Utah’s Statute of Limitations for Truck Accident Cases
If you’ve been involved in a tractor trailer or commercial truck accident in Utah, you may feel overwhelmed by the steps needed to make a claim for your injuries, medical bills and other “incidental” damages. One thing you definitely need to keep an eye on is Utah’s statute of limitations for bringing a claim. The statute of limitations defines how much time you have to file your lawsuit. Missing this deadline will usually be fatal to your truck accident case and keep you from being able to get justice for the wrong that occurred and getting fully and fairly compensated for your harms and losses. This blog will explore the details of why staying within Utah’s statute of limitations is so important to the success of your case.
What Is the Statute of Limitations?
The statute of limitations is a law that sets how much time you have to make a legal claim under the law. There are statutes of limitations for all sorts of legal claims, such as making a breach of contract claim, sexual assault, products liability (2 years), wrongful death claim (2 years) and more. Utah’s statute for bringing general negligence claims against a Utah resident or company are relatively long at 4 years. Most other states cap it at 2 years. These statute of limitations laws exist to make sure claims are made within a certain time period and the claims don’t grow too stale.
Practically speaking, the limitations period encourages more prompt resolution of your legal case before the trail goes cold, witnesses disappear and evidence is lost. Many cases get worse with time because of gradually-disappearing evidence. Plus, in my experience, my clients would rather resolve their case sooner rather than later.
Why Is the Statute of Limitations So Important?
Not filing your case by the statute of limitations deadline will usually prevent you from being able to get money for your commercial case. In other words, if you try filing after the deadline, the court will likely dismiss your case under Rule 12(b)(6) of the Utah Rules of Civil Procedure. It’s a harsh penalty, so you’ll want to make sure the deadline is calendared so you don’t miss it!
And even if you never planned on filing your claim in court, don’t plan on being able to negotiate with the insurance company after the statute of limitations expires. Insurance companies will tell you they no longer have any legal obligation to pay on a case that may have been in the process of negotiation when it expired.
Calculating the Statute of Limitations in Truck Accident Cases
- Identify the correct date of the accident. Make sure you get this right, as being off on this could destroy your claim. Get a copy of the police report and verify the date. The statute of limitations starts running from the date of the crash and expires four years later.
- Are there any unique circumstances in your case? You may have more time if:
- The injured person is under the age of 18 or has been declared legally incapacitated.
- There has been fraud or concealment of the responsible party, such as Amazon’s practices involving local couriers.
- Keep a record of all relevant dates. Track important dates such as the crash, treatment, and medical visits.
Why You Should Act Quickly After a Truck Accident
Don’t assume you can wait just because Utah has a 4-year statute. Your case weakens over time. Here’s why:
- Preserving evidence. Physical evidence like skid marks, debris, and black box data may be lost. Witnesses may forget or vanish.
- Medical documentation. Timely treatment helps prove you were injured and avoids gaps in care that insurers may exploit.
- Identify available insurance. It’s critical to identify the insurance source early. Trucking companies may disappear or go bankrupt, so file claims with their insurers promptly.
Important Exceptions to the Four-Year Statute of Limitations
- Government claims. If the vehicle is government-owned (e.g., police, UTA, University of Utah), you only have 1 year to file and must follow strict procedures.
- Wrongful death claims. The time limit drops to 2 years, starting from the date of death, not the accident.
Steps to Take to Protect Your Right to File a Claim
- Get medical attention right away. Immediate treatment creates a medical record and proves the crash caused your injuries.
- Consult a truck accident lawyer early. A lawyer can quickly preserve critical evidence like black box data, logs, and maintenance records. This strengthens your case and lowers your stress.
- Document everything. Save all bills, reports, treatment records, and insurance communications. It will help your attorney build a strong case.
Final Thoughts: Don’t Let Your Case Slip Through Your Fingers
The statute of limitations can either protect your rights or block them entirely. Utah’s 4-year limit is generous, but delay weakens your case. Collect evidence, seek treatment, and speak with a lawyer as soon as possible. Fast action is often the difference between winning compensation or getting nothing.
