How Long After a Car Accident Can You Sue?

Posted on June 1, 2025

Whit Drake is a Birmingham car accident attorney who guides crash victims through Alabama’s strict legal timelines with empathy and precision. We have handled hundreds of collision claims from our office at 2 Perimeter Park South #510E, giving us a front-row view of how I-20/59, I-65, and U.S. 280 crashes reshape lives in Jefferson County.

Our firm invites you to a free consultation at (205) 970-0800 so you can focus on healing while we safeguard every deadline that protects your right to compensation.

What Is the Statute of Limitations for Car Accident Claims in Alabama?

Alabama gives most injured drivers two years from the crash date to file a personal injury lawsuit under Ala. Code § 6-2-38(l). Property damage suits, for example, a totaled SUV, can be filed for up to six years under § 6-2-34(5).

Missing these windows bars the courtroom doors: if you were hurt on May 20, 2023, you must sue by May 20, 2025, or your claim is gone. Short deadlines keep evidence fresh and witnesses available, but they punish delay.

When Does the Clock Start Running?

The filing clock normally starts on the accident date because injuries and damages are presumed discoverable then.

Alabama recognizes a narrow discovery rule for injuries that reasonable diligence could not have revealed, such as a slow-bleeding brain injury that surfaces weeks later. In that rare event, the two-year period starts when the harm is, or should have been, discovered. The rule is sparingly applied, so do not depend on it.

Exceptions and Extensions to the Deadline

Several circumstances pause or extend the two-year limit:

Minor victims – The clock does not begin until the injured person turns 19
Mental incapacity – Tolling occurs until the person regains competency.
Defendant out of state – Time is paused while an at-fault driver leaves Alabama.
Fraudulent concealment – Hiding key facts can extend the limit until discovery.
Government entities – Written notice is due within 6 months for cities and within 1 year for counties before any lawsuit can follow.

Alabama’s strict contributory negligence rule, barring recovery if you are even 1 percent at fault, does not add time, but it heightens the need for early legal strategy.

What Happens If You Miss the Deadline?

Courts dismiss late-filed cases automatically, leaving victims to shoulder medical bills, lost wages, and pain without legal recourse.

Insurers know this and often stall negotiations until the deadline passes, then deny payment outright. Only a valid statutory exception can revive a time-barred claim, and proving one is difficult. Acting early is the safest path.

Common and Uncommon Car Accident Scenarios

Car accident lawsuits arise from countless road hazards:

Frequent crashes

Rear-end collisions on congested I-65 exits
T-bone wrecks at busy Five Points South intersections
Multi-vehicle pile-ups on foggy stretches of I-20/59
Rollovers on sharp U.S. 280 curves
Parking-lot fender-benders at The Summit
Hit-and-run incidents along Red Mountain Expressway

Less familiar claims

Deer strikes on rural Highway 79
Tire-blowout or brake-failure crashes caused by defective parts
Sinkhole or large-debris impacts on county roads
Flash-flood hydroplaning wrecks during tornado-spawned storms
Post-collision vehicle fires and electrical malfunctions
Train-crossing impacts at 1st Avenue North
Rideshare and taxi crashes with layered insurance puzzles

Any of these collisions can support a lawsuit if negligence exists and deadlines are met.

Why Act Quickly After an Accident?

Evidence degrades fast. Skid marks fade, security-camera footage on I-59 loops over after days, and eyewitness memories blur within weeks. Prompt medical care ties injuries to the crash date and blocks insurers from claiming they were pre-existing.

Calling an attorney right away lets us dispatch investigators, collect black-box data, and send preservation letters before vital proof disappears. Early involvement also positions us to meet municipal notice rules and insurance filing cutoffs that arrive months before the two-year statute.

How Drake Injury Lawyers Can Help You

Birmingham car accident lawyer Whit Drake builds airtight timelines so no client loses a case to a technicality. Our auto injury team at Drake Injury Lawyers investigates every crash, calculates damages, and negotiates relentlessly while you recover.

We work on a contingency fee basis. No fee unless we win. Our attorneys file suit within days when a looming deadline threatens leverage, and we are ready to try the case in Jefferson County Circuit Court if the insurer refuses fair value.

“The team at Drake Injury lawyers was fantastic. They went above a beyond with us.They even discussed things with my wife when I wasn’t available. We were treated like family.They were very attentive a made the process go smoothly.id highly recommend them to anyone seeking help.” – Nancy B.

Protect Your Deadline Today

Time marches on after every collision. Call (205) 970-0800 or complete our contact form now for a free, same-day review with Birmingham car crash attorney Whit Drake. We will file your claim on time, fight for maximum compensation, and charge nothing unless we win.