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

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

Truck accidents can result from many factors, including driver fatigue, distracted driving, improper maintenance, or overloaded vehicles. Because of their size and weight, commercial trucks can cause catastrophic harm in a collision, leaving victims with severe injuries, emotional distress, and significant life disruptions.

At Presley and Presley Trial Lawyers, our experienced truck accident attorneys can support you in the aftermath of the crash. We can help gather evidence, meet legal deadlines, and fight for fair and just compensation.

Truck Accidents Key Takeaway

• File your truck accident claim as soon as possible to meet your state’s statute of limitations and preserve evidence.
• You can sue for being hit by a semi-truck to recover damages for injuries, losses, or wrongful death.
• Truck accident settlements vary based on injury severity, evidence strength, and insurance coverage.
• Proving fault requires solid evidence like police reports, witness statements, and black box data.
• A truck accident lawyer can handle insurers, meet deadlines, and pursue compensation.

How Long Do You Have to File a Claim After a Wreck

The time limit to file a truck accident claim varies by state under statutes of limitations. Most states allow two to three years from the accident date to file a personal injury lawsuit, with some jurisdictions having shorter or longer periods.

The timeline for a wrongful death claim may differ, often starting from the date of death rather than the accident. You should, therefore, act quickly to protect your legal right to compensation.

Evidence can deteriorate rapidly; for example, skid marks fade, witnesses’ memories blur, and documents like driver logbooks may be destroyed after mandated retention periods. Trucking companies often begin their investigations immediately, giving them an advantage if you delay.

Insurance claims have even tighter deadlines. Most policies require notification within days or weeks of the accident, and waiting too long can result in claim denial. Government entities involved in truck accidents may have notice requirements as short as 30 to 180 days.

You should consult a truck accident lawyer immediately after your collision for support. They can help meet the deadlines, preserve evidence, and build a strong case with the available evidence.

Can I Sue for Being Hit by a Semi Truck

Yes, you can sue for being hit by a semi truck. There are several compelling reasons why filing a lawsuit may be necessary after a truck accident. While many truck accident cases settle through insurance negotiations, you can initiate a lawsuit to protect your legal rights.

Here are a few reasons to initiate a truck accident lawsuit:

Low Settlement Offers

Insurance companies representing trucking corporations often make inadequate initial settlement offers that fail to cover your actual damages. These lowball offers may not account for long-term medical care, lost earning capacity, or pain and suffering.

You can initiate a lawsuit when an insurer refuses to negotiate fairly. The threat of litigation motivates insurers to make better offers to avoid lengthy and costly trials. A truck accident attorney can use the discovery processes to uncover evidence that strengthens your claim’s value.

Severe Injury or Permanent Disability

Catastrophic injuries from semi-truck collisions, like amputations, require substantial compensation beyond what insurance companies typically offer. Permanent disabilities lead to future losses, including medical expenses, rehabilitation costs, home modifications, and lost lifetime earnings.

A truck accident lawyer can use a lawsuit to present evidence of these long-term impacts and seek compensation that reflects the actual scope of your suffering.

Uninsured Driver

If the truck driver lacks adequate insurance coverage, you can initiate a lawsuit to pursue compensation from other liable parties. Additional liable parties may include the trucking company, vehicle owner, maintenance providers, or cargo loaders.

A truck accident lawyer can identify the responsible parties and their insurance policies, maximizing your recovery options when the driver’s coverage proves insufficient.

Reckless Driving

You can initiate a lawsuit when a truck driver engages in egregious behavior such as driving under the influence, extreme speeding, or texting while driving. A judge and jury can award you punitive damages if the driver disregarded the safety of other road users.

These damages punish the negligent party and deter others from engaging in misconduct that contributed to the crash.

Disputed Liability

Trucking companies and insurers frequently dispute fault, claiming you contributed to the accident or that their driver wasn’t responsible. A truck accident lawyer can use a lawsuit to subpoena evidence like electronic logging devices, maintenance records, driver qualification files, and witness testimonies.

The legal process reveals the truth and establishes liability when insurance companies refuse to accept responsibility.

Insurance Bad Faith

You can initiate a lawsuit if an insurer displays bad faith practices. Here are examples of bad faith practices:

• If an insurance company unreasonably denies your valid claim
• Delays processing without justification
• Fails to conduct proper investigations

Insurance companies have a legal obligation to provide a fair resolution of claims. When they breach these duties, litigation can result in additional compensation beyond your original damages, including penalties for their misconduct.

Wrongful Death

You can initiate a lawsuit if you lose a loved one in a wrongful death lawsuit. Wrongful death lawsuits allow surviving family members to seek compensation for funeral expenses, lost financial support, loss of companionship, and emotional suffering.

These cases require litigation to ensure families receive justice and financial stability after their tragic loss.

An experienced truck accident attorney can determine whether your situation warrants filing a lawsuit. They can also advise in the aftermath of the crash so you can make appropriate decisions that protect your legal rights.

What Factors Affect Truck Accident Settlement Values

There is no average value for a truck accident. The outcome depends on the facts and circumstances of the crash. Some of the factors that influence how much you can receive for a truck accident include:

Severity of Injury

The extent of your injuries is a primary factor influencing the settlement value. Minor injuries like bruises, sprains, or soft tissue damage result in lower settlement values, as medical expenses and recovery times are limited.

Conversely, catastrophic injuries such as spinal cord damage or traumatic brain injuries typically result in higher settlement values. Permanent disabilities that affect your ability to work, require ongoing medical treatment, or diminish your quality of life may warrant higher settlement values.

The higher settlement values cover surgeries, extended hospitalization, long-term rehabilitation, and reduced earning capacity.

Availability of Evidence

Strong evidence directly impacts settlement outcomes. Cases supported by clear documentation, including police reports, witness statements, photographs, video footage, and medical records, achieve higher settlement values.

Black box data from the truck, driver logbooks, maintenance records, and toxicology reports strengthen your claim. When evidence demonstrates the truck driver’s or trucking company’s negligence, insurers are more likely to offer substantial settlements.

Conversely, cases with limited or ambiguous evidence may result in lower settlement offers, as insurers exploit weaknesses to minimize payouts.

Insurance Coverage of the Negligent Party

The at-fault party’s insurance policy typically serves as the primary means of addressing an injured person’s damages. The coverage limits outlined in that policy establish the extent of protection available for medical expenses, property damage, and other related losses. Commercial trucking companies are required by law to carry higher levels of liability insurance, which ensures that serious claims can be properly addressed.

When multiple parties share responsibility or when several insurance policies apply, there may be additional avenues for recovery. Conversely, if a liable party maintains minimal or insufficient insurance, the available compensation may be restricted by those policy limits. In such cases, other potential sources of recovery—such as additional policies or claims—may need to be explored to help ensure that the victim’s needs are fully met..

Shared Fault

Your degree of fault can determine if you’ll receive a higher or lower settlement value. In states that follow shared liability laws, your settlement may be reduced based on your fault contribution. A truck accident attorney will ensure you are not unfairly blamed.

Legal Representation

Having experienced legal representation impacts settlement outcomes. A truck accident attorney understands federal trucking regulations, how to value claims, and negotiate aggressively with insurance companies.

You’re, therefore, likely to receive a higher settlement value than those handling claims independently. A truck accident lawyer can access investigation resources, hire expert witnesses, and have the experience to face corporate legal teams.

Insurance companies will likely make higher settlement values, knowing attorneys will pursue litigation in case of disagreements.

How to Prove an Accident Wasn’t Your Fault

Proving a truck accident wasn’t your fault requires compelling evidence establishing the other party’s negligence. A skilled truck accident attorney can gather, preserve, and present evidence demonstrating your innocence.

Here are the different types of evidence to prove the crash wasn’t your fault:

• Police Reports: A police crash report documents the officer’s assessment, citations issued, and initial fault determinations. A truck accident lawyer uses these reports to establish baseline liability and highlight any violations committed by the truck driver.
• Witness Statements: Testimonies from independent observers provide unbiased accounts of how the accident occurred. A truck accident attorney can interview witnesses to obtain written statements and use their perspectives to corroborate your version of events.
• Electronic Logging Device Data: Modern trucks contain black boxes recording speed, braking, and service hours. A truck accident lawyer can subpoena the data to reveal if the driver was speeding, fatigued, or violating federal regulations at the time of impact.
• Surveillance and Dashcam Footage: Video evidence from traffic cameras, nearby businesses, or dashcams provides undeniable proof of the accident sequence. A truck accident attorney can secure the footage before it’s deleted to demonstrate the driver’s negligence.
• Truck Maintenance Records: Poor maintenance can cause brake failures or tire blowouts. A truck accident attorney can obtain inspection reports and maintenance logs to prove that mechanical defects contributed to the crash, shifting liability to the trucking company.

Our Truck Accident Attorneys Can Help You Initiate a Timely Claim

You’re likely to endure financial strain after sustaining an injury in a truck accident. For example, the hefty medical expenses and inability to work can cause you to incur debt. You may also endure a reduced quality of life due to the inability to participate in favorite activities.

While many truck accident cases settle through insurance negotiations, you can initiate a lawsuit to protect your legal rights. Our truck accident attorneys at Presley and Presley Trial Lawyers, can use evidence to prove your losses, negotiate with insurers, or litigate on your behalf.

Don’t delay, time can cost you the right to file a claim. Contact us online or at (816) 931-4611 for a free consultation.

Truck Accidents Frequently Asked Questions