How Long Do You Have to File a Claim for a Truck Accident?

Clock One: Colorado’s Legal Deadline

The legal clock is the one most people have heard of. For injuries arising from the use or operation of a motor vehicle, Colorado gives you three years from the crash to file a lawsuit under C.R.S. 13-80-101. Miss it, and the case is almost always over no matter how strong it was.

Three years sounds generous, but there are exceptions that shrink it fast.

When the Truck Belonged to a Government Agency

A city dump truck, a county snowplow, or a state-owned vehicle falls under the Colorado Governmental Immunity Act. Under C.R.S. 24-10-109, you must serve written notice of the claim within 182 days after discovering the injury. Notice against the state goes to the Attorney General’s Office, according to the State Office of Risk Management, and a lawsuit cannot start until the claim is denied or 90 days pass, whichever comes first. The act also caps what a public entity can pay.

When a Family Loses Someone

A fatal truck crash brings its own deadline and its own list of who may file. Families facing that question should talk with a Denver wrongful death lawyer early, because the rules on who can sue, and when, differ from an injury claim.

Boesen Law puts every client’s deadlines on the calendar in the first meeting, including the government notice date if a public vehicle was involved.

For answers to your questions, call:
(303) 999-9999

Clock Two: The Evidence Deadline

The evidence clock runs much faster than the legal one, and it is set by federal record rules. Trucking companies must keep certain records for a minimum time, and after that minimum passes, nothing in those rules requires them to keep anything.

• Driver hours-of-service logs and supporting documents. At least 6 months under 49 CFR 395.8.
• Back-up copy of electronic logging device data. At least 6 months under 49 CFR 395.22.
• Driver vehicle inspection reports. At least 3 months under 49 CFR 396.11.
• Inspection, repair, and maintenance records. One year, plus 6 months after the truck leaves the carrier’s control, under 49 CFR 396.3.
• The carrier’s accident register. Three years under 49 CFR 390.15.

Post-crash drug testing moves even faster. When a crash triggers a required test, the carrier stops trying to collect a controlled substances sample if it has not been done within 32 hours. These and other federal trucking regulations are why a delay of a few months can cost you the proof of an overworked driver or a bad brake line.

A preservation letter from your lawyer, sent in the first days, puts the carrier on notice that destroying these records would be a serious problem. Sending that letter is one of the first things we do when a client hires Boesen Law.

How Long a Truck Accident Lawsuit Takes, Stage by Stage

There is no single timeline, because each stage depends on your medical recovery and on how hard the carrier fights. Here is the order the case moves in and what controls the pace at each step.

1. Treatment and investigation. Your doctors treat you while your lawyer gathers the police report, photos, the truck’s electronic data, and witness statements. The steps to take after a truck accident in the first weeks shape everything that follows.
2. Identifying every defendant. Beyond the driver, the case may involve the carrier, a maintenance shop, a cargo loader, or a freight broker. After the U.S. Supreme Court’s 2026 ruling on claims against freight brokers, brokers who choose unsafe carriers can face negligent hiring claims under state law.
3. Reaching maximum medical improvement. This is the point where doctors can say what your long-term condition will be. Settling before then risks leaving future surgery or lost earning capacity unpaid.
4. The demand package. Your lawyer sends the insurers a demand with medical records, bills, wage losses, and expert opinions. Commercial carriers often have several layers of coverage, and each layer has its own adjuster.
5. Negotiation. The insurers answer with an offer, and the back-and-forth begins. Many truck claims resolve at this stage, but only after the other side sees the case is ready for court.
6. Filing the lawsuit. If negotiation stalls, the case is filed in Colorado district court or, in some cases, federal court. Filing starts formal deadlines for both sides.
7. Discovery. Both sides exchange documents, take depositions of drivers, dispatchers, and safety managers, and hire experts in accident reconstruction, medicine, and economics. This is usually the longest stage.
8. Mediation. Many Colorado injury cases go through mediation before trial, often at the court’s direction. A neutral mediator works between the two sides for a day, and many cases settle there.
9. Trial and verdict. If the case does not settle, a jury decides fault and damages. Post-trial motions or an appeal can add more time.

A case that settles in negotiation moves on a very different schedule from one that goes to a jury. Boesen Law prepares every truck claim as if it will be tried, because that preparation is what moves the carrier’s number.

Why Truck Cases Take Longer Than Car Cases

Truck crashes produce heavier injuries, more defendants, and larger insurance policies, and every one of those adds time. According to NHTSA’s large truck crash data, 5,472 people died in crashes involving large trucks nationwide in 2023, and 70 percent of them were occupants of other vehicles. In Colorado that year, 91 people died in crashes involving large trucks.

• Severe injuries need time to define. A spinal fusion or a brain injury may take a year or more before doctors can predict the future.
• More parties means more lawyers. Each defendant has its own insurer and its own defense firm, and each gets a say in scheduling.
• Federal rules add a second layer of proof. Log violations, 18-wheeler inspection records, and driver qualification files all need expert review.
• Bigger policies mean harder fights. Carriers with large limits spend heavily on defense before they pay.

Boesen Law handles this work while you focus on treatment, and we keep you informed about where the case stands at each stage.

Truck Accident Settlements and Verdicts

People searching for an average truck accident settlement will find numbers everywhere, but none of them tell you what your case is worth. Value depends on the injuries, the medical future, lost income, the evidence of fault, and the coverage available. Colorado damages include economic losses like medical bills and wages, non-economic losses like pain and loss of enjoyment of life, and in rare cases of willful conduct, punitive damages. The types of damages in a personal injury lawsuit each need their own proof.

Time is not always the enemy here. If a case ends in a court judgment, Colorado law adds interest to personal injury damages at 9 percent per year under C.R.S. 13-21-101, which gives carriers a reason not to drag things out forever. A settlement, by contrast, ends the case on a date you agree to. We talk through both paths with every client before any decision is made.

Barry I. Dunn on Building a Truck Case That Pays

Barry I. Dunn, who has filed more than 300 complaints in Colorado district courts when adjusters would not make fair offers, says:

“I do not try to settle a truck case until it is ready for settlement. A trucking company’s insurer knows its driver’s logs, its maintenance history, and its own policy limits long before the injured person does. My job is to close that gap. That means preservation letters in the first days, the right medical specialists for the injuries my client actually has, and a lawsuit filed when the offer does not match the harm. The fastest settlement is rarely the best one, and the difference can be the cost of a surgery that has not happened yet.”

When a claim involves a commercial vehicle, the coverage often includes the carrier’s primary policy plus excess or umbrella layers, and we identify all of them early.

A Colorado Truck Accident Recovery

Boesen Law secured $4,100,000 for a client who was seriously injured in a truck accident in Colorado. That result reflects the kind of preparation Dunn describes, a case built to stand up in front of a jury. Our case results include recoveries in crashes of every kind across the state.

Contact Boesen Law About Your Truck Accident Case

Both clocks start on the day of the crash, and neither one waits for you to feel better. Boesen Law sends the preservation letters, tracks every deadline, and builds your case with the same care whether it settles or goes to trial.

Your first meeting with our team is free and in person. The contingency fee means no bill from us unless your case brings in money, so contact Boesen Law to find out where your case stands on both clocks.

FAQs About How Long a Truck Accident Lawsuit Takes

How long does it take to get paid from a truck accident lawsuit?

After a settlement, there are still a few steps before money reaches you. You sign a release, the insurer issues payment to your lawyer’s trust account, and any medical liens or health insurance reimbursement claims are resolved. Then the funds are disbursed to you. This often takes a few weeks, though lien negotiations can add time. After a jury verdict, payment can wait on post-trial motions or an appeal.

How much of a $25,000 settlement will I get?

It depends on your fee agreement, case costs, and medical liens. As an illustrative example only, if a fee agreement set a one-third contingency fee, $8,333 would go to fees, and case costs and any unpaid medical bills or liens would come out of the rest before the balance went to you. Your lawyer should give you a written settlement statement showing every deduction.

Is a truck accident settlement taxable in Colorado?

Compensation for physical injuries is generally not taxable income, but some parts of a recovery, such as interest or punitive damages, can be. The tax treatment of personal injury settlements in Colorado depends on how the money is allocated, so talk with a tax professional before you sign.

What is the deadline to file a truck accident lawsuit in Colorado?

Most truck crash injury claims must be filed within three years of the crash, and claims against a government vehicle require written notice within 182 days. The time limits on personal injury cases have exceptions in both directions, so confirm your date with a lawyer.

Why is the trucking company’s insurer calling me so soon?

Carriers often move quickly after a serious crash because early statements and early offers usually favor them. You do not have to give a recorded statement to the carrier’s insurer. Refer the call to your lawyer, and do not accept an early check before you know the full extent of your injuries.