What is the Statute of Limitations for Filing a Truck Accident Lawsuit in Arkansas?

If you or a loved one has been injured in a truck accident in Arkansas, one of the most important legal concepts you need to understand is the statute of limitations. This law sets the deadline for how long you have to file a lawsuit after a crash. Missing this deadline can completely block your chance to recover compensation, no matter how strong your case may be. Knowing the timeline and how it applies to your situation is the first step toward protecting your rights and securing justice.

An experienced Arkansas truck accident lawyer can guide you through these deadlines and ensure that critical evidence is preserved before it is lost. At Gates Law Firm, PLLC, we fight aggressively for accident victims and their families, holding negligent drivers and trucking companies accountable. Do not wait until it is too late to act. Call us today at (501) 779-8091 for a free consultation and learn how we can help you pursue the compensation you deserve.

The Three-Year Rule: Arkansas’ Primary Statutory Deadlines

For those impacted by a truck accident in Arkansas, understanding the specific time limits that govern different types of claims is the first step toward protecting their legal rights. These deadlines are set by state law and are strictly enforced by the courts.

Personal Injury and Property Damage

The most common claims following a truck accident involve compensation for physical injuries and damage to a vehicle or other property. Under Arkansas law, the primary deadline for these claims is straightforward. As codified in Arkansas Code § 16-56-105, an individual has three years from the date of the accident to file a lawsuit for personal injuries and property damage.

This three-year window applies to a wide range of damages, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Costs to repair or replace a vehicle

It is important to understand that this is an absolute deadline. If a lawsuit is filed even a single day after the three-year anniversary of the crash, the defendant (such as the trucking company or its insurer) can file a motion to dismiss the case. Courts almost always grant these motions, leaving the injured party permanently barred from seeking compensation, regardless of how severe the injuries are or how clear the evidence of fault may be.

The Arkansas Wrongful Death Statute

When a truck accident results in a fatality, the legal framework shifts to a wrongful death claim, which allows surviving family members to pursue compensation for losses such as financial support, companionship, and emotional suffering. Unfortunately, there is widespread confusion about the statute of limitations for these cases, and misinformation can be devastating for grieving families.

The controlling statute, Arkansas Code § 16-62-102, establishes that wrongful death lawsuits must be filed within three years from the date of the victim’s death, not the date of the accident. This distinction matters because a victim may pass away days, weeks, or even months after the crash, and the clock does not begin until the date of death.

Complicating matters further, there is an important exception. If the wrongful death is the result of medical malpractice (for example, negligent medical care after a truck accident), the statute of limitations is shorter, two years, as outlined in Arkansas’s medical malpractice laws. This nuance highlights why families should not rely on generic legal advice from non-specialized or out-of-state sources. The exact deadline depends on the cause of death, and missing it can extinguish the right to pursue justice and financial recovery.

Arkansas Truck Accident Lawyer Joseph Gates

Critical Exceptions to the Statute of Limitations

While the three-year deadline is a firm rule, Arkansas law recognizes that certain circumstances can make it impossible or unfair for a victim to file a claim within the standard period. In these specific situations, the law provides for exceptions that can extend or pause the timeline. However, these exceptions are not automatic loopholes. They are complex legal arguments that must be proven in court and are often vigorously contested by defense attorneys.

The “Discovery Rule”: When an Injury is Hidden

Not all injuries are immediately apparent after a crash. Some conditions, like traumatic brain injuries, spinal disc damage, or internal organ issues, may only develop noticeable symptoms weeks or months later. The “Discovery Rule” is a legal doctrine that addresses this reality. Under this rule, the statute of limitations does not begin to run until the date the injury was actually discovered, or the date it should have been discovered through reasonable diligence.

For example, a truck accident victim might dismiss what seems like minor back soreness and continue with daily life. Eighteen months later, worsening pain leads to an MRI that reveals a herniated disc directly linked to the crash. The defense would argue the three-year clock started on the date of the accident. The victim’s attorney, however, could argue that under the discovery rule, the clock did not begin until the date of the MRI diagnosis, since the victim could not have reasonably known the full extent of the injury earlier. Successfully relying on the discovery rule often requires detailed medical records and expert testimony, turning the case into a battle over when the legal clock should have started.

“Tolling” the Clock: Pausing the Deadline

In some situations, the law allows the statute of limitations clock to be paused, or “tolled,” until certain conditions are resolved. The most common circumstances for tolling in Arkansas include:

• Injured Minors: If the injured person was under 18 when the crash happened, Arkansas tolls the deadline until they turn 18. This means the statute of limitations typically runs out at the person’s 21st birthday.
• Mental Incapacitation: If a victim suffers a severe brain injury or another condition that renders them legally incompetent, the clock is paused during the period of incapacity. The three-year period begins only once they are legally recognized as having regained their mental capacity.
• Defendant’s Absence or Concealment: If the at-fault driver or trucking company leaves Arkansas or takes steps to avoid being served with a lawsuit, the statute can be tolled during the period of their absence. This prevents a defendant from escaping liability simply by avoiding service until the statute expires.

Circumstance	How Tolling Works	When the Clock Resumes
Injured Minors	If the injured person was under 18 at the time of the crash, the statute is paused until they turn 18.	The three-year statute of limitations begins on their 18th birthday and ends at age 21.
Mental Incapacitation	If a victim is legally incompetent due to brain injury or other conditions, the statute is paused.	The clock starts once they are legally recognized as competent again.
Defendant’s Absence or Concealment	If the at-fault driver leaves Arkansas or hides to avoid being served, the statute is paused.	The period resumes when the defendant returns or is no longer concealing themselves.

Claims Involving Government Entities

A particularly contentious case involves accidents where a government entity may be responsible. This might include a collision with a city-owned garbage truck, a state construction vehicle, or a crash caused by a poorly designed or poorly maintained public road. In these cases, the doctrine of “sovereign immunity” comes into play, which shields government agencies from most lawsuits.

Although this immunity is sometimes waived, the process for bringing a claim is very different and far stricter. Before filing a lawsuit, the victim is often required to file a formal “notice of claim” with the appropriate government agency. The deadline for this notice is far shorter than the three-year limit for ordinary claims, with some deadlines as short as 180 days. Missing this notice deadline can permanently bar the victim from pursuing compensation, even if they would otherwise have time left under the general statute of limitations.

These exceptions should never be viewed as a substitute for prompt action. They are complicated, heavily litigated, and place the burden on the victim’s legal team to prove their applicability. Relying on an exception is a high-risk strategy that underscores the importance of consulting with an attorney as soon as possible after a truck accident.

Why You Cannot Afford to Wait Three Years

The single greatest mistake a truck accident victim can make is assuming the three-year statute of limitations provides them with ample time to act. While the legal deadline to file a lawsuit may be years away, the practical deadline to build a strong case is immediate. The evidence that proves negligence and determines the value of a claim is highly perishable and begins to disappear the moment the crash scene is cleared.

The Rapid Disappearance of Evidence

The physical scene of a truck accident holds critical information. Skid marks can reveal braking patterns and speed. Yaw marks can show how a vehicle was sliding. The placement of debris can help experts reconstruct the points of impact. This type of evidence is fleeting. It can be washed away by rain, obscured by traffic, or erased during road repairs.

Eyewitness memories are just as fragile. Immediately after the accident, witnesses may recall small but important details that help establish fault. As time passes, however, memories fade, accounts become inconsistent, and people may move away or become unreachable. Each passing week makes it harder to preserve accurate testimony that can strengthen a victim’s case.

Erasure of Black Box and ELD Data

Some of the most powerful evidence in a truck accident case is digital. Commercial trucks are usually equipped with an Event Data Recorder (EDR) and an Electronic Logging Device (ELD), often called a “black box.” These devices record second-by-second data about the truck’s operation, including:

• Vehicle speed in the moments before the crash
• When and how the brakes were applied
• Throttle position and engine RPM
• Steering inputs and cruise control status
• Sudden changes in velocity (Delta-V) and forces of impact

This digital footprint is invaluable because it provides an objective account of how the truck was being operated. But it is also temporary. Many EDRs automatically overwrite stored data after a set number of ignition cycles, sometimes within only 30 days. Federal regulations require trucking companies to preserve certain records for a limited time, but once that period expires, the data can be legally deleted. Victims who wait too long to seek legal help may discover that crucial black box evidence has been erased beyond recovery.

Investigating Potential Company Negligence in Paper and Digital Trails

In addition to black box data, a trucking company’s own records can reveal negligence. Federal Hours of Service (HOS) rules place strict limits on how many hours a driver can operate a truck without rest. ELDs log these hours, and when properly obtained, these records can prove that a driver was dangerously fatigued and driving in violation of the law.

Maintenance and inspection logs are just as important. Trucking companies must keep detailed records about the condition of their vehicles. These documents can expose a history of neglected safety checks, defective brakes, or worn tires, all of which may contribute to a crash. Like digital data, however, these records are not preserved forever. Companies can legally discard them after a certain time period, and any delay works in the defendant’s favor.

The aftermath of a truck accident is not a period of calm. It is an active contest over evidence. Every day that passes increases the risk that the documents, data, and witness accounts that could secure justice will disappear. Waiting until the statute of limitations is nearly expired effectively hands control of the case to the trucking company and its insurers. Acting quickly is not optional; it is essential.

The Spoliation Letter: Your Legal Tool to Preserve the Truth

Because the trucking company controls much of the most important evidence, the first critical step an attorney takes is to secure that evidence before it disappears. This is accomplished through a powerful legal tool known as a spoliation letter, also called a preservation of evidence letter. It is a formal legal notice sent directly to the trucking company, its insurance provider, and any other potentially liable parties.

The purpose of the letter is clear: it officially notifies the company that a legal claim is pending and places them under a legal obligation to preserve all relevant evidence in its current state. It explicitly prohibits the destruction, alteration, or disposal of any information connected to the accident. By sending this notice, the victim’s attorney changes the dynamics of the case, moving the client from a vulnerable position to an empowered one and signaling to the trucking company that the victim has serious legal representation.

The Legal Power Behind the Letter

A spoliation letter is far more than a polite request. It carries significant legal force because of the doctrine of spoliation of evidence, which addresses the wrongful destruction of material evidence. In Arkansas, if a party destroys or alters evidence after being notified that it must be preserved, the consequences can be severe.

One of the most serious penalties is an adverse inference instruction. Under Arkansas Model Jury Instruction (AMI) 106, a judge can instruct the jury that if they find evidence was intentionally destroyed, they may assume that the missing evidence would have been unfavorable to the party who destroyed it. This instruction can be devastating to a defense and is one of the strongest deterrents against tampering with evidence. A properly drafted spoliation letter triggers these protections, imposing a legal risk on the defendant if they fail to comply.

What Evidence is Preserved?

A thorough spoliation letter will demand the preservation of a wide range of evidence critical to proving negligence in a truck accident case, such as:

• The truck’s black box data (EDR and ELD)
• The driver’s complete Hours of Service (HOS) logs
• Results of all post-accident drug and alcohol tests
• The driver’s qualification file, including training, certifications, and driving history
• All inspection, maintenance, and repair records for the truck and trailer
• Cargo manifests, weight tickets, and bills of lading
• Dispatch instructions, emails, text messages, and internal communications between the driver and the company
• The physical truck and trailer, made available for independent inspection

Sending this letter immediately effectively freezes the evidence, ensuring that the most objective and powerful facts remain available for investigation. This step can often determine whether a case succeeds or fails, which is why it is one of the first actions taken in any serious truck accident lawsuit.

Protect Your Rights with Gates Law Firm, PLLC

Understanding the statute of limitations for a truck accident lawsuit in Arkansas is only part of protecting your rights. The clock starts ticking the moment an accident happens, and every day that passes puts critical evidence and your ability to recover damages at greater risk. Acting quickly ensures that your case is built on the strongest possible foundation.

If you or someone you love has been injured in a truck accident, do not wait until the deadline is near. An experienced Arkansas truck accident lawyer can guide you through the process, preserve vital evidence, and fight for the compensation you deserve. Call Gates Law Firm, PLLC today at (501) 779-8091 to schedule your free consultation and take the first step toward justice and recovery.