After a serious truck crash, the filing deadline is only one date to watch. Georgia claims may also involve shorter notice periods, disappearing trucking records and separate deadlines for property damage or wrongful death. Knowing which timelines may apply can help you avoid losing important options before the full impact of the crash is clear.
Personal injury and wrongful death deadlines
Georgia law generally gives you two years to file a personal injury lawsuit after a truck accident. If you fail to file within this window, the court will likely dismiss your case, and you will lose your right to seek compensation.
In some cases, the deadline may pause, or toll, if a criminal prosecution related to the crash is pending. The limitations period for certain tort claims may be tolled from the date of the alleged crime until the prosecution becomes final or otherwise ends, for up to six years. This may apply when a traffic citation or other criminal charge arises from the same crash.
If the crash caused a death in your family, the case may involve both wrongful death and estate claims. While both generally carry a two-year deadline, that clock often starts on the date of death rather than the date of the crash.
Property damage and government involvement
While you typically have four years to pursue property damage claims, you may benefit from gathering evidence right away. If the accident involved a government vehicle, you may have as little as six months to provide formal written notice to preserve your right to sue.
Trucking records and evidence preservation
Some companies may keep trucking records for a limited time. The Federal Motor Carrier Safety Administration says motor carriers must retain electronic logging device records of duty status and supporting documents for six months. These records may help show driving time, rest breaks and compliance with federal safety rules.
Early legal review may allow sending a preservation letter before the trucking company deletes records, repairs vehicles or overwrites electronic data. The letter may cover data from the truck’s electronic logging device, event data recorder or electronic control module.
Because legal and evidentiary deadlines do not always align, early case evaluation can help identify the right timeline, preserve key records and protect your claim before important options are lost.