How Long Do I Have to File a Truck Accident Claim?

Truck accidents are devastating, causing severe injuries as well as property damage to vulnerable motorists in much smaller vehicles. After a truck accident, expenses mount quickly, often at the same time that the pain and temporary or permanent disability interfere with the ability to work. These losses are the “damages” in a truck accident claim when an injury victim seeks compensation.

During the initial days after a truck accident, it’s natural for a seriously injured victim to focus on healing, but when they’re facing financial consequences as well as the physical harm of the accident, they turn their attention to seeking compensation. One of the first questions injury victims ask is: “How long do I have to file my truck accident claim in Oklahoma?”

If you’re overwhelmed by medical bills, time away from work, or insurance company pushback, a trusted truck accident attorney in Oklahoma City can explain your rights and help you pursue full compensation.

 

What Is the Statute of Limitations for Truck Accident Claims in Oklahoma?

All states set a time limit, or a statute of limitations, for personal injury claims, including truck accident cases. In Oklahoma, truck accident victims typically have two years from the date of the accident to file a claim under Oklahoma § 12-95. 

A minority of truck accident claims go to court due to an insurance company’s failure to offer a reasonable settlement. In these cases, the injury victim (the plaintiff) must file the lawsuit within two years of the accident, or the court will refuse to hear the case. For this reason, insurance companies do not honor claims filed past the two-year statute of limitations.

A time limit for truck accident claims helps ensure that evidence remains available and that eyewitness testimony is still reliable during the claim process or in court. It also protects defendants from the long-term threat of lawsuits.

Are There Exceptions to the Statute of Limitations for Oklahoma Truck Accidents?

An Oklahoma City truck accident lawyer will evaluate the merits of a truck accident case, including how the state’s statute of limitations impacts your case. The court allows limited exceptions to the two-year statute of limitations and may extend the time limit under the following circumstances:

• When a truck accident victim is a minor when the accident occurs, they have up to two years from their 18th birthday to file a claim
• If a truck accident victim discovers an injury some time after the accident, the two-year time limit begins on the date of the discovery or when they should reasonably have discovered the injury
• If a truck accident victim is significantly incapacitated for some time after the accident, the two-year time limit begins on the date they recover their cognitive ability

Government agencies have different deadlines and filing requirements when they are liable in an accident or injury claim. If the truck is a government vehicle, the statute of limitations is only one year from the accident date. An experienced truck accident lawyer in OKC can help you navigate these complex deadlines and ensure your claim is filed on time.

How Does the Two-Year Time Limit in Oklahoma Truck Accident Cases Impact a Claim?

Two years may seem like more than enough time for the claim process, but truck accident claims are legally challenging. It takes a thorough investigation into all aspects of the truck accident to determine the cause, the liable party, and the appropriate insurance company.

There are multiple potentially liable parties due to the complexity of the trucking industry, including the driver, the trucking company, a truck maintenance company, a negligent freight-loading company, or the manufacturer of a defective part. Any entity involved in the trucking industry could be the liable party if they failed to adhere to regulations under the Federal Motor Carrier Safety Administration (FMCSA) or didn’t take reasonable care.

The investigation may take a significant time to complete. Then, a truck accident attorney makes a carefully calculated list of damages to maximize a truck accident victim’s financial recovery. Once the investigation is complete, negotiations begin for a settlement.

The above process can be time-consuming in a truck accident claim, and must still leave adequate time to go to court within the statute of limitations should the insurance company wrongfully deny the claim.

Contact an Oklahoma City Truck Accident Lawyer at Dan Davis Law Today

If you or a loved one has been injured in a truck accident, don’t wait to protect your rights. Contact an experienced Oklahoma City truck accident attorney from Dan Davis Law today at (405) 930-4210 to schedule a free consultation, discuss your case, and pursue the compensation you deserve.