SKIP TO CONTENTEven more so than regular car accidents, collisions involving big rigs can be catastrophic and downright deadly. Commercial trucks outweigh the average car by a few tons and can easily flip motor vehicles over with the smallest bumps.
If a semi-truck driver hits your car, you may wonder how long you have to make a claim against them. An Oklahoma personal injury lawyer explains how the deadline works.
How Long Do You Have to Make a Claim?
Some states are generous and give you three years to make a claim against at-fault drivers. In others, you have only a single year to do so.
Oklahoma falls in the middle with its two-year statute of limitations. That means if you intend to sue the driver or their employer, you’ll have to start the process before two years pass. Miss the deadline, and the law bars you from recovery.
Deadlines are typically much shorter for making a claim with the driver’s insurance company. Depending on the insurance company, you could have as little as 30 days, while some give up to 180 days. An Oklahoma personal injury truck accident lawyer will review the trucking company’s insurance policy so you don’t miss the deadline.
Exceptions to the Deadline
There are a few exceptions to Oklahoma’s statute of limitations. One of these exceptions applies if a government employee’s or agency’s negligence caused your accident. In this case, you have one year to make a claim.
If you became “mentally incapacitated” by the accident (for instance, you fell into a coma), the clock doesn’t start ticking until a doctor declares you mentally competent. Once that happens, you must abide by the standard applicable deadline.
What if your minor child was hurt in the crash? If the child is younger than 12, they have many years to make a claim. If the minor wants to make a claim after becoming a legal adult, the law gives them one year after their 18th birthday.
When Will Your Truck Accident Case Settle?
You have medical bills to pay, so of course, you’re eager to close this case and cash your settlement check. Just how long is that going to take?
Unfortunately, it’s impossible to say. Some cases resolve within a couple of months, while others can take a year or more. Factors that can affect the process include:
- The value of your damages
- Questions about liability
- Collecting evidence and interviewing witnesses
- How long it takes for you to reach maximum medical improvement (MMI)
- Whether the insurance company agrees to demands or chooses to play hardball with your attorney
Should You Hire a Truck Accident Lawyer?
The road to recovering compensation can be long, especially when you’re fighting against teams of seasoned lawyers and the trucker’s insurance company. However, you don’t need to face the battle alone. An Oklahoma truck accident lawyer can help you by:
- Gathering all the facts of your case and proving liability
- Interviewing witnesses and accident reconstructionists
- Requesting black box data from the truck that hit you
- Negotiating with the insurance company
- Representing you in court
- Ensuring you don’t miss the two-year deadline for filing a claim
Ready To Make a Claim? Call Bryan Garrett PLLC
If some time has passed since your truck accident and you’d like to file a claim, don’t delay. Once you’ve missed that two-year deadline, you can’t recover compensation for personal injury cases. That means you’ll be on the hook for doctor’s bills, car repairs, and any other damages. For a free consultation with an Oklahoma truck accident attorney, contact us today at (405) 358-2342.
