| What
is the Statute of Limitations for Making a Claim For a Truck
Accident?
Truck
accidents, like car accidents and most other personal injury
accidents are generally governed by the statute of limitations
for actions called torts. Each state has different and varying
laws which limit the time period that a person can bring lawsuits.
The theory behind enacting a statute of limitations is to
prevent stale or old claims from being brought too long after
the event occurred. Most states attempt to balance a victim's
right to bring a claim against a defendant's right to know
that a claim will not be brought after a certain period. Generally,
the longer the statute of limitations, the more difficult
to preserve evidence and witness memories about the events.
States like Texas have a two year statute of limitations
for tort actions, which would include bringing of claims involving
truck accidents. Other states, like Louisiana only allow a
claim to be brought within one year from the date of the truck
accident.Florida has a four year statute of limitations for
injury actions. California also has a one year limitation
for injury actions.
If you are not sure of the statute of limitation period in
your state, the safest route is to seek the advice of an attorney
within one year from the date of the accident. There may be
laws that require a person initiating a claim to first file
for an administrative remedy (as in the case of a tort under
the Federal Tort Claims Act).
By seeking the advice of an attorney within the first year
of the truck accident, the plaintiff will also give the attorney
an advantage in collecting evidence while it is still fresh
in the minds of the witnesses. Police officers investigate
so many accidents each year that it is hard for them to recall
the specifics of any particular truck accident years later.
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