Time Limits for Filing Truck Accident Claims

Missing a Deadline Could Cost You Your Entire Case

If there’s one thing most people don’t realize after a truck accident, it’s how quickly time starts working against them. You’re hurt, your car’s wrecked, you’re just trying to get through the next few days, and yet the law expects you to act fast. That’s the hardest part. The system moves on its own schedule, not yours.

Every personal injury case in New York has a legal clock attached. Once it runs out, your claim disappears. No matter how strong the evidence is, no matter how badly you’ve been hurt, you lose the right to recover anything. At Horn Wright, LLP, our truck accident lawyers make sure that never happens. We track every filing, every deadline, and every technical rule that could jeopardize your case, because those dates matter as much as the facts themselves.

Understanding New York’s Statute of Limitations for Truck Accidents

In New York, you generally have three years from the date of the crash to file a lawsuit under CPLR §214(5). That applies whether you were hit by a semi-truck on I-90 or injured in a delivery vehicle collision in the Bronx. It’s your window to take legal action — and once that window closes, the law locks it tight.

If the crash took someone’s life, the family usually has two years from the date of death to bring a wrongful death claim under Estates, Powers & Trusts Law §5-4.1.

These deadlines sound generous until you realize how much needs to happen before you even file. Medical treatment. Accident reconstruction. Insurance wrangling. Negotiations that stall. By the time victims come up for air, months have already passed. That’s why one of the first things we do is put the clock on our desk and count backward. We build the case around those dates.

How Exceptions Can Extend or Shorten Filing Periods

There are a few situations where the law gives you more (or less) time, but they’re narrow and easy to misunderstand.

If your case involves a government vehicle, say, a municipal dump truck or a state snowplow, you have just 90 days to file a Notice of Claim under General Municipal Law §50-e. The lawsuit itself must follow within a year and 90 days. Miss that, and you lose the right to sue the city or state.

For minors, the clock doesn’t start until they turn 18. Someone injured at 16, for example, could still file until they’re 21.

Victims who are incapacitated by their injuries can sometimes pause the clock until they’re medically able to handle their affairs.

And if a defendant leaves New York or hides their identity, that can occasionally stop the timer too, though courts scrutinize those claims closely.

The bottom line? Every situation has its own rules. You can’t rely on what happened in someone else’s case. You need a lawyer who understands how those rules work for your case.

Why Acting Quickly Protects Your Right to Compensation

The paperwork deadline isn’t the only reason time matters. Evidence fades fast, and trucking companies know it. Within hours of a serious crash, their lawyers and insurance investigators are already at work. They’ll photograph the scene, inspect the truck, and start building a version of events that protects their bottom line.

Meanwhile, the physical proof that could help you starts to disappear. Tire marks get washed away. The truck’s electronic logging device (ELD) might be overwritten within days. Skid marks fade. Even witnesses move, change phone numbers, or simply forget what they saw.

Acting quickly doesn’t just meet deadlines, it preserves truth. The earlier an attorney steps in, the sooner they can demand the trucking company hold on to driver logs, black box data, and maintenance records. We’ve seen cases turn entirely because someone acted within weeks instead of waiting a few months.

Vermont Enforces Shorter Legal Deadlines Than New York

Every state has its own system, and not all are as forgiving as New York. In Vermont, you have only two years to file most personal injury claims under 12 V.S.A. §512. That shorter window often leaves victims scrambling, especially in complex truck cases involving multiple defendants or out-of-state companies.

New York’s three-year period gives a bit more breathing room, but don’t mistake that for comfort. These cases are intricate, and delay only helps the defense. We’ve handled too many claims where evidence was lost or records were destroyed because someone thought, “I still have time.”

Deadlines aren’t just technicalities. They’re the thin line between having a case and losing everything.

How Lawyers Preserve Evidence Before Time Runs Out

When we’re hired after a truck crash, our first priority isn’t paperwork, it’s preservation. The goal is to lock down evidence before it’s lost, altered, or destroyed.

That process usually looks something like this:

1. We send spoliation letters, legal notices that require the trucking company to preserve all relevant materials.
2. Our team secures copies of black box data, driver logs, and inspection reports.
3. We photograph the crash site, debris patterns, and road conditions before they change.
4. Witnesses are contacted immediately, not months later when memories fade.

It’s a race against the clock, and experience matters. Trucking companies have lawyers on speed dial. You deserve someone who can respond just as fast.

The Importance of Early Consultation With an Attorney

Waiting to “see how things go” is one of the biggest mistakes accident victims make. By the time they realize the insurance company isn’t being honest or the bills are piling up, critical time has slipped away.

Talking to a lawyer early doesn’t mean you have to file a lawsuit immediately. It means you’ll know where you stand, what the deadlines are, what evidence to save, and what mistakes to avoid. Sometimes, we step in quietly behind the scenes, protecting your rights without disrupting your recovery.

At Horn Wright, LLP, we tell clients: call as soon as you’re able, even if it’s just to ask questions. The earlier we can start building, the stronger your case will be.

Horn Wright, LLP, Ensures Your Truck Accident Claim Meets Every Deadline

There’s a rhythm to every case, and the first beat is time. The sooner it starts, the better the chances of success. At Horn Wright, LLP, our personal injury attorneys make sure every claim is filed correctly and on time, no excuses, no oversights.

We take over the details so you can focus on healing. We’ll chase the paperwork, deal with the insurance companies, and make sure your claim never falls through the cracks.

When you’re up against powerful trucking corporations, the law is the only equalizer. Don’t give that up by waiting too long to use it.

Call today for a FREE consultation.