Getting your life back on track after a semi-truck accident takes a considerable amount of time. You need to rest, recover, and address any injuries you took away from your collision. Even so, the clock is ticking for victims of Indiana semi-truck crashes. The state has a statute of limitations in place that limits your ability to take legal action.
If you do want to file a semi-truck accident lawsuit against the party responsible for your accident, how long do you have to investigate your case? Most personal injury cases need to reach a judge within two years of the original accident. Fortunately, recovering truck accident survivors like you can work with Indiana truck crash attorneys to make the most of your time.
Indiana’s Personal Injury Statute of Limitations Applies to Semi-Truck Accident Cases
Indiana dictates the deadline by which your semi-truck accident lawsuit, among other personal injury lawsuits, needs to appear in court in Indiana Code section 34-11-2-4. This statute of limitations gives you no more than two years to bring concerns regarding negligence in a semi-truck accident forward.
You must file your complaint within this two-year period if you want to qualify for damages based on your semi-truck collision losses. Failure to file your personal injury claim by the second anniversary of your accident can see Indiana courts dismiss any future complaints that come forward addressing the same accident.
Indiana relies on this statute of limitations to keep the cases that come before its civil judges temporally relevant. Evidence can allegedly decay in value over time, and bystanders’ memories can fade. In other words, the Hoosier State believes that the sooner you bring your claim forward after an accident, the more accurate your relevant evidence may be.
Can You Request an Extension on Your Statute of Limitations
While you can’t request an extension on your semi-truck accident statute of limitations, there are circumstances in which survivors like you may have more time to investigate their losses.
According to Indiana Code §9-26-1-1.2, victims of accidents in which a semi-truck driver fails to stop or otherwise obscures their identity have longer to file than victims who communicate with an at-fault driver.
Similarly, victims who don’t realize the full extent of their injuries until well after their accident or who suffer a disability that prevents them from filing have longer to investigate their cases.
Injured Minors Have More Time to File
Anyone under the age of 18 at the time of a semi-truck accident has significantly longer than two years to pursue a personal injury claim against an offending driver. Indiana allows injured minors until the age of twenty to finalize their investigations.
Minors who want to file a personal injury claim against an offending truck driver can do so with a parent or guardian’s assistance before they turn 18. Survivors who choose to pursue compensation after turning 18 can work directly with an Indiana semi-truck accident lawyer to discuss their best path toward accident compensation.
How Can You File a Complaint in Two Years?
If you don’t qualify for any of the aforementioned exceptions, how can you most effectively use the two years in which you’re allowed to investigate your case? It may be in your best interest to break your investigation down into steps. You can:
- Return to the scene of the accident to find evidence of roadway negligence
- Speak with an insurance provider about the distribution of fault
- Connect with bystanders to better understand others’ perspectives on your case
- Request video or photo footage of your accident from nearby storeowners, Ring camera owners, and related parties
- Collect social media posts addressing your accident
All the while, stay in contact with the person or party you believe to be liable for your losses. Do not admit fault for your accident, and do not behave antagonistically toward that party. Instead, acknowledge any settlement offers an at-fault party makes you, but continue your investigation so you can better understand the full breadth of damages you may deserve.
Can an Attorney Help You Draft an Investigation Timeline?
While you can investigate a semi-truck accident on your own time, doing so while you’re contending with post-accident injuries, work demands, and other losses can prove difficult. The longer you try to prove fault on your own, the longer a liable party has to compose a defense against your request for compensation.
That’s why Vaughan & Vaughan’s truck accident lawyers in Indiana offer our services to Indiana’s in-need families. Our attorneys let you prioritize your health and recovery without sacrificing your right to a civil lawsuit. We can investigate your losses, communicate with a provider, and manage a liable party while you focus on restoring your previous quality of life.
In other words, when you put an experienced lawyer in charge of your semi-truck accident case, you give yourself the space you need to breathe without compromising your filing deadline.
When Should You Call a Semi-Truck Accident Lawyer?
Semi-truck accident attorneys can join your case at any point in the two years you have to file your claim. You can contact a lawyer after conducting your own investigation, or you can reach out on the same day your accident occurs.
Most truck accident survivors benefit from an attorney’s services sooner in their cases rather than later. If you can get in touch with an attorney while you’re still talking with police officers and insurance adjusters, our team can prevent you from accidentally overturning your right to compensation.
We can similarly gather more evidence of truck driver negligence the sooner we get to the scene. The longer you wait to call an attorney, the more difficult it may be to secure the black box data needed to prove that a truck driver behaved recklessly at the wheel.
If you’ve been thinking about your right to post-truck accident compensation, but aren’t sure what your filing timeline looks like, give our team a call. We can assess the status of your case. Once we know what deadline we’re working with, we can provide you with the services you need to take full advantage of the rights afforded to you by Indiana’s civil courts.s
Schedule a Free Semi-Truck Accident Case Consultation With Vaughan & Vaughan
Indiana’s statute of limitations aims to ensure that the evidence you bring forward related to a semi-truck accident fault is as accurate and untouched by time as it can be. Unfortunately, that two-year personal injury statute of limitations can feel like it’s rushing toward you, especially when you’re contending with post-accident injuries or other limitations.
Vaughan & Vaughan understand how working on such a tight deadline only adds to your stress. That’s why our semi-truck accident lawyers in Indiana offer in-need clients like you their services. You can meet with our team, request our representation, and then focus on your recovery while we champion your case.
Contact us through our online form or by calling our Indiana offices to schedule your initial case consultation.
