The truck accident statute of limitations in Tennessee appears to be 1 year from the date of the crash (T.C.A. § 28-3-104(a)(1)). Wrongful death generally runs 1 year from the date of death. If a government vehicle or entity was involved, formal written notice is generally required first, on its own clock: 1 year (Claims Commission). 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 Tennessee 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 Tennessee, 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. Tennessee is already selected. Nothing you type is sent anywhere.
What makes Tennessee different
Tennessee has one of the shortest deadlines in the country — one year from the crash. There is a conditional extension to two years if criminal charges are brought against the driver arising from the same conduct, but that depends on a prosecutor's decision the claimant does not control and cannot wait on. In practice a Tennessee claimant should plan around twelve months, and in a state with this much freight traffic, that is very little time to identify the right carrier.
The four Tennessee deadlines that matter
| Deadline | Period | Runs from | Citation |
|---|---|---|---|
| Personal injury lawsuit | 1 year | the date of the crash | T.C.A. § 28-3-104(a)(1) |
| Wrongful death claim | 1 year | the date of death | T.C.A. § 28-3-104 |
| Notice — state entity | 1 year (Claims Commission) | the date of the crash | T.C.A. § 9-8-402 |
| Notice — city, county or district | 12 months | the date of the crash | T.C.A. § 29-20-305 |
On the injury period: Tennessee has one of the shortest injury deadlines in the country. It extends to two years under § 28-3-104(a)(2) if criminal charges are brought against the driver arising from the same conduct — but that is conditional and should never be assumed.
On the wrongful death period: Same one-year baseline and the same conditional two-year extension.
Claims against a government entity in Tennessee
The shortest government notice window found for Tennessee — 1 year (Claims Commission) (T.C.A. § 9-8-402). 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.
Claims against the State are filed with the Division of Claims and Risk Management. Governmental Tort Liability Act suits against a city, county or school district must be brought within 12 months.
Public fleets you could realistically be hit by in Tennessee: TDOT maintenance trucks, county highway department equipment, MATA buses in Memphis, WeGo in Nashville, municipal fleets, and school district 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 18 in Tennessee under T.C.A. § 28-1-106 — the clock generally does not start until the injured person turns 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 Tennessee clock starts
Applies. Tennessee runs the one-year clock from when the injury and the identity of the wrongdoer are known or discoverable.
Why the evidence clock in Tennessee is much shorter
Tennessee's filing deadline is 1 year. 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 Tennessee
Memphis is the largest air-cargo hub in the world and one of the densest ground-freight interchanges in North America. I-40 across Tennessee is a primary transcontinental route, and Chattanooga and Nashville both host major distribution operations.
The corridors where these crashes concentrate: I-40 (Memphis–Nashville–Knoxville), I-24 and I-65 through Nashville, I-75 (Chattanooga–Knoxville), I-81 into Virginia and I-55 and I-269 around Memphis.
For Tennessee's comparative fault rules, damages caps and a deeper look at these corridors, see our Tennessee 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 |
|---|---|---|
| Kentucky | 1 year | 1 year |
| Virginia | 2 years | 2 years |
| North Carolina | 3 years | 2 years |
| Georgia | 2 years | 2 years |
| Alabama | 2 years | 2 years |
| Mississippi | 3 years | 3 years |
| Arkansas | 3 years | 3 years |
| Missouri | 5 years | 3 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 Tennessee
- 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 1 year deadline with a far shorter notice window — 1 year (Claims Commission).
- Do not give a recorded statement to the trucking company's insurer.
- Request the Tennessee crash report, which identifies the carrier, the DOT number and the insurer.
- Have a lawyer licensed in Tennessee 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.