What is the Time Limit for Filing a Trucking Accident Lawsuit?

A tractor trailer or 18-wheeler wreck can give rise to a personal injury or wrongful death lawsuit. This means the lawsuit will be subject to the statute of limitations, which requires a person to take legal action within a specified period of time or else the claim is barred. The point of having statute of limitations is to make sure that a person is not punished for a crime committed long ago that is just recently coming to light. Murder or another equally heinous crime is an arena where the statute of limitations does not apply. As time goes on, evidence diminishes as well, making it harder to come up with a verdict for a trucking accident.

For instance, in Texas, the statute of limitations for bodily injury claims related to a person's recklessness or negligence is two years from the date of injury (or the date when the injury could have been reasonably discovered). In some cases, this period may be "tolled" because the victim had a legal disability, including being a minor at the time of the accident. In general, if both parties agree in the matter, then the time allotted for filing a suit may be shortened or lengthened.

The bottom line is that you don't want to risk losing your right to compensation by failing to take timely action in your case. In almost all cases, it is better to report your accident sooner so that it can be determined if you should file a claim. When a claim is filed quickly, there is better chance of all the evidence coming to light and the trial moving along quicker because issues are less convoluted. If you are still in question as to whether or not you still have time to file a claim, it would be best to consult with a legal professional.