You've got a clock running, and the state where the crash happened set it. The truck accident statute of limitations is the legal deadline to file a lawsuit, and it varies by state, commonly one to six years for personal injury, with Tennessee at one year and Maine, Minnesota and North Dakota at six. Wrongful death deadlines are often measured differently, and claims against government entities usually require formal notice within months.

A statute of limitations is the cutoff for filing a lawsuit. Miss it and a court will almost certainly throw the case out, no matter how good your evidence is. Each state sets its own truck accident deadline, and it generally covers the personal injury claims that come out of the crash.

Important

  • The table below shows general personal injury filing periods — not truck-accident-specific law, and not a substitute for advice from a licensed attorney in your state.
  • Laws change. Legislatures amend these periods from time to time (Florida shortened its deadline in 2023, for example).
  • Wrongful death deadlines are often shorter and calculated differently — typically from the date of death, not the accident.
  • Claims against a government entity (e.g., a public road authority) usually require a formal notice of claim within months, far shorter than the general deadline.
  • Minors and certain other circumstances can pause ("toll") the deadline in some states.
StateGeneral injury filing deadline
Alabama2 years
Alaska2 years
Arizona2 years
Arkansas3 years
California2 years
Colorado2–3 years
Connecticut2 years
Delaware2 years
Florida2 years
Georgia2 years
Hawaii2 years
Idaho2 years
Illinois2 years
Indiana2 years
Iowa2 years
Kansas2 years
Kentucky1 year
Louisiana1 year
Maine6 years
Maryland3 years
Massachusetts3 years
Michigan3 years
Minnesota2–6 years
Mississippi3 years
Missouri5 years
Montana3 years
Nebraska4 years
Nevada2 years
New Hampshire3 years
New Jersey2 years
New Mexico3 years
New York3 years
North Carolina3 years
North Dakota6 years
Ohio2 years
Oklahoma2 years
Oregon2 years
Pennsylvania2 years
Rhode Island3 years
South Carolina3 years
South Dakota3 years
Tennessee1 year
Texas2 years
Utah4 years
Vermont3 years
Virginia2 years
Washington3 years
West Virginia2 years
Wisconsin3 years
Wyoming4 years
Washington, D.C.3 years

Why you shouldn't wait until the deadline

Wall calendar with pages lifting in a breeze beside a window

The filing deadline is the outer edge, not a target to aim for. The evidence that wins or loses a truck case goes away much sooner:

  • Electronic logging device (ELD) records are only required to be retained for 6 months
  • Black box (EDR) data can be overwritten during normal truck operation within weeks
  • Dash cam and surveillance footage is frequently deleted on short retention cycles
  • Witnesses forget details, and they get harder to track down as time goes on

Here's how that evidence works under FMCSA rules, and what to do right after a truck accident to protect it.

Get a free case review before time runs out

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Not sure how much time you've got left? Don't guess. A free case review can connect you with a big rig truck accident lawyer who can confirm your state's actual deadline and any exceptions that might apply to you.