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

File a Claim for a Truck Accident

Written by Jeremy D. Earle, JD

April 20, 2022

Do I have Time to Make a Truck Accident Claim?

When you’re involved in a truck accident, your life is turned upside down. You’re nervous, frustrated, and overwhelmed for days, weeks, or even months as you attempt to put the pieces back together. Medical care is most likely your primary priority, followed by paying expenses and going back to enjoying your life.

You want to go on with your life. You may believe you don’t want to deal with the “trouble” of submitting an insurance claim, but you may later realize it’s your only way to get back on your feet financially.

Truck accidents can result in catastrophic injuries that affect the hurt individual and their family and friends. Victims of truck accidents caused by someone else’s carelessness or recklessness are entitled to compensation, resources, and all the assistance they need to achieve the best possible recovery.

However, you are running out of time. The time truck accident victims have to file a lawsuit for their injuries is limited by law. These time constraints vary by state and the circumstances of the accident, but failing to comply with them might result in you losing your right to be compensated at all.

Quick measures are essential to guarantee you retain evidence from your accident and get back on your feet, such as having a medical check-up and contacting a truck accident lawyer.

Let’s look at the elements that influence how long you have to submit a truck accident claim. Contact a competent lawyer in your state immediately for additional information about your rights after being injured in a truck accident.

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State-specific time limits apply.

The interstate trucking sector is governed by a single set of federal laws that apply throughout the country.

However, there is no set time limit for truck accident plaintiffs to bring a case after a transportation accident.

Instead, each state has its statute of limitations, so your rights as a truck accident victim may vary depending on where the accident occurred.

Consider the following scenario:

In most circumstances, the statute of limitations for filing a truck accident injury claim in Colorado is two years after the accident occurs. However, there are several exceptions to this rule. Colorado law may provide more time to submit a claim when an injured individual is a youngster or has a legal disability.

In most truck accident injury cases in Colorado, the statute of limitations is two years from the date of injury; however, if the injury was not discovered right away, you may have one year from the date you discovered it or from the date you should have discovered it, to file a claim. 

In Colorado, the statute of limitations for a truck accident injury claim is one year from the date of injury; however, exceptions may apply for injured minors and f

Are you perplexed yet? You don’t have to deal with it on your own.

A seasoned truck accident injury lawyer is well-versed in the statute of limitations regulations. To ensure that you do not run out of time to submit your truck accident claim, you must pay close attention to detail and have a thorough understanding of the rules of the state where the accident occurred – as well as the laws of the states where the parties in a case live.

You should only entrust your truck accident injury claim to a professional personal injury lawyer, regardless of your residence. Don’t be hesitant to make a call. Time is money in situations like this.

The length of time you have to sue depends on who you sue.

The amount of time you have to file a lawsuit following a truck accident depends on who you wish to sue.

When a state or local government organization is legally liable for a truck accident that causes you harm, one of the most critical time limits applies. Yes, you may “sue the government” for causing a truck accident, but it’s not easy: you’ll have to satisfy certain extremely strict deadlines.

Listed below are a few examples:

In most situations, claims against government entities must be submitted within six months after the harm, while some conditions enable claims to be made within a year.

In Colorado, you only have six months to claim the government after an accident. However, it would help if you were cautious about relying on that deadline since some Colorado cities also require you to submit a notice of claim with the city within a considerably shorter timeframe.

The city charter of Colorado Springs, for example, mandates anybody harmed by the conduct of a municipal employee (such as one driving a city-owned car) to file a claim within 90 days of the accident.

In Colorado, a government body faces the same one-year statute of limitations as a private person or business.

These restrictions are enough to make your head spin, and depending on the state you reside in, there are many more. That’s why, no matter where you are in the country, the best method to handle your claim to contact an expert truck accident injury lawyer as soon as possible following the accident.

What Happens if the Deadline Is Missed?

It’s horrible stuff, as you would have imagined. There is no “make-up time” for a missed deadline in almost every instance involving a truck accident. Allowing the statute of limitations to run out in most jurisdictions means permanently losing the ability to file a case. That implies there will be no monetary compensation.

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Commercial vehicles may be up to 30 times the weight of a typical passenger car. This means they cause immense damage and a stunning physical, emotional, and financial toll in the event of a collision. Collision victims, most occupants of smaller cars, frequently suffer severe or fatal injuries. Medical costs continue to mount. Victims and their families cannot return to work; others may never be able to return. Relationships deteriorate as a result. It’s easy to feel overwhelmed by life.

These folks need assistance, and we’ve made it our professional goal to provide it.

If you were injured in a commercial truck accident, contact an expert truck accident injury lawyer as soon as possible. The time to optimize your compensation is running out.

Lawyers with a lot of experience respond quickly. 

Obtaining and studying the truck driver’s employment records may assist truck accident victims in developing a compelling cases. This might disclose risk indicators, including hours-of-service violations, a history of negligent or irresponsible driving, a lack of proper training, or a medical condition that should have prevented the driver from operating a large truck.

Examining data from the truck’s onboard recorders might indicate brake or engine system faults or give proof of the trucker’s driving conduct, such as speeding or failing to respond to road dangers.

Examining the truck driver’s paperwork, including any pre-trip inspections and regular maintenance records for work done on the car. This information might suggest that the driver failed to execute a mandatory inspection or that essential maintenance on the car was not performed.

Obtaining and examining pieces of the wrecked car to see whether any parts malfunctioned and, if so, if a defect caused the malfunction. This is where a forensics specialist can assist.

Identifying all parties—individuals and businesses alike—involved in the events leading up to and including the accident and determining which of them made poor judgments or conducted unsafe activities that contributed to the disaster’s occurrence.

Examining the financial resources available to compensate wounded truck accident victims for their losses, such as insurance plans and personal or corporate assets.

Speaking with physicians and other professionals to determine the type and degree of a truck accident victim’s injuries. This aids them in determining how much money the victim should be compensated for their pain and suffering.

That’s a lot of effort that a truck accident attorney may relieve you of!

Of course, each truck accident has its own set of circumstances, so what an attorney does for each client might vary significantly. On the other hand, all truck accidents often need a great amount of work. An accident victim has to file a lawsuit that is limited by state and local legislation. This may place a lot of pressure on attorneys to complete the task as fast as possible. So, if you or a loved one has been harmed in a truck accident, don’t delay to get legal assistance. You don’t have time to squander.

To expedite your accident claim, follow these steps.

The lawyer does most of the hard work in preparing a case for a truck accident victim. Victims already have enough to worry about. It is the role of an attorney to make their life simpler, not more difficult.

You and your lawyer aren’t powerless when meeting tight deadlines for pursuing legal action to get compensation. Truck accident victims have a chance to make a difference in the battle to defend their legal rights. Here are some ideas on how you might assist your lawyer after the accident:

At the accident location, gather as much visual evidence as possible.

No one is expecting you to go all CSI on us. Snap as many images as you can of the cars, the road, and the surroundings if you can do so safely while remaining at the site of a truck collision. Take pictures of any business branding on the truck that crashed, as well as all of the licence plates.

Avoid getting in the path of first responders and putting yourself at risk. Do not risk aggravating your injury. Photos are helpful, but your safety should always come first.

Photo evidence helps your lawyer evaluate the accident and determine who may be liable for damages to you.

Seek medical attention and heed your doctor’s recommendations.

This point cannot be emphasized enough. Even more, than collecting evidence, the most important thing you can do following a truck collision is to make sure you get medical help.

Do not think that simply because you feel “fine” after an accident, you are “fine.” Adrenaline rushes in the aftermath of an accident might hide your discomfort. Many devastating truck accident injuries might not manifest symptoms straight away. Soft tissue injuries may take days or weeks to manifest, but they can leave you with long-term discomfort.

Allow an EMT on the spot to examine you and, if necessary, travel in an ambulance to the hospital. As soon as possible following your car accident, arrange a comprehensive check-up with your normal doctor.

You are not capable of diagnosing your ailments. Allow a doctor to do that life-saving procedure and then follow their instructions. Make sure you don’t forget about your follow-up visit. Do not miss a treatment appointment. If your doctor says it’s acceptable, don’t stop taking your prescription.

Following through on medical treatment as soon as possible following a truck accident benefits you in two ways. First and foremost, it safeguards your health and well-being. Second, it generates medical data that may be used to establish a link between the truck accident and your injuries. This makes your lawyer’s work considerably simpler and may help your case go ahead more quickly.

Keep all of your paperwork, bills, and receipts!

Every shred of documentation relating to your car accident and injuries should be saved. Every small thing you can do to improve your case will help: Expenses for medical treatment In the mail, you’ll find insurance paperwork.

Detailed summaries of your medical care. Receipts for the hospital’s paid parking. Invoices from home cleaners or child care providers that you have to employ due to your injury. Pay stubs from previous jobs indicate how much you would have made if you hadn’t been injured.

Save that paper, no matter how little or inconsequential it seems to be—nothing like a crisp, unambiguous, dated paper for proving a point. Your lawyer can assist you in keeping track of all of the documentation. If you’ve misplaced any or all of them, we can help you get copies—it’ll just take a bit longer.

Now is the time to seek legal assistance.

If you or a loved one was seriously hurt in a truck accident, you might be entitled to compensation. Act fast to avoid the expiration of the statute of limitations. Don’t put it off any longer; get assistance right now. Our legal staff is ready for free consultations 24 hours a day, seven days a week.

 

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