If you’ve been hurt in a truck accident in Missouri, it’s crucial to act quickly to protect your rights. The law sets strict time limits – known as statutes of limitations – for filing a claim, and waiting too long can mean you lose your chance to recover any compensation for your injuries, medical bills, and other losses. That’s why it’s so important to understand the rules and act as soon as possible after a truck crash.
Contact a St. Louis truck accident attorney from Drafahl Law Firm online today to schedule a consultation free of charge.
The Standard Deadline is Five Years
In Missouri, the standard deadline for filing a truck accident lawsuit is five years from the date of the crash. This five-year statute of limitations applies to most personal injury claims, including those involving commercial trucks or 18-wheelers.
516.120. What actions within five years. — Within five years:
(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;
(2) An action upon a liability created by a statute other than a penalty or forfeiture;
(3) An action for trespass on real estate;
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;
(5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.
If you don’t file your claim within this window, the court will almost always dismiss your case, no matter how strong your evidence is or how clear the other party’s fault may be.
Exceptions To The Five-Year Deadline
While most Missouri truck accident claims must be filed within five years, there are some exceptions that can extend or pause this deadline. Knowing these can help you avoid missing your opportunity to seek compensation.
Discovery Rule
If you didn’t immediately realize that you were injured or didn’t know your injuries were linked to the truck accident the statute of limitations might start when the injury was discovered or reasonably should have been discovered. This is especially relevant for cases where the liable party tries to hide their involvement.
Under Age 21
For crash victims younger than 21, Missouri law pauses the five-year deadline until they turn 21, giving them a full opportunity to pursue their rights once they reach adulthood. This protects minors who might not be able to take legal action on their own immediately after an accident.
Disability
If you are declared legally disabled – meaning you are mentally incapacitated or otherwise unable to manage your affairs – the five-year clock to file a truck accident lawsuit doesn’t start until the disability is removed.
516.170. May delay filing of action, when. — Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated, such person shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 limited after such disability is removed.
This rule ensures that those who are truly unable to handle legal matters due to their medical or mental condition are not penalized for delays.
Defendant Leaves State
If the truck driver, company, or other at-fault party leaves Missouri after the crash, the time they are absent typically does not count toward the five-year limit. The deadline temporarily “tolls” or pauses until they return to the state.
516.200. If defendant be out of state before or departs after cause of action commences, when action may be commenced. — If at any time when any cause of action herein specified accrues against any person who is a resident of this state, and he is absent therefrom, such action may be commenced within the times herein respectively limited, after the return of such person into the state.
This provision is intended to keep someone from avoiding liability simply by leaving Missouri.
Claims Against Municipalities and Local Government
When a local government agency is involved, special time limits apply. You must file a formal notice within 90 days of the incident.
82.210. Action for damages maintained, how. — No action shall be maintained against any city of this state which now has or may hereafter attain a population of one hundred thousand inhabitants, on account of any injuries growing out of any defect in the condition of any bridge, boulevard, street, sidewalk or thoroughfare in said city, until notice shall first have been given in writing to the mayor of said city, within ninety days of the occurrence for which such damage is claimed, stating the place where, the time when such injury was received, and the character and circumstances of the injury, and that the person so injured will claim damages therefor from such city.
This is a much shorter window than the usual five years, so taking action quickly is critical. Failing to give notice on time almost always leads to losing your right to sue.
If you have any questions about the deadline to file a claim for a truck accident, make sure you reach out to our personal injury lawyers in St. Louis as soon as possible to schedule a free consultation.