Statute of Limitations for Truck Accidents: Complete 50-State Guide (2026)


If you were hit by a truck anywhere in America, the single most important number you need to know is your state's statute of limitations — the legal deadline for filing a lawsuit. Miss it by even one day, and you lose your right to compensation forever, no matter how strong your case is.

This guide provides a complete reference table for all 50 states plus Washington, D.C., so no matter where you are, you can find your answer instantly.

Quick Reference: Personal Injury Deadlines by State (2026)

This table shows the standard statute of limitations for filing a personal injury lawsuit after a truck or car accident in each jurisdiction. "Personal injury" includes injuries from truck accidents, car crashes, slip-and-falls, and most negligence cases.

State Deadline (Years) State Deadline (Years)
Alabama2 yearsMontana3 years
Alaska2 yearsNebraska4 years
Arizona2 yearsNevada2 years
Arkansas3 yearsNew Hampshire3 years
California2 yearsNew Jersey2 years
Colorado2 yearsNew Mexico3 years
Connecticut2 yearsNew York3 years
Delaware2 yearsNorth Carolina3 years
Florida2 yearsNorth Dakota6 years
Georgia2 yearsOhio2 years
Hawaii2 yearsOklahoma2 years
Idaho2 yearsOregon2 years
Illinois2 yearsPennsylvania2 years
Indiana2 yearsRhode Island3 years
Iowa2 yearsSouth Carolina3 years
Kansas2 yearsSouth Dakota3 years
Kentucky1 yearTennessee1 year
Louisiana2 years (changed July 2024)Texas2 years
Maine6 yearsUtah4 years
Maryland3 yearsVermont3 years
Massachusetts3 yearsVirginia2 years
Michigan3 yearsWashington3 years
Minnesota2 yearsWest Virginia2 years
Mississippi3 yearsWisconsin3 years
Missouri5 yearsWyoming4 years
Washington, D.C.3 years

⚠️ Important Notes on Recent Changes:

Florida: Reduced from 4 years to 2 years in March 2023

Louisiana: Extended from 1 year to 2 years for accidents on or after July 1, 2024

How to Find Your State's Deadline in 10 Seconds

If you live in or had your accident in... Your deadline is...
Kentucky or Tennessee1 YEAR — act immediately!
Most other states2 or 3 years (check the table to be sure)
Maine, Missouri, or North Dakota5 or 6 years — but don't wait!

Critical Exceptions That Can Shorten or Extend Your Deadline

The numbers above are the general rules. However, your specific situation may have a different deadline. Here are the most important exceptions every truck accident victim needs to know:

1. Claims Against Government Entities (Shorter Deadline — 6 months to 2 years)

If the truck that hit you was owned by a government agency (city garbage truck, school bus, police vehicle, state highway department truck), the rules change dramatically.

  • South Carolina: You may have only 1 year to file a verified claim, and the lawsuit must be filed within 2 years of discovery
  • California: You may have as little as 6 months to file a claim against a government entity
  • Many states require a special "Notice of Claim" before you can even file a lawsuit

🚨 Critical Warning:

Government claims often have the shortest deadlines — sometimes just 6 months. If you were hit by any vehicle with government plates, contact a lawyer immediately.

2. Minors (Extended Deadline)

If the injured person is under 18 years old, the statute of limitations is usually "tolled" (paused) until they turn 18.

  • South Carolina: The disability cannot extend the filing period by more than 5 years for minors
  • Wisconsin: Minors have 2 years after turning 18 to file

3. The Discovery Rule (When the Clock Starts Late)

In some cases, you don't discover your injury until weeks or months after the accident. Most states apply a "discovery rule" — the clock starts when you knew or should have known about your injury and its cause.

  • South Carolina: Under S.C. Code § 15-3-535, the 3-year period begins when you knew or by reasonable diligence should have known you had a cause of action
  • Tennessee: Courts interpret the discovery rule narrowly; do not assume it applies without consulting an attorney

4. Wrongful Death (Different Start Date)

If someone dies from their injuries, the clock may start on the date of death, not the accident date.

  • South Carolina: Under § 15-3-530(6), the 3-year period begins on the date of death
  • Tennessee: The one-year deadline typically runs from the date of the original injury, not the death

How to Search for Your State's Deadline Yourself

If you want to verify your state's deadline directly, copy and paste these search phrases into Google:

What you want to know Search this phrase
General personal injury deadline"statute of limitations personal injury [state name]"
Truck accident deadline"truck accident statute of limitations [state name]"
Government vehicle claim"sue government entity [state name] deadline"
Wrongful death deadline"wrongful death statute of limitations [state name]"
Minor exception"tolling for minors statute of limitations [state name]"

What Happens If You Miss the Deadline?

The consequences are severe and absolute:

  • The court will dismiss your case immediately upon the defendant's motion
  • The dismissal is permanent — you cannot refile
  • Insurance companies know this and will delay negotiations until the deadline passes
  • Even the strongest case with clear liability dies the day after the deadline

One-third of legal malpractice cases stem from attorneys miscalculating statutes of limitations. Don't trust a quick Google search alone — verify with a qualified attorney.

Practical Timeline After a Truck Accident

Time After Accident Recommended Action
First 48 hoursSeek medical care, document the scene, get witness information
First weekReport the accident, preserve evidence (photos, ELD data, trucking records)
First monthTrack all medical treatment, consult with a truck accident attorney
First 6 monthsIdentify all potential defendants (driver, carrier, broker, shipper)
1 yearVerify your deadline — many states require filing by this point
Before deadlineEnsure lawsuit is properly filed and served within the limitations period

Final Summary

Your situation Key takeaway
Accident in Kentucky or TennesseeYou have only 1 year — act immediately
Accident in most other statesYou have 2-3 years — but don't wait
Accident with government vehicleYou may have 6 months to 2 years — much shorter
Minor child injuredDeadline extends until they turn 18 (plus state-specific period)
Unsure about your deadlineSearch "statute of limitations [state name]" or contact an attorney

Disclaimer: This information is current as of May 2026 based on verified sources. Laws change frequently, and exceptions may apply to your specific situation. Always consult a licensed attorney in your state for advice about your case. This is not legal advice.

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