Truck Accidents and Applicable Statutes of Limitations

Commonly known as a statute of limitations, laws barring an individual’s ability to bring a claim for damages after a car accident or truck accident, after the passing of a specific period of time, exist in every state. The time periods vary, and the whole process can become even more confusing when an accident occurs in one state, but suit is filed in a different state.

A recent case handed down by an appellate court in Missouri demonstrates how treacherous such statutes can be. In State of Missouri ex rel. Old Dominion Freight Line v. The Honorable David Dally, a driver that was involved in a truck accident in Kansas, filed suit in Missouri. The suit was filed more than two years following the accident. In Kansas, the statute of limitations governing truck accident claims is generally two years. The plaintiff argued that Missouri’s longer statute of limitations should apply because he first became aware of his injuries when he sought treatment in Missouri. The court ultimately determined that the Kansas statute applied, and that the plaintiff’s claim was time barred.

The clear lesson for any individual involved in a car accident or truck accident is to make sure to find out the time period contained in the statute of limitations that governs the claim. Since this can be confusing, it is wise to seek the advice of an attorney. At the Montee Law Firm, we have been handling car accidents and truck accidents for decades. We know the law and we want to help. If you have been involved in a car accident or truck accident, and have any questions, contact us for a free initial consultation.

To read the entire Dally case, go to : http://www.courts.mo.gov/file.jsp?id=54822