In most cases, the statute of limitations for truck accidents in Colorado is three years. This deadline applies in most cases when a careless or reckless truck driver causes a collision, and the victim pursues a case to hold the driver or the trucking company liable for their injuries. However, exceptions exist to this law, and you could have more or less time depending on the specific details of your case.
The best way to ensure you protect your right to sue and avoid inadvertently missing the filing deadline is to work with an attorney in your area. Your Colorado truck accident lawyer will assess your case and determine the timeline that applies to your case. With an experienced attorney on your side, you can feel confident you will meet all deadlines.
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How Long Do I Have to File a Truck Accident Lawsuit?
Colorado law gives auto accident victims longer to pursue a case than most personal injury victims. Under CO. Rev. Stat. § 13-80-101, truck accident victims have up to three years to file a personal injury lawsuit.
This clock begins running on the crash date, and you must submit the paperwork to start your lawsuit before this statute of limitations runs out. However, exceptions exist that could alter the timeline. Some people have longer, and others have less time to file a truck accident lawsuit.
Extending the Deadline
You might have more time to sue if:
- The court agrees to toll your deadline because of catastrophic injuries, cognitive concerns, or other significant health concerns that prevent quick action.
- The victim is under age 18, which tolls the deadline until three years after their 18th birthday.
- You are active-duty military stationed outside of Colorado.
Shortening the Deadline
There are also situations where a victim might have less time to sue for truck accident injuries:
- A liable party is a government entity, which could leave you only months to act.
- A defective truck part caused your accident, turning your case into a product liability case with a two-year deadline.
The laws determining the statute of limitations in a Colorado truck accident case are complicated. Thus, the best way to understand the deadlines that apply to your lawsuit is to work closely with an experienced truck collision lawyer who can assess your options and help you abide by the timeline.
Reasons to Act Quickly After a Colorado Truck Accident
While Colorado law gives victims three years to file motor vehicle accident lawsuits, there are several reasons why they should begin building their cases early with the assistance of an attorney.
Assess Your Legal Options
Your attorney cannot calculate the value for your case or file insurance claims before your injuries heal or you reach maximum medical improvement. However, they can assess your options and begin developing a case against the trucker, the trucking company, or another liable party.
When your injuries stabilize, you can make a phone call and contact an attorney. They can meet with you at the hospital or rehabilitation facility to learn more about your case and discuss how they will help you fight for justice.
Protect Your Rights
When you hire a truck accident lawyer, they will manage all communication related to your case, including taking calls from the insurance carriers or trucking companies. Your lawyer will protect you from any tactics these parties might use to reduce the value of your case or deny your claim.
Gather Time-Sensitive Evidence
Some evidence disappears over time. In addition, the trucking company holds a lot of evidence in these cases that could get “lost” or “misplaced.” However, an attorney can act to preserve it, ensuring you can access it to support your insurance claim or lawsuit later. For example, they’ll acquire surveillance video or detailed eyewitness accounts of the crash.
Determine the Statute of Limitations for Your Truck Accident Claim
Unfortunately, some victims might only have a few months to navigate the process and seek compensation for their truck accident. Thus, you must have a solid understanding of the deadlines that apply to your case early. Even if you do not sue the liable party and settle your case out of court, protecting your right to sue is crucial.
What Recoverable Damages Are Available in a Truck Accident Case?
When you suffer injuries in a Colorado truck accident, your attorney will catalog your expenses and losses and seek fair compensation based on your related damages. This process—including using compelling evidence to establish negligence, fault, and liability—allows the law firm to secure the money you deserve.
Some of the commonly recoverable damages in a truck accident injury case include:
- Current and future medical treatment, care, and support
- Related expenses with receipts
- Lost wages and other income
- Diminished earning ability for lasting disabilities
- Property damage (e.g., repairing a wrecked car)
- Pain and suffering and other noneconomic damages
When the victim of a truck accident dies from their injuries, their loved ones could file a wrongful death lawsuit, allowing them to recover money and hold the trucking company responsible. The deadline to sue in a wrongful death case is set by CO. Rev. Stat. Ann. § 13-80-102. It is generally two years from when the victim died from their injuries.
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At Matlin Injury Law, our auto accident lawyers understand the laws that apply to Colorado truck accident injuries. We can help you know your case’s strength, the statute of limitations for your claim, and other critical details you want to know. Let us answer your questions and assess your case for free today. Contact us to learn how we will help you pursue the money you deserve.
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