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In New Jersey, you typically have two years from the date of a truck accident to file a personal injury lawsuit. This deadline is known as the statute of limitations, and missing it may permanently bar you from seeking compensation. However, there are exceptions—especially if government entities are involved, or the injured person is a minor. The sooner you speak with an attorney, the more likely it is that critical evidence will be preserved and your legal options protected.
What Is the Statute of Limitations for Truck Accidents in New Jersey?
Under New Jersey law, the general statute of limitations for personal injury claims—including truck accident injuries—is two years from the date of the crash. This means your case must be filed in court by that deadline, or you may lose your right to compensation.
This rule applies to:
- Drivers and passengers injured in the accident
- Pedestrians or bicyclists struck by commercial vehicles
- Family members pursuing wrongful death claims
If a loved one died from injuries caused by the crash, a wrongful death claim must also be filed within two years of the date of death—not necessarily the date of the accident.
Why You Shouldn’t Wait to Take Legal Action
Even though two years may sound like plenty of time, truck accident cases are complex and time-sensitive. Early legal action can make a significant difference in the strength of your claim.
Delays may result in:
- Loss of evidence (e.g., dashcam footage, black box data, driver logs)
- Unavailable witnesses or fading memories
- Destruction of records by trucking companies after routine retention periods
- Insurers controlling the narrative before your side is fully investigated
An attorney can act quickly to issue preservation letters, investigate the crash, and begin building a solid case.
Are There Exceptions to the Two-Year Rule?
Yes—New Jersey law includes certain exceptions that may extend or shorten the filing deadline:
Claims Involving Minors
If the injured person is under 18, the two-year period generally does not begin until their 18th birthday. However, other claims related to the same crash—like parental loss of services—may still be time-limited.
Claims Against Government Entities
If your crash involved a government vehicle (e.g., postal truck, municipal snowplow), you may need to file a Notice of Claim within 90 days of the accident. These cases follow a different process, and failure to meet the deadline can block your claim entirely.
Claims for Property Damage
While this blog focuses on personal injury, it’s worth noting that the statute of limitations for property damage in New Jersey is six years, but injury claims are always more urgent.
What Happens If You Miss the Deadline?
If you file your lawsuit after the statute of limitations has expired, the court will likely dismiss your case, regardless of how strong your evidence may be. The defendant is not required to pay any compensation once the legal window has closed.
You may still be able to file an insurance claim, but most insurers will not negotiate a settlement once they know you can’t sue. That’s why even informal discussions with adjusters should happen with an awareness of the filing deadline.
Legal Help for Truck Accident Claims in New Jersey
Truck accident claims involve more than just paperwork. They require fast action, thorough investigation, and a deep understanding of commercial vehicle regulations. At Nagel Rice, we’ve represented truck accident victims across New Jersey for decades. Our legal team moves quickly to protect your rights, preserve crucial evidence, and build a strong claim—before time runs out. If you’ve been injured in a truck crash, don’t wait. Contact us today for a free consultation. Let us help you protect your future.