Every state imposes statutes of limitations setting deadlines for filing bicycle accident lawsuits. Missing these deadlines typically bars recovery entirely. Understanding time limits and exceptions protects injured cyclists' legal rights.
Standard Statutes of Limitations
Most states set personal injury statutes of limitations between two and four years from the injury date. Common timeframes include two years (California, Texas, Pennsylvania), three years (New York, New Jersey), and four years (Florida).
The clock typically starts on the date of the accident. For wrongful death claims, limitations may run from the death date rather than the accident date.
Shorter Deadlines for Government Claims
Claims against government entities face much shorter deadlines. If your accident involved a city bus, public transit, or dangerous road conditions maintained by government, administrative claims must typically be filed within 30 to 180 days.
Missing government claim deadlines bars recovery regardless of how strong your case is. These short timeframes make immediate legal consultation essential when government liability may exist.
Tolling for Minor Children
Statutes of limitations for minor children are typically tolled (paused) until they reach adulthood. A child injured at age 10 may have until age 20 or later to file claims, depending on state law.
However, parents' derivative claims for medical expenses may still face standard deadlines. Families should not assume they can wait simply because the injured person is a child.
Discovery Rule Exceptions
Some injuries are not immediately apparent. The discovery rule in many states starts the limitations clock when the injury was discovered or reasonably should have been discovered, rather than the accident date.
This may apply to latent injuries that develop over time or to product defects not immediately recognized as causing the accident.
Product Liability Considerations
Claims against bicycle or component manufacturers have their own limitations periods which may differ from personal injury deadlines. Some states also impose statutes of repose limiting claims to a certain number of years after the product was sold.
Identifying potential product liability claims early protects against missing these separate deadlines.
Consequences of Missing Deadlines
Filing after the statute expires allows defendants to raise a complete defense. Courts must dismiss time-barred claims regardless of merit. Even clearly negligent defendants escape liability if claims are not timely filed.
Why Acting Promptly Matters
Beyond meeting legal deadlines, early action preserves evidence. Surveillance footage is overwritten within days or weeks. Witness memories fade. Vehicle damage is repaired. Physical evidence at accident scenes changes.
Starting investigation early captures fresh evidence while meeting filing deadlines protects legal rights.
Protecting Your Rights
Do not assume you know which deadline applies. Multiple claims with different deadlines may exist. Consult with an attorney promptly after any bicycle accident to identify applicable deadlines and ensure protective filings are made in time.
The earlier you act, the stronger your case will be.