Valdosta, GA Truck Accident Lawyer

Truck accidents are often far more devastating than typical crashes in Valdosta. With many truckers using I-75 daily, the chances of being involved in a truck accident are high.

Fortunately, our lawyers can help you get justice for your damages if a negligent trucker injures you. Our team will file your case as quickly as possible since you only have so much time to file a lawsuit. It is important to act fast so we have time to identify all the potential defendants in your case besides the truck driver, like the trucking company and other drivers. We will also determine if an exception to the deadline in your case applies, giving us more time to gather information and ensuring that you do not lose out on the compensation you deserve.

For a free review of your case with our truck accident attorneys, call Rice, Murtha & Psoras at (470) 287-3070.

How Long You Could Have to File a Truck Accident Lawsuit in Valdosta, GA

It is never too soon to get your lawsuit started if you have been injured in a Valdosta truck accident. Truck accidents tend to be much more complicated than your average car collision, typically involving complex evidence that is challenging to gather from powerful defendants.

Our truck accident lawyers thoroughly understand the complexities of these cases and will immediately prepare your claim after reviewing it. Unfortunately, you only have a limited time to file your lawsuit, so it is crucial to get the evidence you need while it is fresh and before the “statute of limitations” runs. The following will explain how much time is allowed to file a lawsuit and the exceptions that could give you more time:

The Statute of Limitations

Every state has a time limit for filing lawsuits so that courts are not overburdened by old cases with missing or bad evidence. For truck accidents in Valdosta and anywhere else in Georgia, the “statute of limitations” allows victims just two years from the day they were injured to file a lawsuit, according to O.C.G.A. § 9-3-33. You are correct if you feel that this is not much time to file such a complicated claim.

Truck accident lawsuits are difficult for a number of reasons. Much of the evidence you will need will likely be in the truck driver’s or trucking company’s possession. While you have a right to this evidence, the defendants might stall or pretend that they do not have the records you claim. The sooner we file your lawsuit, the sooner we can start using legal rules to force them to turn over the evidence or be in contempt of court.

You will also want to prepare your case well before the statute of limitations approaches because you might need to sue a party you did not identify immediately. Depending on how your truck accident occurred, several defendants could be liable for your injuries. If you do not name a necessary defendant, your case could be dismissed by the court, causing you to have to refile the case. However, the court will not hear the case if it is refiled after the statute of limitations passes. You will not get extra time to file your claim in these situations.

This is one of the strictest rules in personal injury law. A victim who does not file their lawsuit before the deadline will be barred from recovering a single dollar for their damages. Nonetheless, our team can explore whether one of the few exceptions to this rule applies, so do not assume time has run out in your case.

Minors, Disability, and Mental Illness

The most common exception to the statute of limitations is for those who do not have the legal capacity to file a claim within the specified time. In most cases, this means children who are victims of the accident. Under § 9-3-90(b), minor accident victims will have two years from their 18th birthday to file a lawsuit, regardless of how young they were when the accident occurred.

A victim with a “mental illness” or “intellectual disability” can also get more time if they do not have the capacity to exercise their right to sue during the limitations period, according to § 9-3-90(a). However, they will have two years from the day their intellectual disability or mental illness no longer prevents them from understanding their rights.

Defendant Outside the State

An exception that might be highly relevant to a truck accident is when the defendant is not in the state and cannot be legally served. The first step to any lawsuit is serving notice of it on the defendants. Every person has a constitutional right to know who is suing them, what they are being sued for, and when the court requires their presence. If the defendant in your truck accident does not reside in Georgia and will not answer “long-arm” demands to return to a Valdosta court, that time will not be applied to your limitations period, according to § 9-3-94.

Considering that I-75 cuts through Valdosta, which sits right on the edge of the Georgia-Florida line and is a major hub for Atlanta. As such, it is completely possible that the truck driver and trucking company do not reside in this state.

However, that does not mean that Valdosta courts do not have jurisdiction over them. These trucks pass through and stop in Valdosta as a natural part of doing business in the “stream of commerce.” Truckers and trucking companies cannot take advantage of Valdosta’s roads and services without being subject to its legal jurisdiction. If a truck driver and trucking company are avoiding your lawsuit by claiming that they are based in another state, the time will not run until they present themselves in Valdosta for justice.

Criminal Prosecution is Pending

If you were involved in a catastrophic or deadly truck accident, the truck driver or trucking company responsible might be criminally charged, like in a DUI accident. If so, you will have more time to file your claim since the civil lawsuit typically needs to wait for the criminal prosecution to conclude before it can be filed. There are constitutional reasons for this. If a defendant gave evidence in a civil proceeding before a criminal trial, they could incriminate themselves, jeopardizing their right to a fair trial.

Thus, the statute of limitations will be “tolled,” or stopped from the date of the alleged crime until the prosecution has finished or terminated its case, according to § 9-3-99. Once a verdict has been rendered or the state withdraws its case, your case should be prepared and ready to file.

Our Valdosta, GA Truck Accident Lawyers Can Help You File Your Lawsuit Today

Contact Rice, Murtha & Psoras at (470) 287-3070 to get a free assessment of your case with our truck accident lawyers.