Truck accident claims run on two sets of rules at once. Federal FMCSA regulations govern the carrier — hours of service, maintenance, insurance minimums — and are identical nationwide. State law governs your injury claim, and it varies enormously: filing deadlines range from one year to five, and fault rules range from pure comparative to rules that bar recovery entirely.
The state where your crash happened is not an administrative detail. It decides how long you have, what happens if the insurer shifts part of the blame onto you, and in some states whether your damages are capped at all.
Compare the states
| State | Filing deadline | Fault rule |
|---|---|---|
| Tennessee | 1 year | Modified comparative negligence (50% bar) |
| Texas | 2 years | Modified comparative negligence (51% bar) |
| California | 2 years | Pure comparative negligence |
| Florida | 2 years | Modified comparative negligence (51% bar) |
| Georgia | 2 years | Modified comparative negligence (50% bar) |
| Ohio | 2 years | Modified comparative negligence (51% bar) |
| Indiana | 2 years | Modified comparative negligence (51% bar) |
| Illinois | 2 years | Modified comparative negligence (51% bar) |
| Pennsylvania | 2 years | Modified comparative negligence (51% bar) |
| Alabama | 2 years | Pure contributory negligence |
| Iowa | 2 years | Modified comparative negligence (51% bar) |
| Arizona | 2 years | Pure comparative negligence |
| North Carolina | 3 years | Pure contributory negligence |
| Missouri | 5 years | Pure comparative negligence |
These are general personal injury periods. Wrongful death deadlines are often measured differently, and claims against government entities almost always require notice far sooner. Filing deadlines for all 50 states are on our statute of limitations page.
The three fault rules, and why they matter so much
- Pure comparative negligence — your award is reduced by your share of fault, but no percentage bars recovery. A claimant 90% at fault still recovers 10%.
- Modified comparative negligence — the same reduction applies, but recovery stops at a threshold: either 50% (barred when equally at fault) or 51% (barred only when more at fault than the defendant). Most states use one of these.
- Pure contributory negligence — being found even 1% responsible bars recovery entirely. Only Alabama, Maryland, North Carolina, Virginia, and the District of Columbia still apply it.
This is the mechanism behind the adjuster's early phone call. Every percentage point of fault attributed to you reduces what the carrier pays — and in a contributory negligence state, a single admission can end the claim. See what to do before you talk to an adjuster.
Browse by state
Don't see your state? The referral network covers all 50 states — a free case review routes your request to an attorney licensed where your crash happened. See also what "truck accident lawyer near me" actually means.