Statutes Of Limitations By State For Ordinary Car Accidents

The U.S. has considerable variation in the statute of limitations that applies to lawsuits arising from ordinary car accidents involving competent adults and no government officials or claims against the government.

Two states (ME and ND) allow you to wait six years. One state gives you five years (MO). Four states (UT, WY, NE, and OH) allow four years.

Two states (TN and LA) limit you to one year. 

The other 41 states and the District of Columbia have statutes of limitations that are two or three years. (Incidentally, while Colorado allows three years for car accidents, it allows only two years for most all other personal injury lawsuits.)

There isn't a clear partisan pattern to the state by state differences. I'm interested in finding research, if there is any, on what practical impact the different rules have on tort liability for car accidents. 

WARNING: THIS POST IS NOT LEGAL ADVICE. IF YOU NEED TO KNOW, TALK TO A LAWYER RETAINED TO ANALYZE YOUR INDIVIDUAL CASE.

This particular statute of limitations is a decent bellwether, because it is the single most common type of tort lawsuit, and because the date upon which it begins to run is usually very clear.

According to data from the Bureau of Justice Statistics, around 60% of tort lawsuits are related to car accidents.

What other data on tort lawsuits is available from the same study (using 1991-1992 data)?

* The majority of cases disposed were auto torts (complaints charging damage caused by a motor vehicle). 

* Complex cases involving medical malpractice, product liability or toxic substance together made up about 10% of all tort cases. 

* About three-quarters of the cases were disposed through an agreed settlement or voluntary dismissal; 3% by a trial verdict. 

* Twenty-eight percent of the approximately 378,000 tort cases were uncontested, (the defendant did not file an answer to the complaint). 

* Half the tort cases were disposed within 14 months. 

* Auto tort cases were settled in a shorter period than all other cases. 

* Tort cases involved primarily individuals suing other individuals. 

* Half of the all tort cases involved three or more litigants. 

During a 1-year period ending in 1992, State courts of general jurisdiction in the Nation's 75 largest counties disposed of an estimated 378,000 tort cases involving 1.4 million plaintiffs and defendants. Individuals suing businesses accounted for a third of all cases. The average time courts took to dispose of a tort case was just over 11/2 years. Trial verdicts accounted for 3% of all tort cases disposed. 

These are some of the results from a study of tort cases in State courts. The basis is a representative sample of the 75 courts where nearly half of all tort cases nationwide are handled, making this the closest that exists to a tort study national in scope. 

These survey data establish a benchmark against which future tort reforms can be evaluated. Moreover, survey results provide a baseline that individual courts can use for comparison. 

The sample 

The estimated 378,000 tort cases were disposed from July 1, 1991 to June 30, 1992, in State general jurisdiction courts. A representative sample of 18,000 tort cases was drawn from court files in 45 of the Nation's 75 largest counties. The 45 are located in 21 States. The sample excluded Federal courts, which account for about 4% of all tort cases, and State courts outside the 75 largest counties. (Federal tort case jurisdiction is limited to claims that involve more than $50,000 in damages and in which plaintiffs and defendants are from different States. About a third of tort cases disposed in Federal court in 1992 involved product liability.) Also excluded were tort cases disposed in States' limited jurisdiction court. (Limited jurisdiction courts have jurisdiction over cases where the amount at stake is below a certain threshold (typically $500 to $25,000.) 

Types of tort cases 

In tort cases, plaintiffs allege injury, loss, or damage from negligent or intentional acts of the defendants. Types of cases vary. Over the 1-year period, the two most frequent kinds disposed were from automobile accidents (60%) and premises liability cases alleging harm from inadequately maintained or dangerous property (17%). Other types of cases included those that are a primary focus of current tort reform activity: product liability (3%), toxic substance (2%), and medical malpractice cases (5%). In 92% of tort cases, the plaintiff cited personal injury as the type of harm involved. Property damage was cited in 5%, and financial loss or injury to reputation was claimed in the remaining 3%. 

The majority of tort cases involving personal injury (64%) or property damage (60%) were auto torts. 

Types of tort case dispositions 

The most common method of tort case disposition was an agreed settlement (73%) About 10% of the cases were dismissed for a lack of prosecution or failure to serve a complaint on the defendant. In the vast majority of tort cases, litigants settled the complaint without going to trial. Therefore, details of tort settlements are unknown. Little systematic data are available regarding why cases are settled or the cost of settlement for either party. 

A jury (2%) or bench (1%) trial verdict disposed relatively few cases. Medical malpractice claims (7%) were more likely than product or premises liability, auto, or toxic substance cases to be disposed by a jury or bench trial.  

Uncontested tort cases 

Most tort litigants had an attorney represent them; 3% of the involved a pro se litigant who represented himself or herself. In 28% of tort cases, the defendant failed to file an answer to the complaint. Failure to answer in a timely manner (usually within 30 to 45 days) gives the plaintiff the right to file a motion for a default judgment. Such uncontested tort cases comprised 81% of all cases disposed by default judgments. Most uncontested cases were disposed by agreed settlement (65%) or dismissed for lack of prosecution or failure to serve the complaint on the defendant (23%).