The truck accident statute of limitations in Alabama appears to be 2 years from the date of the crash (Ala. Code § 6-2-38(l)). Wrongful death generally runs 2 years from the date of death. If a government vehicle or entity was involved, formal written notice is generally required first, on its own clock: 6 months (municipalities). The evidence clock is shorter than all of them.
Before you rely on these numbers
The statutory figures on this page have not yet been verified against current statute text by a licensed attorney. They are published with their citations so they can be checked, and they should be treated as a starting point for a conversation with a Alabama lawyer — not as a legal conclusion. Statutes change: Florida cut its personal injury period in half in 2023 and Louisiana doubled its own in 2024.
Your deadlines in Alabama, calculated
Enter the date of your crash and the tool below will work out both clocks — the legal filing deadline and the much shorter window before the proof can be destroyed. Alabama is already selected. Nothing you type is sent anywhere.
What makes Alabama different
Alabama is one of only a handful of states where the age of majority is 19 rather than 18, which changes how long a minor's clock is paused. Its wrongful death statute is also unlike any other — damages are punitive in character, and the two-year period is generally treated as a condition of the right to sue rather than an ordinary limitations period that courts will toll.
The four Alabama deadlines that matter
| Deadline | Period | Runs from | Citation |
|---|---|---|---|
| Personal injury lawsuit | 2 years | the date of the crash | Ala. Code § 6-2-38(l) |
| Wrongful death claim | 2 years | the date of death | Ala. Code § 6-5-410 |
| Notice — state entity | Board of Adjustment claim — no general tort suit against the State | the date of the crash | Ala. Code § 41-9-60 et seq. |
| Notice — city, county or district | 6 months (municipalities) | the date of the crash | Ala. Code § 11-47-23 |
On the wrongful death period: Alabama's wrongful death statute is unusual: damages are punitive in nature and the two-year period is generally treated as a condition of the right to sue, not an ordinary limitations period that can be tolled.
Claims against a government entity in Alabama
The shortest government notice window found for Alabama — 6 months (municipalities) (Ala. Code § 11-47-23). This is the deadline that quietly ends claims: it comes due long before the ordinary filing deadline, it is a precondition to suing rather than a suggestion, and missing it usually bars the claim entirely no matter how strong the case is.
Alabama's constitution bars most tort suits against the State itself; claims go to the Board of Adjustment instead. Claims against a county are generally 12 months under Ala. Code § 11-12-8.
Public fleets you could realistically be hit by in Alabama: ALDOT maintenance trucks, county road department equipment, municipal sanitation fleets in Birmingham and Mobile, and public school buses. If you are not certain whether the vehicle that hit you was one of these, work to the shorter deadline until somebody confirms otherwise. The downside is not symmetrical.
If the injured person was a minor
Tolled to age 19 in Alabama under Ala. Code § 6-2-8 — the clock generally does not start until the injured person turns 19. The age of majority in Alabama is 19, not 18.
That pause applies to the court deadline. It does not apply to the evidence. A carrier is entitled to destroy a driver's logs six months after the crash whether the injured person is 8 or 38, and in many states a government notice deadline is not tolled for a child either. A tolled filing deadline and an untouched evidence deadline is the most dangerous combination on this page.
When the Alabama clock starts
Limited. Alabama applies the discovery rule narrowly in personal injury cases; assume the clock starts at the crash.
Why the evidence clock in Alabama is much shorter
Alabama's filing deadline is 2 years. The federal retention rules that govern the trucking company are measured in weeks and months:
- Dashcam and telematics video — often 30 days or less. No federal retention requirement — vendor and carrier policy only.
- ECM / black box data — overwritten as the tractor keeps running, and routinely lost when it is repaired or resold.
- Driver logs and records of duty status — six months (49 CFR § 395.8(k)(1)).
- Maintenance and repair records — one year while the vehicle is in the carrier's control (49 CFR § 396.3(c)).
- Annual inspection report — 14 months (49 CFR § 396.21(b)(1)).
The way to stop those clocks is a preservation letter to the carrier — a written demand that specific evidence be kept. Until it arrives, destroying records at the end of a retention period is routine and lawful. Our FMCSA regulations and evidence guide explains what each of these records contains.
Truck traffic in Alabama
Alabama moves a heavy mix of port, automotive and steel freight. The Port of Mobile feeds I-65 northward, and the assembly plants around Montgomery, Vance and Huntsville pull just-in-time parts trucks onto I-85 and I-20/59 around the clock.
The corridors where these crashes concentrate: I-20/59 (Birmingham–Tuscaloosa–Meridian), I-65 (Mobile–Montgomery–Birmingham–Huntsville), I-10 along the Gulf Coast, I-85 toward Atlanta and US-280 and US-431.
For Alabama's comparative fault rules, damages caps and a deeper look at these corridors, see our Alabama truck accident lawyer page.
Neighbouring states have different clocks
A crash a few miles across a state line can be governed by a completely different deadline. If you are not certain which state your crash happened in — near a border, on a bridge, or on an interstate you were travelling at speed — check both.
| State | Injury deadline | Wrongful death |
|---|---|---|
| Mississippi | 3 years | 3 years |
| Tennessee | 1 year | 1 year |
| Georgia | 2 years | 2 years |
| Florida | 2 years | 2 years |
Or use the filing deadline calculator to compare any state, and the full state index for all 50 states and D.C.
What to do next in Alabama
- Get a preservation letter to the carrier. This is the most time-critical step and the one almost nobody hears about.
- Confirm whether a government entity was involved. That answer can replace your 2 years deadline with a far shorter notice window — 6 months (municipalities).
- Do not give a recorded statement to the trucking company's insurer.
- Request the Alabama crash report, which identifies the carrier, the DOT number and the insurer.
- Have a lawyer licensed in Alabama confirm the dates above against the current statute.
Sources
- Hours of Service — records of duty status retention — 49 CFR § 395.8 (Federal Motor Carrier Safety Administration)
- Inspection, Repair, and Maintenance — record retention — 49 CFR Part 396 (Federal Motor Carrier Safety Administration)
- Accident register requirements — 49 CFR § 390.15 (Federal Motor Carrier Safety Administration)
- Large Truck and Bus Crash Facts — Federal Motor Carrier Safety Administration
Federal regulations and crash statistics are updated periodically. Figures cited on this page reflect the referenced publications at the time of writing; check the source for the current edition.