Frequently Asked Questions About The Law: Truck Accidents
- How quickly should I pursue my truck accident case?
- What can I recover in a truck accident case?
- Who can I sue if I am injured in a truck accident?
- What if a truck accident happened in a different state than where I live?
How quickly should I pursue my truck accident case?
States have different statutes, called "statutes of limitation," which limit the amount of time to file a personal injury lawsuit. The statute of limitation generally begins to run from the time the injury occurred or was reasonably discovered. In Missouri, for example, the statute of limitations for a personal injury action is typically five years, and for wrongful death actions, the period is usually two years, both of which are subject to exceptions. To view Missouri's statute of limitations regarding personal injury actions, please see the Missouri Civil Code of Procedure.
In Florida, an injured person typically has four years to file a personal injury lawsuit, and about two years to file a wrongful death claim, subject to certain exceptions. To view Florida's law regarding the applicable statute of limitations, please see Florida Statutes Section 95.11.
In California and in Illinois, according to their respective Codes of Civil Procedure, the statute of limitations period for personal injury and wrongful death actions is usually two years, with certain exceptions.
In addition to the statutes of limitation mentioned above, parties must also be aware of other time constraints, such as certain federal regulations, which delineate the length of time companies must retain particular documents. For instance, under federal regulations, companies need to keep truck logs for only about six months. Experienced truck accident attorneys are aware of these rules, because collecting as much pertinent evidence as possible and as quickly as possible, is critical to the success of any truck accident case.
What can I recover in a truck accident case?
The type of recovery potentially recoverable in a truck accident case varies, depending on the state where the accident occurred and the circumstances of the accident. For example, whether the accident involved an interstate trucking company, or whether the accident resulted in a death, may impact the recovery a person might receive.
In most truck accident cases, parties may recover for their medical bills, rehabilitation costs, lost income or earning capacity, emotional distress and/or pain and suffering, property damage, and possibly punitive damages.
You may refer to the Missouri Revised Statues, Florida Statutes, California Statutes, Illinois Compiled Statutes, and the Federal Motor Carrier Administration Regulations for information on laws and regulations that could affect your recovery. For further information, contact a knowledgeable truck accident attorney to determine the appropriate grounds for recovery and to maximize your recovery.
Who can I sue if I am injured in a truck accident?
If you are injured in a truck accident, depending on the nature of the accident, there may be multiple parties against whom you may bring a claim. Liable parties could potentially include the following:
- Truck driver
- Trucking company
- Truck owner
- Insurance companies
- Other victims
- Truck manufacturer
- Truck maintenance company
- Tire company
You should seek the counsel of an experienced truck accident lawyer. An attorney can ensure that your legal rights against any liable parties are fully protected.
What if a truck accident happened in a different state than where I live?
Depending on the circumstances, you may have several options on the appropriate place to initiate a lawsuit. Depending on the applicable rules, you may be able to file your case in any of the following locations:
- Where you reside;
- Where the trucking company is incorporated;
- Where the trucking company does business; or
- Where the trucking accident occurred.
As discussed previously, different states have varying laws, such as statutes of limitation and the type of recovery one can receive. The success of your case depends not only on the merits of the case but on your attorney's understanding of both federal and state laws applicable to trucking accidents. Langdon & Emison has an established national reputation for successfully representing clients in trucking accident cases. Contact Langdon & Emison today for a free evaluation of your claim.
The information listed above is provided for general informational purposes only, and does not constitute legal advice or the practice of law, nor does it establish an attorney-client relationship with the reader.
