How Long Do You Have To File A Truck Accident Claim?

After being hurt in a truck wreck, filing a claim against the negligent truck driver or trucking company may not be your first priority. Your focus is likely on getting medical care and putting your life back together as much as possible.

However, it is important that you are aware that you have the right to pursue a claim for compensation for medical bills, lost wages and other costs. There is a time limit for filing these types of personal injury claims.

The Statute Of Limitations Is One Year

Louisiana Civil Code Article 3492 allows one year from the date of the trucking accident to file a claim. Note that this is for filing the claim only. The case does not have to be resolved within a year. Furthermore, Louisiana Civil Code Article 2315.2 allows one year from the date of the victim's death, rather than the date of the accident, to file a wrongful death claim in the event of a fatality.

Does That Mean You Have A Year To File A Claim?

Technically, you could wait up to a year to file a truck crash claim. However, waiting that long could prove detrimental.

Trucking companies and their insurers may begin building their case very soon after the truck wreck. They may even have lawyers and investigators at the scene almost immediately. Every moment you wait is time you are giving the opposition to get a head start.

Perhaps the biggest threat that comes from waiting to file your claim is the risk of lost evidence. Over time, the truck accident scene will be cleaned up and the truck may be repaired. The truck's event data recorder (EDR), also known as the black box that records important information about braking and speed at the time of the accident, may be reset. The truck driver's log book may be destroyed. The memories of witnesses may fade. The foundation on which to build a successful claim may grow thinner and thinner.

Additionally, waiting until the last minute could be harmful in that it means there will be no buffer zone in the event that a document is missing, not complete or lost, or some other issue arises that could jeopardize the claim.

Pursuing A Claim Is Easier Than You May Think

Many people wait to pursue an 18-wheeler accident claim because they think they do not have enough time to handle it. In reality, the process is fairly straightforward and not as time-consuming as you may think, as long as you have an experienced lawyer on your side.

Attorney James Arruebarrena will take immediate action to protect the evidence that will be critical to your claim and ensure that no deadlines are missed in pursuit of the compensation you need. One free consultation is all it takes to get started.