SKIP TO CONTENTIf you were injured in a serious Oklahoma truck accident, you may be keeping the idea of a lawsuit in the back of your mind. A sizable payout from the truck company sounds enticing, but you have more important worries right now, like recovering from severe injuries.
While you do have some leeway to file a lawsuit, Oklahoma has strict deadlines for doing so. Failing to file within the statute of limitations could bar you from securing compensation from the at-fault party.
What Is the Statute of Limitations in Oklahoma?
Oklahoma state law requires crash victims to file lawsuits within two years of the accident date. This law is known as the “statute of limitations,” and courts adhere to it strictly.
You generally cannot finagle your way out of meeting this deadline. While Oklahoma recognizes a few exceptions to the statute, they are relatively rare. You should plan to file your personal injury claim within two years to maintain your right to compensation.
Why Is the Statute of Limitations in Place?
It may seem unfair that you only have two years to file an Oklahoma truck accident claim, but this law is in place to protect both you and the defendant in your lawsuit.
Waiting too long to file a claim will make it increasingly challenging to prove the defendant’s negligence. Evidence disappears over time, and once more than two years have passed, you may have very little proof of the driver’s role in the accident.
On the other hand, a driver should not have to defend themself against a personal injury claim made years after an accident.
Potential Exceptions to This Deadline
If you have already missed the two-year deadline for Oklahoma truck accident claims, it’s worth exploring potential exceptions to the statute of limitations that may apply to your case.
- Incapacitated: If you were mentally incapacitated at any time after the accident because of head injuries or other complications, that period may not count toward the two-year deadline. The clock would not start ticking until you became legally competent.
- Minor: If you were under 18 at the time of the crash, the two-year period would not begin until your 18th birthday.
- Unreachable: If the defendant left the state of Oklahoma for any amount of time during the two years, that period would not count toward the deadline. This exception is rare for cases that involve major companies, as someone from the company should always be reachable.
Why You Should File a Claim As Soon As Possible
Waiting even two years to file a claim against the truck company could harm your case. By filing as soon as possible, you retain access to valuable evidence supporting your claim. For example, the truck likely has black box data that shows exactly what the driver was doing leading up to the accident. However, some electronic data recorders only save data for 30 days.
Prompt action can also streamline your compensation process. The sooner you file an insurance claim or lawsuit, the sooner you will gain access to the settlement if you win the case.
Seek Legal Representation and Keep Your Case Timeline on Track
Whether you’re suing for wrongful death after a fatal crash or seeking compensation to cover your injuries, you should file the claim sooner rather than later. At Bryan Garrett PLLC, our attorneys help victims navigate Oklahoma truck accident claims successfully. We can listen to your story, explain comparative negligence and personal injury laws, and help you avoid missing any deadlines.
Contact us today at (405) 725-2661 to schedule a free initial consultation.
