How Long Do I Have to File a Truck Accident Claim?
Large commercial trucks, such as 18-wheelers, box trucks, dump trucks, and even local garbage trucks, are critical to the nation’s infrastructure and supply chain, including in Utah. However, regardless of the country’s reliance on large commercial vehicles and state and federal safety regulations to minimize the risk to other motorists, truck accidents remain a serious problem in Utah and elsewhere, placing vulnerable drivers and passengers in smaller cars at a serious risk.
Loaded commercial trucks outweigh smaller vehicles by as much as 76,000 pounds. Injuries in accidents are often severe or catastrophic. Truck accident survivors need to know how long they have to file a truck accident claim after a crash in Utah under the state’s statute of limitations. A Salt Lake City truck accident lawyer understands the specific statute of limiations laws set in Utah and will fight for the compensation you deserve following an accident.
Call (385) 404-6398 to set up a free case consultation today.
Understanding the Statute of Limitations for Truck Accident Claims
Utah’s Code Ann. §78B-2-307, regulates truck accident claims as a specific category of personal injury law. Statutes of limitations set limits on the amount of time after an event that a case can go to court. The statute of limitations for personal injury cases, like Utah truck accident claims, is four years from the date of the accident.
The statute of limitations for truck accident claims helps ensure that evidence is still available and eyewitness testimony remains reliable during negotiations for a settlement agreement or in court. It also protects defendants from living under the ongoing threat of lawsuits.
Are There Exceptions to Utah’s Statute of Limitations?
Utah’s four-year statute of limitations is more generous than the majority of U.S. states, which typically limit accident and injury claims to two years after the incident date. Still, many injury victims spend time after a devastating accident dealing with their physical/mental recovery (bruises, lacerations, PTSD, etc…) before considering their financial recovery. Additionally, it often takes a significant amount of time for a truck accident attorney to investigate, document evidence, and negotiate with the insurance company before taking a case to court. Some injury victims experience delays that make the time limit on their claim of urgent importance.
In most cases, the statute of limitations for filing a truck accident claim remains four years; however, the court considers the following exceptions:
- When a truck accident victim in Utah is a minor when the accident occurs, they have up to four years after they turn 18 to file a claim
- If a truck accident victim is unconscious or incapacitated after the accident, the statute of limitations begins on the date they recover cognitive ability
- When a truck accident victim discovers an injury some time after the accident, such as a nagging backache that’s diagnosed as a burst disc fracture from the accident, the time limit begins on the date of the discovery
If you have a question about how the statute of limitations affects your truck accident claim, speak to an experienced personal injury lawyer in Salt Lake City about the details of your case.
What If a Truck Accident Causes Wrongful Death In Utah?
Utah’s statute of limitations for wrongful death is shorter than the time limit for personal injury claims. After a truck accident causes fatal injury to a motorist, the closest surviving family member or the personal representative of the decedent’s estate has up to two years after the date of the death to file a wrongful death claim seeking compensation for their financial and emotional losses.