand how these regulations apply to your case, speak with an attorney experienced in truck accident cases.​

Insurance Company Involvement

Truck accidents often involve high-value insurance policies:

• Commercial policies typically have much higher limits than personal auto insurance. This means insurance companies have more at stake and may fight harder to minimize payouts.

• Multiple layers of coverage (primary and excess policies) can complicate negotiations.

An experienced truck accident lawyer has the resources and know-how to navigate insurance complexities and deal with insurance companies for you.​

Steps to Take Immediately After a Truck Accident

The actions you take immediately after a truck accident can significantly affect your ability to file a successful claim.

Always make your health and safety your top priority.

• Get immediate medical care, even if you don’t think you’re seriously hurt. Some injuries, like whiplash or internal trauma, may not be immediately apparent.

• Follow all treatment plans and attend follow-up appointments. This creates a clear medical record linking your injuries to the accident.
• Keep detailed records of all medical visits, treatments, and expenses related to the accident.

Prompt medical attention protects your health and provides crucial documentation for your claim.

• If it’s safe to do so, photograph the accident scene, including vehicle positions, damage, road conditions, and any visible injuries.

• Get contact and insurance information from the truck driver and any other involved parties.
• Collect contact details from any witnesses.
• Write down your recollection of the accident as soon as possible, while details are fresh in your mind.
• Request a copy of the police report.

This documentation can establish fault for what happened.

• Contact an attorney. Early legal guidance can make a significant difference.

• Many truck accident attorneys offer free initial consultations. Take advantage of this to understand your rights and options.
• An experienced lawyer can help preserve critical evidence, such as the truck’s black box data or the driver’s logs before it’s lost or destroyed.
• They can also handle communications with insurance companies, protecting you from saying anything that might hurt your claim.
• Your attorney can start building your case immediately, ensuring you don’t miss any important deadlines.

By taking these steps promptly, you put yourself in the best position to file a strong claim within the required timeframe. However, even if you couldn’t do all of these things immediately after the accident, don’t assume it’s too late. A skilled truck accident attorney can often still build a compelling case, so reach out for a consultation as soon as possible.​

Get Help from an Experienced Truck Accident Attorney Near You

At the Rothenberg Law Firm LLP, Brooklyn personal injury lawyer, we believe you should focus on healing after suffering injuries in a truck accident—not worrying about legal deadlines or insurance negotiations.

For more than 50 years, we’ve represented thousands of injured individuals and families, recovering billions of dollars in total compensation for our clients. Having successfully handled numerous truck accident cases, we understand your unique challenges and are committed to fighting for the compensation you deserve.

Don’t let confusion about filing deadlines or the complexities of truck accident claims prevent you from seeking the justice and compensation you’re entitled to. Contact the Rothenberg Law Firm LLP today for a free case evaluation. Our compassionate team is ready to listen to your story, answer your questions, and provide the guidance you need to move forward.