Statute of Limitations for Truck Accident Lawsuits in Missouri
Accidents involving commercial trucks are some of the most destructive collisions that occur on Missouri’s roads. They are also among the most complex when it comes time to pursue a related personal injury claim.
If you were recently involved in an accident caused by a truck driver’s carelessness or a trucking company’s negligence, you could be facing a long and difficult path to recovery. As a result, pursuing a claim against the driver or their employer may take a back seat to your medical treatment.
Unfortunately, waiting too long to initiate an investigation and file a claim can leave you facing issues with the Missouri truck accident statute of limitations, which gives you a finite amount of time to seek financial recovery.
Rather than waiting any longer, reach out to an experienced truck accident lawyer from Craig, Kelley & Faultless LLC right away to discuss your legal rights and options in a free consultation.
What Is the Statute of Limitations for a Truck Accident Lawsuit in Missouri?
A statute of limitations is a law that establishes a deadline to file a claim in court. The truck accident injury claim filing deadline in Missouri is five years from the injury date, and applies to claims seeking compensation for injuries and other losses caused by a negligent truck driver, trucking company, or another liable party.
Missouri’s five-year filing period derives from the state’s general statute governing injuries to a person or the rights of another. While there may be exceptions to the deadline in some cases, the safest course of action is to seek clarification on the deadline as soon as possible after any injury or accident.
What Happens If You Miss the Filing Deadline for a Truck Accident Case?
Failing to file before the personal injury lawsuit deadline can severely limit your ability to recover compensation after a Missouri truck accident. If the deadline expires before you file a lawsuit, the court will likely dismiss your case. That means you will likely lose the chance to pursue compensation for your medical bills, lost income, pain and suffering, and other accident-related losses through a lawsuit.
Even if your injuries are severe and the trucking company appears to be clearly at fault, an expired deadline can still block your claim. That is why it is so important to act within the five-year statute of limitations to preserve your right to seek recovery.
Are There Exceptions to Missouri’s Statute of Limitations for Truck Accidents?
Claims arising from some types of truck accident circumstances are subject to different deadlines, such as:
- Injured minors or people who are mentally incapacitated – Missouri law allows extra time to file if an injured person was under 21 or mentally incapacitated when the accident happened. In those situations, the limitations period may begin to run after they turn 21 or are no longer mentally incapacitated.
- Wrongful death claim after a fatal truck accident – When a truck crash leads to death, the case likely falls under Missouri’s wrongful death statute instead of the general personal injury deadline. Missouri law generally requires a wrongful death action to be filed within three years of the date of death.
- Timely filed case that ends in a nonsuit or is reversed on appeal – If you filed on time but your case was dismissed without reaching the merits, or a favorable judgment was later reversed, Missouri’s savings statute may allow you to refile within one year.
- Claims involving a defendant who is absent from the state – Missouri has a tolling statute addressing a defendant’s absence, but courts have limited how broadly that rule applies, especially where long-arm jurisdiction exists. Whether the court will extend your deadline in such a situation largely depends on the unique facts of your case.
How Does the Discovery Rule Affect Missouri Truck Accident Claims?
In many truck accident cases, the harm is apparent right away, so the deadline begins running soon after the collision. However, there are cases in which it doesn’t start running on the date of the crash.
Under the Missouri discovery rule in personal injury cases, a cause of action occurs when the damage is sustained and ascertainable, not simply when the wrongful act occurred. What that means is that if you don’t immediately realize the full scope of your injuries or losses, the clock will not start ticking down until you do or until the injury should have been reasonably discoverable.
Can the Statute of Limitations Be Extended in a Commercial Truck Accident Case?
The Missouri courts do not generally extend the statute of limitations for ordinary delay, ongoing medical treatment, settlement discussions, or a person’s lack of awareness about the legal deadline. There needs to be a recognized legal basis for an extension, such as a statutory tolling rule or another narrow exception outlined under Missouri law. That is why it is so risky to assume you may have extra time. In most cases, the safer course is to act as though the standard deadline applies.
Why Is It Important to Speak to a Missouri Truck Accident Lawyer Quickly?
Speaking with our Missouri truck accident lawyers as soon as possible after a collision can help protect your claim while you still have access to important evidence. Key records in commercial truck accident cases may include driver logs, inspection reports, black box data, maintenance records, and employer documents. Much of this evidence will not be available forever.
Our personal injury attorneys can also evaluate which truck accident lawsuit time limit applies and take steps to avoid preventable delays. Because truck crash cases often involve serious injuries and multiple parties, getting legal guidance quickly can make it easier to protect your right to seek the compensation you deserve.
Get Prompt Help from Our Missouri Truck Accident Lawyers Now
If you suffered injuries in a collision with a commercial truck, you need the support of an experienced and knowledgeable St. Louis truck accident lawyer who can investigate the crash and file a persuasive claim on your behalf within the relevant deadlines.
Craig, Kelley & Faultless LLC has been assisting injured people for over 30 years and has recovered hundreds of millions of dollars through settlements and verdicts. We want to put our experience and resources to work for you now.
Contact our office today to arrange a free consultation with an experienced truck accident attorney at our law firm.