How long you have to file a claim for a truck accident can vary on a case-by-case basis. Each state has its statute of limitations for filing truck accident claims. In Arizona, the deadline for filing a claim stemming from a non-fatal truck accident case is generally two years from the collision date. Fatal truck accident claims also generally have a two-year statute of limitations.
There may be unique circumstances that lengthen the statute of limitations for your truck accident claim. For instance, if you did not discover accident-related injuries until weeks or months after the collision, this might affect your filing deadline. However, you should always assume that your filing deadline is what the law says, so you should immediately hire a truck accident lawyer.
There May Be More Deadlines to Meet After a Truck Accident
The statute of limitations for truck accident cases tends to get the most attention in terms of “deadlines,” and it warrants plenty of focus. If you miss this deadline, your chance to pursue compensation for accident-related injuries can be gone.
That said, there are other time-sensitive features of your case that you must be aware of, which include the urgency of:
Reporting the Accident
In some minor accidents, those involved will exchange contact and insurance information and handle the matter between themselves and their insurers. We do not generally advise this, in part because you are required to formally report any truck accident in Arizona that results in:
- Property damage greater than $2,000
- One or more injuries
- Someone’s death
An accident must also be reported if someone involved receives a citation. However, if a law enforcement officer has issued a citation, you can be fairly sure the officer reported the collision.
If you did not call law enforcement to the accident scene, this alone is a reason to speak with a truck accident attorney. Your lawyer will ensure proper reporting of the collision. There are plausible explanations for not reporting a collision right away, and your attorney will provide such explanations to the necessary authorities.
Reporting Injuries
While there is no specific deadline for reporting injuries to insurance providers after a truck accident in Arizona, you should be aware that:
- Insurance companies generally expect you to report a crash and resulting injuries within a reasonable amount of time post-collision.
- If you do not report your injuries in a “reasonable” amount of time, there is a chance the insurance company will question whether you suffered those injuries in the collision.
- It’s best practice to report your accident and injuries as soon as possible after a truck accident.
Insurance companies are already well-known for using bad-faith tactics against claimants. Do not give insurance companies any leeway to challenge your claim. Instead, hire a truck accident lawyer to promptly report your injuries and resolve the claims process as efficiently as possible.
Various Other Time-Sensitive Responsibilities Related to Your Truck Accident
Many “deadlines” related to truck accident cases are not formal. Rather, these are time-sensitive responsibilities that may increase your case’s chances of success if you hire a lawyer to take care of them right away. Such responsibilities include:
- Obtaining accident-related evidence: An attorney wants to secure all relevant evidence as soon as possible after a truck accident, even if they think evidence will be available well into the future. If an accident survivor delays securing evidence, that evidence can be lost, erased, or disposed of. Once you hire your lawyer, they will waste no time securing all relevant evidence.
- Securing evidence specifically from liable parties: It is particularly important to hurry in securing evidence from liable parties, including trucking companies. These liable parties may unethically attempt to conceal or dispose of evidence, such as video evidence showing that the truck driver caused the accident. Your lawyer will file a letter of spoliation to preserve evidence, and they will acquire evidence from liable parties as soon as possible.
- Engaging with (and protecting you from) insurance companies: It’s important to establish communication with liable insurers as soon as possible. By doing so, your lawyer can ensure they’ve received your claim and are working diligently to resolve those claims. Your lawyer may also quickly identify bad-faith strategies if they communicate actively with insurance providers.
- Documenting your damages: Your case should include documentation that shows the progression of your recovery from the moment of the accident. If you have not recovered or your health has gotten worse, then documentation should show that. Either way, gathering medical records and other documentation of your damages soon after the collision is important.
You should also consider yourself. Most accident survivors don’t want to stress about the status of their case. The sooner you can hand your case over to an experienced attorney, the sooner you can stop worrying about that case.
What Happens If I Miss the Deadline for a Truck Accident Claim?
There are real, potentially devastating consequences for those who miss the statute of limitations for a truck accident case. There is a realistic possibility that, if this happens, you:
- Don’t get the compensation you deserve: In the context of a truck accident, this outcome may be catastrophic. You might not have compensation for your most essential needs, like medical care. It can cause immense financial hardship and have a direct, severe impact on your health and well-being.
- Liable parties have the leverage: If you are embroiled in the claims process when the deadline for filing a truck accident lawsuit passes, those liable parties may gain the upper hand. Knowing that you are no longer eligible to file a lawsuit, they may lowball you or even rescind their offer. It can lead to accepting a meager financial offer or receiving no compensation.
- Seriously, regret not hiring a truck accident lawyer right after the collision: You can surely see how harmful waiting to file your case may be. Yet, you might be totally occupied by your recovery after the collision. Just hire a truck accident lawyer, and they will ensure all deadlines are met.
There is no reason to wait to speak with a truck accident attorney. Consultations are free. Most personal injury firms use contingency fees, so you won’t have to pay any upfront costs for legal services.
A Lawyer Is Always a Help. Their Service Can Be Even More Valuable for a Truck Accident Victim.
Those who hire a lawyer right after their truck accident can:
- Turn their focus immediately to recovery, which may help them heal sooner (and avoid long-term health symptoms).
- Rest easier knowing that their case is in a professional’s hands.
- Avoid the significant risks that come with missed deadlines and other errors.
These are good enough reasons to hire a truck accident attorney. However, they are far from the only reasons why you should trust a lawyer for your case. Truck accident claims and lawsuits can be uncommonly challenging because:
Trucking Companies Are Already on the Defensive (As Are Their Insurance Providers)
Trucking companies operate in a dangerous industry. It is not a question of whether a truck accident will occur but when the accident will happen. This reality means that:
- Trucking companies typically protect themselves with high-value insurance policies.
- A liable trucking company may have legal counsel on standby, ready to fight any lawsuit against the organization.
- You may have to fight insurance companies and a liable trucking company to secure fair compensation after the collision.
Most truck accident survivors aren’t up for such a fight. Your attorney will be.
Diagnosing the Cause of a Truck Collision May Require Technical Knowledge
One of your lawyer’s roles will be to diagnose why your truck accident happened. They may rely on multiple experts to make their diagnosis.
Commercial trucks are not as streamlined as passenger vehicles. More can go wrong in a truck, and understanding a truck’s design and modes of operation may be necessary to determine an accident’s cause accurately. A lawyer and those they work with will have the knowledge to determine the fault for your crash.
Evidence May Be in Hard-to-Reach Places (and Potentially Guarded by Hostile Parties)
One unique feature of truck accident cases is the tendency for liable parties to have necessary evidence in their possession. This evidence may include:
- Video from in-truck cameras
- Information about the truck’s movements from the vehicle’s onboard computer
- Hiring and training records (which may contain proof of negligence by a trucking company, truck driver, or both)
- Information about the loading and unloading of cargo
- A truck driver’s accident and behavioral histories
Once a trucking company recognizes its liability for your accident, it may withhold this and other evidence. Your attorney will have legal methods for securing the evidence, even against the trucking company’s wishes.
Truck Accidents Can Be Expensive
Any experienced personal injury lawyer will tell you that truck accident cases tend to be costlier than average. It is generally due to trucks’ weight, which is greater than most vehicles and makes truck collisions potentially catastrophic.
Whenever you are seeking a large sum of money, you can expect liable parties to fight you. It is a fight worth waging, but you should let an experienced, hardened truck accident attorney lead.
There Are a Few Possible Ways to Secure Compensation for a Truck Accident
Your lawyer will create a personalized plan for your case. Expect them to brief you on this plan, which may include:
Seeking Compensation from Liable Parties’ Insurers
Insurance requirements in the trucking industry are strict and complex. Most trucking companies and truck operators have insurance, so filing one or more claims is likely in your case.
Filing a Claim with Your Insurance Provider
You may need to file a claim with your insurance provider if:
- At-fault parties are uninsured (unlikely but possible when a truck driver causes an accident)
- At-fault parties’ insurance does not cover your damages, in which case underinsured motorist coverage may apply
If you have to resort to uninsured/underinsured (UM/UIM) coverage, then filing a lawsuit against liable parties can be a more appealing option. Your lawyer will discuss these considerations with you.
Suing One or More Liable Parties
Anyone contributing to a trucking accident may be liable for victims’ damages. Trucking companies may have vicarious liability for their employees, meaning that they are liable when the employee—who is an agent of the employer—causes a collision.
Dynamic lawyers do not get fixated on the first strategy they draw up. If circumstances change, they pivot to the next best option. Your attorney will remain focused on securing the compensation you deserve, and they will adjust their approach if necessary.
Your Attorney Will Demand Compensation Covering All of Your Accident-Related Damages
Every aspect of your case will revolve around your damages—or, more specifically, getting compensation for your damages. It is the goal of any truck accident case and is surely the primary reason you will hire a truck accident attorney.
Some of the damages that often affect truck accident survivors are:
- Healthcare costs
- The cost of repair or replacement of a damaged vehicle and any other property damaged due to the collision
- Pain and suffering
- The cost of mental health services
- Lost earnings
- Diminished earning power
Accident victims are more likely to pass away when a crash involves a truck. Those who lose a loved one from injuries sustained in a truck accident deserve to grieve without the stress of a case weighing on them. An attorney can empathetically represent anyone who has lost a loved one due to a truck crash.
Find Your Truck Accident Lawyer Today, and Remember That a Missed Deadline Can End Your Case
By hiring a lawyer experienced in truck accident cases, you can focus on your recovery while knowing that your legal rights are in capable hands. The risks of a missed deadline should loom large after a collision. Understanding these risks will hopefully motivate you to hire a truck accident lawyer as soon as possible. The alternative—losing out on compensation you deserve—should not be an outcome you’re willing to consider.