Truck Accident Laws by State
Two state laws shape almost every truck accident claim: the statute of limitations, which sets the deadline to file suit, and the fault rule, which decides whether partial fault reduces or bars compensation. Personal injury deadlines range from one year in Tennessee to five years in Missouri.
What is a statute of limitations?
It is the deadline to file a lawsuit. If you miss it, the claim is usually lost, even if settlement talks were underway. The deadline normally runs from the date of the crash. Different, often shorter, deadlines can apply to claims against government bodies, and wrongful death claims have their own deadlines. Rules can also pause or extend the deadline, for example for minors.
How do fault rules differ between states?
- Pure comparative fault: you can recover even if mostly at fault, reduced by your share (for example Arizona, California, Missouri, New York).
- Modified comparative fault: you recover a reduced amount unless your fault reaches a threshold, usually 50% or 51% (most states).
- Contributory negligence: any fault on your part can bar recovery (North Carolina and Virginia among the states below).
How should you use this table?
It shows the general personal injury deadline and fault rule, with the statute or leading case, as of September 2026. It is a starting point, not legal advice: exceptions, government claim notices and wrongful death deadlines can differ, and laws change. Confirm the deadline for your situation with a lawyer as early as possible.
| State | Deadline | Statute | Fault rule |
|---|---|---|---|
| Arizona | 2 years | A.R.S. 12-542 | Pure comparative (A.R.S. 12-2505) |
| California | 2 years | Cal. Code Civ. Proc. 335.1 | Pure comparative |
| Colorado | 3 years (motor vehicle) | C.R.S. 13-80-101(1)(n) | Modified: barred at 50% or more (C.R.S. 13-21-111) |
| Florida | 2 years | Fla. Stat. 95.11(4)(a) | Modified: barred above 50% (Fla. Stat. 768.81(6)) |
| Georgia | 2 years | O.C.G.A. 9-3-33 | Modified: barred at 50% or more (O.C.G.A. 51-12-33) |
| Illinois | 2 years | 735 ILCS 5/13-202 | Modified: barred above 50% (735 ILCS 5/2-1116) |
| Indiana | 2 years | Ind. Code 34-11-2-4 | Modified: barred above 50% (Ind. Code 34-51-2-6) |
| Michigan | 3 years | MCL 600.5805 | Modified: non-economic damages barred above 50% |
| Missouri | 5 years | Mo. Rev. Stat. 516.120 | Pure comparative |
| New Jersey | 2 years | N.J.S.A. 2A:14-2 | Modified: barred above 50% (N.J.S.A. 2A:15-5.1) |
| New York | 3 years | N.Y. CPLR 214 | Pure comparative (CPLR 1411) |
| North Carolina | 3 years | N.C.G.S. 1-52(16) | Contributory negligence |
| Ohio | 2 years | Ohio Rev. Code 2305.10 | Modified: barred above 50% (Ohio Rev. Code 2315.33) |
| Pennsylvania | 2 years | 42 Pa.C.S. 5524 | Modified: barred above 50% (42 Pa.C.S. 7102) |
| Tennessee | 1 year | Tenn. Code 28-3-104 | Modified: barred at 50% or more |
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code 16.003 | Modified: barred above 50% (Tex. Civ. Prac. & Rem. Code 33.001) |
| Virginia | 2 years | Va. Code 8.01-243(A) | Contributory negligence |
Truck Accident Laws by State: guides
- Tennessee Truck Accident Laws
- Indiana Truck Accident Laws
- North Carolina Truck Accident Laws
- Arizona Truck Accident Laws
- New Jersey Truck Accident Laws
- Missouri Truck Accident Laws
City and State Truck Accident Guides
- Houston Truck Accident Lawyer
- Truck Accident Lawyer Dallas
- Los Angeles Truck Accident Lawyer
- Truck Accident Lawyer Florida
- Truck Accident Attorney Atlanta
- Truck Accident Lawyer Chicago
- Ohio Truck Accident Lawyer
- Truck Accident Lawyer Pennsylvania
- Truck Accident Lawyer New York
- Truck Accident Lawyer Michigan
- Truck Accident Lawyer Colorado
- Truck Accident Lawyer Virginia
Frequently asked questions
How long do I have to file a truck accident lawsuit?
It depends on the state. Personal injury deadlines in the table range from one year in Tennessee to five years in Missouri, and most states allow two or three years.
Which state's law applies to my truck accident?
Usually the law of the state where the crash happened, though choice-of-law rules can be complex when the parties are from different states. A lawyer can confirm which deadline applies.
Can I still claim if I was partly at fault?
In most states, yes, with compensation reduced by your share of fault. A few states, including North Carolina and Virginia, use contributory negligence, where any fault can bar recovery.
Are deadlines different for claims against a city or state?
Yes. Claims against government bodies often require a formal notice within a few months and may have shorter filing deadlines and damage caps.
Do wrongful death claims have the same deadline?
Not always. Wrongful death claims have their own statutes of limitations, which often run from the date of death and can differ from personal injury deadlines.