How Long to File After a Truck Crash in Indianapolis?

If you were in a truck accident in Indianapolis, you only have a limited amount of time to file lawsuits against the parties responsible for your injuries. In general, Indiana law provides a two-year period to file truck accident lawsuits.

Injured people who fail to file suit before the two-year statute of limitations expires will most likely lose their right to seek the compensation they need for their medical bills, lost wages, pain, suffering, and other losses.

Do not let that happen to you. Instead, contact Craig, Kelley & Faultless LLC now for a free consultation with an experienced and compassionate lawyer who can explain the truck accident statute of limitations as it applies to your case.

What Is the Deadline for Filing a Lawsuit for an Indianapolis Truck Crash?

In general, the legal deadline to file a lawsuit in Indiana after a semi-truck accident in which you were injured is two years from the accident date. However, the length of time you have to sue after a truck crash can differ, depending on the circumstances of your situation. For that reason, it is always best to consult a skilled truck accident lawyer to determine the exact time limit for filing a truck injury lawsuit under Indiana’s personal injury statute of limitations.

Why It Is Critical to Get Prompt Legal Help

Two years may seem like plenty of time to file an Indianapolis truck accident lawsuit. However, waiting until the deadline is near to take legal action could significantly harm your case. Key reasons to seek prompt legal help include giving your lawyer time to preserve evidence, gather eyewitness testimony, build a strong case, and negotiate with insurance companies.

Preserving Key Evidence

Truck accidents often involve large amounts of evidence that take time to collect and analyze. The evidence is not permanent and may disappear if not collected promptly after the accident. Examples of critical, time-sensitive evidence in truck accident cases include:

Accident scene photographs
Traffic, surveillance, or dashboard camera videos
Eyewitness statements
Data from the truck’s electronic data recorder (black box) that records the truck’s speed, braking, and other information
Driver logbook entries
GPS and electronic logging device (ELD) data
Expert testimony from crash reconstruction specialists and medical professionals
Medical records

Gathering Witness Statements

Eyewitness testimony often plays a critical role in truck accident cases, as it can corroborate your version of events regarding the collision. However, witnesses may forget details or become harder to track down as time passes, so it is vital for your attorney to gather their statements before too much time passes.

Building a Strong Case

Truck accident cases are frequently more complex than most other motor vehicle accident cases for several reasons. They tend to involve multiple victims and multiple liable parties, involve more severe injuries that need more extensive medical treatment, and require knowledge of state and federal trucking regulations.

Due to the added complexity, building a strong case requires time. The sooner you get an attorney involved, the better your chances of success could be. Attorneys must gather evidence, consult with experts, review medical records, and put everything together into a compelling narrative for use during settlement negotiations or trial.

Negotiating with Insurance Companies

Insurance adjusters in truck accident cases may reach out to you quickly in the hopes that you will settle your case before you know the full extent of your injuries and their long-term impact on your life. By having a lawyer in your corner from the start, you are better protected from such tactics. Your lawyer can deal with the insurance company while you focus on recovering. Let an attorney negotiate with the insurance company on your behalf and only accept a settlement you approve that covers all your losses.

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What Happens If You Miss the Filing Deadline?

If you miss the Indiana truck accident lawsuit deadline, you will generally lose your right to pursue compensation through legal action. The court will dismiss your case, and the trucking company and insurance company will have no further incentive to negotiate a settlement or pay compensation for your injuries.

Even if you have a strong case with significant evidence, failing to file your lawsuit on time could leave you without legal recourse.

Missing the lawsuit deadline could also affect your ability to pursue compensation from your own insurance company through an uninsured or underinsured motorist claim. There are often strict reporting deadlines for filing these claims, which may have also passed.

Exceptions to the Statute of Limitations in Truck Accident Cases

Understanding when to file a truck accident lawsuit can be challenging without the guidance of a skilled truck accident attorney due to narrow exceptions to the statute of limitations. Some examples of potential exceptions that could affect your case are:

Discovery rule – If you did not discover that you were injured or that your injury was caused by the truck accident, the time limit for filing your lawsuit may not begin until you reasonably should have known the cause of the harm.
Nonresident defendant – If the at-fault party leaves the state, the time limit for filing your lawsuit could be paused until they return.
Concealment – If an at-fault party fraudulently conceals their involvement in your injury, the time limit may not begin until their involvement becomes known.
Legal disabilities – If you are incapacitated or a minor, the time limit for filing your lawsuit does not begin until you have recovered from your incapacity or turned 18.
Government defendant – If the defendant is a government entity or employee, you may have to file a notice of claim with the state agency involved within 270 days of the accident to preserve your right to sue.

How Our Attorneys Can Help You Meet the Legal Deadline for a Personal Injury Lawsuit in Indianapolis

At Craig, Kelley & Faultless LLC, our truck accident attorneys want to help you meet the legal deadline for filing your personal injury claim by:

Investigating the accident to identify the liable parties
Gathering supporting evidence
Calculating the value of your losses
Filing your lawsuit or insurance claim within the deadline

Contact our firm today to schedule a free consultation about your personal injury case. We have more than 30 years of experience helping injury victims in Indianapolis, and we are ready to put that experience to work for you.