Every truck accident claim runs on two rulebooks. Federal FMCSA rules cover the carrier (hours of service, maintenance, insurance minimums) and they're the same in every state. State law covers your injury claim, and that part swings hard: filing deadlines run from one year to five, and fault rules run from pure comparative to rules that bar recovery entirely.
Say you run a load from Memphis to Dallas and get sideswiped in Arkansas, or your family gets rear-ended by a semi on vacation two states from home. The state line you happened to be past decides how long you have and what happens when the insurer tries to put part of the blame on you. In some states it also decides whether your damages are capped.
Deadlines and fault rules, shortest window first
| State | Filing deadline | Fault rule |
|---|---|---|
| Tennessee | 1 year | Modified comparative negligence (50% bar) |
| Texas | 2 years | Modified comparative negligence (51% bar) |
| California | 2 years | Pure comparative negligence |
| Florida | 2 years | Modified comparative negligence (51% bar) |
| Georgia | 2 years | Modified comparative negligence (50% bar) |
| Ohio | 2 years | Modified comparative negligence (51% bar) |
| Indiana | 2 years | Modified comparative negligence (51% bar) |
| Illinois | 2 years | Modified comparative negligence (51% bar) |
| Pennsylvania | 2 years | Modified comparative negligence (51% bar) |
| Alabama | 2 years | Pure contributory negligence |
| Iowa | 2 years | Modified comparative negligence (51% bar) |
| Arizona | 2 years | Pure comparative negligence |
| North Carolina | 3 years | Pure contributory negligence |
| Missouri | 5 years | Pure comparative negligence |
These are the general personal injury periods. Wrongful death deadlines are often counted differently, and a claim against a government entity (a city dump truck, a state DOT crew) almost always needs notice far sooner. For all 50 states, see our statute of limitations page.
Three fault rules, and what each does to your claim
- Pure comparative negligence. Your award shrinks by your share of fault, but no percentage bars recovery. A claimant 90% at fault still recovers 10%.
- Modified comparative negligence. Same reduction, but recovery stops at a line: either 50% (barred when equally at fault) or 51% (barred only when more at fault than the defendant). Most states use one of these.
- Pure contributory negligence. Being found even 1% responsible bars recovery entirely. Only Alabama, Maryland, North Carolina, Virginia, and the District of Columbia still use it.
That's why the adjuster calls so soon and sounds so friendly. Every point of fault they can pin on you lowers what the carrier pays, and in a contributory negligence state one careless "I didn't see him" can end the claim. See what to do before you talk to an adjuster.
Pick your state
Don't see your state? The referral network covers all 50. A free case review sends your request to an attorney licensed where your crash happened. See also what "truck accident lawyer near me" actually means.