How Long Do I Have to File a Truck Accident Lawsuit?

If you were injured in a truck accident, you may be focused on recovering from your injuries, dealing with insurance adjusters, and figuring out how to pay your medical bills. But one critical question could determine whether you’ll be able to recover any compensation at all:

How long do you have to file a truck accident lawsuit?

The legal deadline to file a personal injury claim is called the statute of limitations, and it varies by state. Missing that deadline could cost you your entire case, even if strong evidence supports your claim.

In this post, we’ll break down:

• What a statute of limitations is
• How long you have to file (by state)
• What happens if you miss the deadline
• How to protect your rights starting today

What Is the Statute of Limitations?

The statute of limitations is a state law that sets the maximum time you have to take legal action after an event—such as a car or truck crash. For personal injury and wrongful death cases, the clock usually starts ticking on the date of the accident or the date injuries were discovered.

Filing a lawsuit after the deadline almost always results in your case being dismissed, no matter how strong your claim might have been.

How Long Do I Have to File a Truck Accident Lawsuit?

Most states give you between 1 and 3 years to file a personal injury lawsuit after a truck accident. Here’s a snapshot of the statute of limitations in key states:

State	Time Limit to File	Type of Case
Texas	2 years	Personal injury & wrongful death
Arizona	2 years	Personal injury & wrongful death
New Mexico	3 years	Personal injury
Colorado	3 years	Auto-related personal injury
California	2 years	Personal injury
Florida	2 years (as of 2023)	Personal injury
New York	3 years	Personal injury
Illinois	2 years	Personal injury
Georgia	2 years	Personal injury
Nevada	2 years	Personal injury

Note: Wrongful death claims may have different deadlines than personal injury claims in some states. Always check with a local personal injury attorney for case-specific deadlines.

What Happens If You Miss the Deadline?

If you try to file your lawsuit after the statute of limitations has expired, the trucking company’s legal team will likely file a motion to dismiss.

That means:

• You lose your right to compensation
• Medical bills and lost wages become your responsibility
• The insurance company no longer has any obligation to pay
• Your ability to hold negligent parties accountable is gone

Even if your case seemed strong, the court won’t consider it if it’s filed too late.

Exceptions to the Statute of Limitations

While most deadlines are strict, there are some limited exceptions that may extend the time you have to file:

1. Delayed Discovery of Injuries

In rare cases—such as traumatic brain injuries—symptoms may not surface immediately. Some states allow the clock to start when the injury is discovered, not the date of the crash.

2. Minor Victims

If the injured party is a minor, most states pause the statute of limitations until they turn 18.

3. Wrongful Death

Some states give families a separate deadline from the date of the person’s passing, not the date of the accident.

These exceptions are complex and fact specific. If you’re unsure whether the clock has run out, speak to an attorney immediately.

When Should You File?

Even if you technically have 2–3 years, waiting could be risky. Here’s why:

Evidence Can Disappear

Black box data, maintenance logs, GPS tracking, and driver logs can be destroyed after a certain period unless your attorney acts quickly.

Witnesses Forget What They Saw

Witness testimony is strongest soon after the crash—not a year later when memories fade.

Medical Records Build Your Case

Delaying treatment could give the defense team ammunition to argue that your injuries weren’t serious or weren’t caused by the crash at all.

Insurance Adjusters May Use Time Against You

The longer you wait, the more likely you are to settle for less with the trucking company’s insurer.

How a Truck Accident Lawyer Protects Your Claim

An experienced truck accident lawyer doesn’t just file your lawsuit—they help build the strongest case possible, starting on day one. That includes:

• Preserving and subpoenaing evidence before it’s lost
• Sending spoliation letters to prevent destruction of records
• Investigating the scene, vehicles, and driver logs
• Calculating full damages (medical bills, lost income, pain and suffering)
• Handling aggressive insurance tactics on your behalf

The earlier you involve an attorney, the more leverage you have and the better chance you have of recovering maximum compensation.

How Long Do I Have to File a Wrongful Death Lawsuit After a Truck Accident?

If your loved one was tragically killed in a truck crash, you may be entitled to file a wrongful death lawsuit against the trucking company, driver, or other parties.

Each state has its own wrongful death statute of limitations—often 2 years from the date of death. These claims can include:

• Funeral and burial costs
• Lost financial support
• Loss of companionship
• Mental anguish

Because these cases often involve large damages, trucking companies may fight them hard. Starting your case early can make all the difference.

What If You’re Still Recovering?

It’s common to feel overwhelmed by your injuries, especially if you’ve had surgeries, rehab, or are dealing with chronic pain. But you don’t need to be 100% healed to take action.

Your attorney can:

• Begin building your case immediately
• Secure medical documentation and expert opinions
• Project future costs for long-term care
• Ensure your claim is filed within the legal deadline

We Can Help You Beat the Clock on Truck Accident Deadlines

At Zinda Law Group, we’ve helped thousands of clients across the country protect their legal rights after devastating truck wrecks. Whether you were hit by a commercial vehicle, lost a loved one, or were partially blamed in a police report, our team can guide you through your options before time runs out.

Call 800-863-5312 now for a 100% free consultation.

We don’t charge anything unless we win your case.