Truck Accident Statute of Limitations by State (2026)
The clock starts the day of the crash. Miss the deadline and you lose your right to sue — even if your case is otherwise strong. Here is every state's time limit for personal injury and wrongful death claims arising from a truck accident.
The 60-second answer
- Most states give you 2 years to file a personal injury lawsuit after a truck accident.
- Kentucky, Louisiana, and Tennessee are the strictest at 1 year. Talk to a lawyer immediately if your accident happened in any of those states.
- Maine, Minnesota, and North Dakota give you the most time — 6 years for personal injury claims.
- Wrongful death deadlines are usually shorter than injury deadlines — and they start running the day your loved one passed, not the day of the crash.
- Claims against a government-owned vehicle (e.g. a state truck or municipal garbage truck) often have much shorter notice deadlines — sometimes as little as 60–180 days. Don't wait.
Full state-by-state table
| State | Personal Injury | Wrongful Death | Notes |
|---|---|---|---|
| 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 | Auto accidents — 3 years from date of injury. |
| Connecticut | 2 years | 2 years | — |
| Delaware | 2 years | 2 years | — |
| Florida | 2 years | 2 years | Reduced from 4 years effective 2023. |
| 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 | Shortest in US — act fast. |
| Louisiana | 1 year | 1 year | Shortest in US — act fast. |
| Maine | 6 years | 2 years | Longest injury SOL. |
| Maryland | 3 years | 3 years | — |
| Massachusetts | 3 years | 3 years | — |
| Michigan | 3 years | 3 years | — |
| Minnesota | 6 years | 3 years | Longest injury SOL. |
| 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 | Longest injury SOL. |
| 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 | Shortest in US — act fast. |
| 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 | — |
When the clock actually starts
For most truck accidents, the statute of limitations begins on the date of the crash itself. But there are real-world exceptions that can either delay or accelerate the deadline:
- Discovery rule — If a serious injury was not obvious until days or weeks later (concussions and internal injuries are common examples), some states start the clock from the date the injury was discovered, not the date of the crash.
- Wrongful death — The clock typically starts on the date of death, not the date of the accident. If the victim survives for weeks or months before passing, this matters.
- Minor plaintiffs — If the injured person is a minor, most states pause the statute of limitations until they turn 18.
- Government defendants — Suing a government entity (state DOT trucks, municipal vehicles, postal trucks) almost always requires a separate notice of claim filed within 60–180 days. Miss the notice deadline and the longer SOL becomes irrelevant.
- Multi-state crashes — If the truck was registered in one state, the driver lived in another, and the crash happened in a third, multiple SOLs may apply. The shortest one usually wins.
What the deadline really means
The statute of limitations is the deadline by which you must file a lawsuit, not the deadline to settle. Most truck accident claims settle without a lawsuit — but you still need to file a complaint within the SOL to preserve your right to sue if settlement talks break down.
Insurance companies for trucking companies know exactly how long you have. A common stalling tactic is to negotiate slowly until the deadline gets close, then either lowball you or offer nothing knowing you can no longer sue. Filing well before the deadline — ideally within the first year — keeps leverage on your side.
What to do today if your accident was recent
- Get medical care and document everything. Even injuries that feel minor can take days to fully manifest. Every visit creates a record that ties symptoms to the accident.
- Preserve evidence. Photograph the truck, the scene, your injuries. Save every receipt. Identify witnesses. Trucking companies are required to preserve their black box data and driver logs once they know about a potential lawsuit — but only if they receive proper notice.
- Talk to a truck accident attorney. Most offer free consultations and only charge if they win (contingency fee). They will calculate the true SOL for your situation, send a preservation letter to the trucking company, and protect your claim while you focus on healing.
- Don't talk to the trucking company's insurer. Adjusters call early, sound friendly, and look for any statement they can use to reduce your claim. Anything you say is recorded and can be used against you. Refer them to your attorney.
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