Strict deadlines apply when filing a truck accident lawsuit in Aurora, Colorado, making it important to act quickly after your crash. These time limits, known as statutes of limitations, can bar you from getting compensation if you’re even one day late. That’s why contact with an Aurora truck accident lawyer early is so important. An attorney will protect your interests right away and help you understand the timeline so you don’t lose valuable rights.
General Deadline: 3 Years for Motor Vehicle Accidents
Colorado law (specifically C.R.S. §13-80-101(1)(n)) gives victims three years from the date of a truck, car, motorcycle, or other motor vehicle crash to file a personal injury lawsuit in civil court.
(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter: (i) All actions under the “Motor Vehicle Financial Responsibility Act”, article 7 of title 42, C.R.S.;
The purpose of this time frame is to make sure claims are brought while evidence is still fresh and while all sides can fairly investigate what happened.
What Happens If You Miss the Colorado 3-Year Deadline?
If you wait longer than three years after your Aurora truck accident, your rights to seek compensation may disappear, no matter how strong your case would have been otherwise. If you attempt to take your lawsuit to court after the deadline has expired, the judge will dismiss your case in most situations.
Exceptions to The Deadline in Colorado
Not every truck accident claim in Aurora will fit neatly within the standard three-year filing deadline. Colorado law offers several exceptions where the timeline is different. Below are some of the most common exceptions:
Delayed Discovery of Injuries
Sometimes, injuries from a truck accident aren’t apparent right away. For example, symptoms might not show up until weeks or even months after the crash, or tests may reveal deeper issues over time. In these situations, the clock to file your lawsuit may start running from the day your injuries could reasonably be diagnosed, not from the exact date of the crash. Courts typically require proof that the injury wasn’t discoverable earlier despite reasonable diligence.
Claims Against a Government Entity
If your accident involved a government vehicle or public agency, like a city street truck, a Colorado Department of Transportation (CDOT) snowplow, or a Regional Transportation District (RTD) bus, very strict rules apply. You must file official notice of your claim within 182 days of the accident under the Colorado Governmental Immunity Act (CGIA). The timeline to file an actual lawsuit is just two years, not three, making these cases a bit more complicated.
Wrongful Death Cases
If a truck accident in Aurora causes someone to lose their life, the family bringing a wrongful death claim generally has only two years from the date of the death to begin a lawsuit. Make sure you speak with an Aurora attorney right away so you don’t lose your chance to get justice.
Minors (Injury to a Child)
For injured children, Colorado law often puts the deadline on hold (referred to as “tolling”), until the minor turns 18. After that, they’re given the same deadline as adults – 3 years from the day they turn 18. This exception allows children to file a claim once they’re old enough to understand what happened and what they’re entitled to.
Contact Our Aurora Truck Accident Lawyers Today
Special rules and exceptions can dramatically change how much time you have to take action, so it’s important to look into your claim right away. Ridder Law is here to assist you and help you determine the deadline. Contact us today to schedule a free consultation at (303) 529-9662.