How Long Do I Have To File An Atlanta Truck Accident Injury Claim?
Atlanta truck accidents are common on I-75, I-85, and other major arteries in our area. When they cause you to suffer serious personal injuries, you have the right to hold those at fault liable.
However, regardless of how strong your case is, waiting too long to file a claim could jeopardize your ability to get compensation. Our experienced Atlanta truck accident lawyers explain Georgia’s Statute of Limitations, how it impacts your rights in a claim, and ways we can help.
Georgia’s Statute of Limitations for Atlanta Truck Accident Claims
Georgia sets a strict deadline for filing personal injury claims, including those involving truck accidents. Under Section 9-3-33 of the Georgia Code, most truck accident victims have up to two years after a crash to file a claim.
Once that deadline passes, the trucking company’s insurer has no obligation to pay. However, situations that can affect your filing deadline include:
- Wrongful death claims, which also carry a two-year deadline under the Georgia Code, run from the date of the victim’s death rather than the crash itself.
- Claims involving a government entity, such as a crash caused by a poorly maintained road, may require written notice within as little as six months.
- Cases involving a minor, where the statute of limitations may be paused until the injured person turns 18.
- In limited situations where a victim did not immediately discover their injuries, this may affect when the clock begins.
Two years may sound like plenty of time, but it goes faster than most people expect, especially when dealing with potentially severe injuries and the financial fallout of a crash.
Don’t Wait To Get Legal Help After an Atlanta Truck Crash
Waiting to take legal action after an Atlanta truck accident creates problems that go beyond the filing deadline. The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to retain driver logs for only six months and certain inspection records for as little as 12 months, meaning important evidence could disappear.
Contacting an experienced Atlanta truck accident lawyer as soon as possible helps preserve evidence and protect your rights. Actions we can take include:
- Send an immediate legal preservation demand to stop the trucking company from destroying evidence.
- Collect black box data, driver logs, and maintenance records before retention deadlines expire.
- Identify and interview witnesses while their recollections are still clear.
- Determine the full extent of your damages and the total compensation you are entitled to in a claim.
Georgia has strict deadlines for Atlanta truck accident claims, and evidence often disappears quickly. The sooner you get legal help, the greater your chances of getting compensation.
Consult Our Experienced Atlanta Truck Accident Lawyers Today
Truck accidents in Atlanta can cause devastating injuries and financial losses that impact you for years to come. To protect your rights to compensation, contact Shiver Hamilton Campbell right away.
Our Atlanta truck accident lawyers represent clients in Marietta, Jonesboro, Sandy Springs, and throughout DeKalb, Fulton, and Gwinnett Counties. For trusted legal service, request a consultation today.
Sources:
advance.lexis.com/documentpage/
fmcsa.dot.gov/hours-service/elds/how-long-must-motor-carrier-retain-electronic-logging-device-eld-record-duty
