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Truck Accident
In Mississippi, you generally have three years from the date of a truck accident to file a personal injury or wrongful death lawsuit. This time limit applies whether you’re a driver, passenger, or pedestrian injured in the crash.
If the accident results in someone’s death, the clock still runs for three years—but begins on the date of death rather than the accident itself.
Why Missing the Deadline Matters
Mississippi courts strictly enforce the statute of limitations. If you miss the deadline—even by one day—your case may be dismissed, and you could lose the right to recover compensation, no matter how strong your claim may be.
Common Exceptions to the Rule
1. Minors
If the injured person is under 18 at the time of the accident, the three-year period doesn’t begin until they turn 18.
2. Mental Incapacity
If the injured person is mentally incapacitated, the statute may be paused until they regain the ability to make legal decisions.
3. Latent Injuries
If you didn’t know—and couldn’t reasonably have known—about your injuries right away, the time limit may begin when your injuries are discovered.
4. At-Fault Driver Leaves the State
If the at-fault party leaves Mississippi after the accident and before you file your claim, that period may not count toward the three-year limit.
Special Rules for Government Entities
If your claim involves a government agency—for example, poor road maintenance—you must provide written notice within 90 days of the incident. The statute of limitations in these cases is just one year, not three. Failing to meet these deadlines could bar your claim entirely.
Specifics on Truck Accidents
Truck accident claims fall under the general personal injury rule, giving victims up to three years to file. However, truck cases are often more complex due to:
- Multiple liable parties (driver, trucking company, maintenance providers)
- Federal and state regulations
- Commercial insurance policies
Additionally, time-sensitive evidence such as black box data, maintenance records, and driver logs can be lost or destroyed if not preserved quickly—so acting fast is critical.
Steps to Take After a Truck Accident
- Get Medical Attention – Even if you feel fine, injuries can show up later.
- Report the Accident – A police report is a key piece of evidence.
- Document Everything – Photos, videos, witness information, and your own notes can all support your claim.
- Avoid Recorded Statements – Insurance companies may try to use your words against you.
- Speak with a Truck Accident Attorney – Legal guidance early on helps protect your rights.
Why Acting Fast Is So Important
Truck accidents often involve high stakes and aggressive legal teams representing trucking companies. Waiting too long to take legal action can result in:
- Lost or altered evidence
- Decreased witness memory
- Missed legal deadlines
- Reduced leverage in negotiations
Even though you technically have three years, it’s best to get legal help as soon as possible after the crash.
Mississippi Truck Accident Lawsuit Deadlines – Quick Reference
| Type of Claim | Deadline | Notes |
| Personal Injury | 3 years | From date of accident |
| Wrongful Death | 3 years | From date of death |
| Government Entity Involved | 1 year | Requires 90-day notice |
| Victim is a Minor | Paused until age 18 | Then 3 years from 18th birthday |
| Mentally Incapacitated | Paused until capacity restored | |
| Injury Discovered Later | Clock starts when injury is discovered |
Final Thoughts
The statute of limitations in Mississippi gives you three years in most truck accident cases—but you should never wait that long. Evidence fades, memories blur, and your ability to build a strong case diminishes with time.
If you or a loved one has been involved in a truck accident, don’t delay. Speak with an experienced truck accident attorney today to understand your options and protect your right to full compensation.
