Statute of Limitations for Truck Accident Claims in Arizona

Too often, truck accidents result in catastrophic injuries that lead to serious, long-term challenges for accident victims. You may be entitled to recover compensation for these damages, provided another party was responsible for the accident. One of the most important things to know when taking legal action is the Arizona truck accident statute of limitations.

You have a limited amount of time to make a claim for a truck accident in Arizona. Understanding this time limit is crucial so you do not lose the right to pursue compensation.

At Burg Simpson, we are here to help. Beyond our deep understanding of truck accident claims and the laws and regulations that govern them, we also have a proven track record of success representing accident victims.

If you have been injured in a truck accident, call us today at 602-777-7000 to schedule your FREE and confidential case evaluation. We serve clients in Phoenix and throughout Arizona.

Arizona Truck Accident Statute of Limitations: What Is It & Why Does It Matter?

Statutes of limitations exist for a few reasons, including to ensure:

• Evidence remains fresh
• Witnesses’ memories do not fade
• Defendants are not unfairly exposed to lawsuits

While these reasons are understandable, they can also put pressure on accident victims to pursue compensation in a timely fashion, even if they are in the midst of recovering from their injuries. This can be particularly challenging in truck accident cases, which involve unique complexities.

Unlike most other personal injury claims, it is not uncommon for multiple parties to share liability. Furthermore, the damages are often quite high.

Read More: Who Is At Fault for a Truck Accident in Phoenix?

As such, the best recommendation we can give to accident victims about the statute of limitations is to get the claims process started as soon as possible. Even if you believe you have plenty of time, the risk of waiting is simply too great.

How Long After a Truck Accident Can I Sue in Arizona?

According to Arizona Revised Statutes § 12-542, accident victims have two years from the date of the accident to pursue legal action. This two-year window also applies to cases of wrongful death arising from truck accidents.

In cases involving government entities, such as when an obstruction or poor road conditions led to the accident, you may have even less time, meaning urgency is key.

When Does the Clock Start?

Generally, the Arizona truck accident statute of limitations starts from the date of the crash. However, there are several exceptions:

• If your injuries were not immediately apparent, in which case Arizona courts may apply the “discovery rule.” This would mean the clock does not start until you knew about (or should have known about) your injuries.
• If the accident victim survived his or her injuries for some time after the accident but then passed away as a direct result of the injuries, the clock may not start until the date of death.

It is critical not to rely on an exception or to assume you will be granted more time. In most cases, the clock has already started; beginning to pursue compensation with an experienced truck accident attorney as soon as you can is critical.

Are There Any Exceptions That Extend the Deadline?

There are some exceptions that occasionally apply to the two-year deadline, including:

• Minors and incapacitated persons: If the injured individual is a minor (under the age of 18) or lacks independent legal capacity, then the state may toll the time limit until the minor turns 18 or the incapacity ends.
• Fraudulent concealment: If the defendant attempts to suppress your injury or claim, you may be granted an exception to extend the statute of limitations. However, you will need to prove the suppression before an exception is granted.
• Defendant absence from state: If the defendant leaves Arizona for a period of time after the accident, the statute of limitations may be tolled until they return.

We recommend speaking with an attorney about these possible exceptions to see if they may apply to your case. It is always best to avoid making any assumptions about the statute of limitations due to how critical it is to your claim.

What Happens If I Miss the Deadline?

In most situations, a missed deadline means you no longer have a claim. These rules are very strictly enforced in Arizona courts and should be taken seriously.

It is also important to recognize that if the deadline passes in the midst of filing a claim or negotiating with an insurance company, it will almost certainly result in the dismissal of your case.

Do Insurance Claims or Settlement Talks Pause the Deadline?

Before you file a lawsuit, the first course of action is generally to file a claim with the negligent party’s insurance company and attempt to reach a settlement. This keeps the matter out of the courts, which generally saves time and money for everyone.

However, filing a claim with the insurer and conducting settlement talks do not affect your deadline, meaning you must still adhere to the two-year statute of limitations. An experienced Arizona truck accident attorney can provide guidance on when it may be necessary to file a lawsuit.

What Damages Can I Pursue for Truck Accident Injuries?

Damages are broadly broken into two primary categories: economic and non-economic.

• Economic damages cover past and future medical expenses, lost income, loss of earning capacity, out-of-pocket expenses, property damage, and more.
• Non-economic damages cover pain and suffering, loss of enjoyment of life, emotional distress, and other non-financial losses.

In rare situations, particularly those where the defendant acted in a way that was grossly negligent or malicious, the courts may also award punitive damages as a means of punishing the liable party and as a warning against such behavior in the future.

Read More: Are There Caps on Truck Accident Damages in Arizona?

How Can the Trusted Attorneys at Burg Simpson Help?

At Burg Simpson, we have a proven process for helping truck accident victims recover compensation. This includes:

• Performing a thorough investigation to gather evidence (including driver logs, black box data, maintenance records, and more) to establish liability.
• Calculating compensation to ensure you pursue the full amount you deserve.
• Handling communications with the insurance company to hold them accountable and make sure your rights are protected and you are treated fairly.
• Pursuing maximum compensation through settlement negotiations or taking your case to trial.

Our in-depth knowledge of the Arizona truck accident statute of limitations is critical for pursuing legal action. We have what it takes to fight for accident victims and ensure no critical deadlines are missed in the process.

Schedule a FREE Case Evaluation with Our Phoenix Truck Accident Lawyers

Truck accident claims are complex. From understanding federal regulations and state laws to establishing negligence, there are many critical pieces to building a successful claim.

That is where the Phoenix truck accident lawyers at Burg Simpson come in. By combining local clout with national strength, we have recovered more than $2 billion in compensation for our clients. We are here to protect your rights now.

Contact us today to get started with a FREE, confidential case evaluation to discuss the details of your situation. Our dedicated attorneys serve accident victims in Phoenix, Scottsdale, Gilbert, Chandler, Tempe, and throughout Arizona.