What is the Statute of Limitations?
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. For truck accidents, this clock typically starts ticking on the date of the accident.
If you fail to file a lawsuit before the statute of limitations expires, you lose the right to sue—regardless of how serious your injuries are or how clearly the truck driver was at fault.
Important Warning
While the statute of limitations may be 2-4 years, waiting too long creates serious problems. Evidence is lost, witnesses forget details, and trucking companies may legally destroy records. Contact an attorney as soon as possible after your accident.
Statute of Limitations by State
The following table shows personal injury statute of limitations for each state. Wrongful death claims may have different deadlines.
| State | Personal Injury | Wrongful Death |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| California | 2 years | 2 years |
| Colorado | 3 years | 2 years |
| Connecticut | 2 years | 2 years |
| Delaware | 2 years | 2 years |
| Florida | 4 years | 2 years |
| Georgia | 2 years | 2 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 2 years | 2 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 2 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 1 year |
| Louisiana | 1 year | 1 year |
| Maine | 6 years | 2 years |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 3 years | 3 years |
| Minnesota | 2 years | 3 years |
| Mississippi | 3 years | 3 years |
| Missouri | 5 years | 3 years |
| Montana | 3 years | 3 years |
| Nebraska | 4 years | 2 years |
| Nevada | 2 years | 2 years |
| New Hampshire | 3 years | 3 years |
| New Jersey | 2 years | 2 years |
| New Mexico | 3 years | 3 years |
| New York | 3 years | 2 years |
| North Carolina | 3 years | 2 years |
| North Dakota | 6 years | 2 years |
| Ohio | 2 years | 2 years |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 3 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 3 years |
| South Carolina | 3 years | 3 years |
| South Dakota | 3 years | 3 years |
| Tennessee | 1 year | 1 year |
| Texas | 2 years | 2 years |
| Utah | 4 years | 2 years |
| Vermont | 3 years | 2 years |
| Virginia | 2 years | 2 years |
| Washington | 3 years | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 3 years |
| Wyoming | 4 years | 2 years |
Note: This information is for general guidance only. Statutes can change and exceptions may apply. Consult an attorney for advice on your specific situation.
Exceptions That May Extend or Shorten Deadlines
Minor Children
The statute typically doesn't begin until the child turns 18. However, a parent or guardian may need to file sooner for certain claims.
Discovery Rule
In some cases, the clock doesn't start until the injury was discovered or reasonably should have been discovered.
Defendant Leaves State
Time the defendant spends out of state may not count against the statute of limitations.
Mental Incapacity
If the victim is mentally incapacitated, the statute may be tolled (paused) until capacity is restored.
Government Defendants
Claims against government entities (USPS, municipal trucks) have much shorter deadlines—often 6 months to 1 year.
Fraudulent Concealment
If the defendant concealed evidence or their role in the accident, the deadline may be extended.
Why You Should Act Fast
Even if you have years before the deadline, there are compelling reasons to contact an attorney immediately:
- •Evidence Destruction: Trucking companies can legally destroy ELD data and logs after 6 months
- •Witness Memory: Witnesses forget details over time; early statements are more reliable
- •Physical Evidence: Vehicles may be repaired or scrapped, destroying crash evidence
- •Investigation Quality: Fresh evidence leads to stronger cases
- •Negotiation Leverage: More time before the deadline gives leverage in negotiations