Someone who has been in a truck accident in Tennessee may be asking how much time they have to sue after the accident. You might not have time to worry about legal deadlines in the wake of such an accident, which can be rather overwhelming. Still, timing your case submission is absolutely vital. You run the risk of losing compensation by missing these deadlines without a truck accident lawyer guiding you through the process and defending your rights.

What is the deadline to file a truck accident lawsuit? (statute of limitations)

Tennessee’s statute of limitations for suing following a truck accident typically runs one year from the date of the collision. You, the wounded person, have one year from the accident date to sue the trucking company or driver for losses. Ignoring this deadline can result in the cancellation of any entitlement to compensation and the dismissal of your lawsuit.

One should not minimize the statute of limitations. You have little left you can do once the clock runs out. See a truck accident attorney quickly to make sure you don’t miss this important deadline. Your chances of maintaining evidence and bolstering your case will increase the more quickly you respond.

Why deadlines matter in a truck accident claim

It’s easy to put off filing a lawsuit. After all, recovering from an accident takes time, and your focus is likely on healing. But waiting too long can seriously hurt your case. Why? Here’s why deadlines matter in a truck accident claim:

• Loss of evidence: The longer you wait, the more likely it is that crucial evidence will be lost or destroyed. In truck accident cases, this could include driver logs, black box data, or surveillance footage from nearby cameras. If these pieces of evidence are lost, your lawyer may not be able to prove your case.
• Insurance companies: Trucking companies and their insurance providers will often act quickly to protect their interests. They may try to get you to settle for a low offer or even deny your claim entirely. A truck accident lawyer can help you navigate the complex legal landscape and help ensure that your rights are protected from the very start.
• Witness memories fade: Witnesses may forget important details or move away, making it harder to find people who can testify on your behalf. The sooner you file, the sooner your lawyer can track down witnesses and get their statements.

Are there exceptions to the deadline?

In some cases, you may have more time to file a lawsuit. While the one-year rule applies in most situations, there are exceptions that could extend the deadline. Some of the most common exceptions include:

• The victim is a minor. If the person injured in the truck accident is under 18, the statute of limitations is typically “tolled” (paused) until they turn 18. This means that the one-year deadline would start counting down once the victim turns 18, not when the accident occurred.
• The victim was mentally incapacitated. If the victim of the accident is mentally incapacitated, the statute of limitations may be extended. In this case, the clock doesn’t start until the person regains mental capacity or a legal guardian is appointed.
• The trucking company driver was criminally charged: In this case, a cause of action’s statute of limitations is extended to two years.

If you think any of these exceptions might apply to your case, it’s even more critical to consult with a truck accident lawyer as soon as possible. They can help determine whether you qualify for an extended deadline and advise you on the best course of action.

What happens if I miss the deadline?

Unfortunately, if you miss the statute of limitations, it’s unlikely that a court will hear your case. There are very few exceptions to this rule, and they’re not easy to prove. You could find yourself unable to recover damages for your injuries, lost wages, medical bills, and pain and suffering.

This is why it’s so important to act quickly. If you’re still within the one-year window, it’s worth reaching out to a truck accident lawyer who can help you navigate the legal process and ensure you meet all necessary deadlines.

How can a truck accident lawyer help with my case?

Truck accident cases are complex. Unlike typical car accidents, they often involve multiple parties, such as the truck driver, the trucking company, the manufacturer of the truck, and even the company responsible for loading the cargo. Each of these parties may be liable, and a skilled truck accident lawyer will know how to investigate all of these potential sources of liability.

A lawyer can help in several important ways:

• Investigating the accident: A lawyer can gather evidence, interview witnesses, and consult experts to determine the cause of the accident. They can also work to keep critical documents, such as the truck driver’s log and the truck’s maintenance records, preserved.
• Dealing with insurance companies: Insurance companies often try to minimize the amount they pay out. A lawyer can negotiate on your behalf to make sure you get fair compensation.
• Filing the lawsuit: A lawyer will handle all the legal paperwork and make sure your lawsuit is filed on time. This includes ensuring that the proper parties are named in the lawsuit and that all required documents are submitted to the court.

Having a lawyer by your side can help you avoid costly mistakes and improve your chances of a successful outcome.

What should I do after a truck accident?

The steps you take after a truck accident can make a huge difference in your case. Here’s a quick checklist of what to do:

• Get medical attention. Your health should always be your top priority. Even if you don’t think you’re seriously injured, get checked by a doctor.
• Document everything. Take photos of the scene, your injuries, and any damage to your vehicle. Get the names and contact information of witnesses.
• Report the accident. File a police report. This will serve as important evidence later on.
• Contact a truck accident lawyer. Don’t wait. Call a lawyer to discuss your case as soon as possible.

By taking these steps, you can protect your rights and give your lawyer the best chance to build a strong case on your behalf.

Talk to a truck accident lawyer today

If you or a loved one has been involved in a truck accident, it’s crucial to act quickly to protect your rights and ensure that you meet all legal deadlines. Don’t risk losing the opportunity to seek the compensation you deserve. The experienced truck accident lawyers at Delius & McKenzie, PLLC have been helping injury victims in Tennessee for over 25 years.

We understand the complexities of truck accident cases and work tirelessly to get the compensation you need. To schedule a free consultation with our Sevierville lawyers, please call us or contact our office today. We proudly represent accident victims throughout the Sevierville, Seymour, Gatlinburg, and Pigeon Forge regions.