Every state imposes statutes of limitations that set deadlines for filing pedestrian accident lawsuits. Missing these deadlines typically bars recovery entirely, no matter how strong your case. Understanding the applicable time limits and exceptions protects your right to pursue compensation.

Standard Statutes of Limitations

Most states set personal injury statutes of limitations between two and four years from the date of injury. Common timeframes include two years (California, Texas, Pennsylvania), three years (New York, New Jersey), and four years (Florida). These deadlines apply to most pedestrian accident cases against private parties.

The clock typically starts running on the date of the accident. For wrongful death claims, the limitations period often begins on the date of death rather than the accident date.

Shorter Deadlines for Government Claims

Claims against government entities—including accidents involving city buses, public transit, municipal vehicles, or dangerous road conditions—face much shorter deadlines. Many states require administrative claims to be filed within 30 to 180 days of the accident before any lawsuit can be filed.

These notice requirements are strictly enforced. Missing the administrative deadline by even one day can permanently bar claims against government defendants. The short timeframes make immediate legal consultation critical when government liability is involved.

Tolling Provisions and Exceptions

Certain circumstances toll (pause) the statute of limitations:

Minor plaintiffs—in most states, the limitations period does not begin until a child reaches age 18. However, claims by parents for medical expenses may still be subject to standard deadlines.

Mental incapacity—if injuries cause mental incapacity preventing the victim from managing their affairs, the statute may be tolled until capacity is restored.

Discovery rule—for injuries not immediately apparent, some states start the clock when the injury was or should have been discovered, rather than the accident date.

Defendant absence—if the defendant leaves the state, time spent outside the jurisdiction may not count toward the limitations period.

Consequences of Missing the Deadline

Filing after the statute of limitations expires allows defendants to raise a complete defense that courts must honor. The case will be dismissed regardless of merit. Even clearly negligent defendants escape liability if claims are not timely filed.

Insurance companies know these deadlines and may delay settlement negotiations hoping victims will miss filing requirements. Do not let negotiations lull you into missing critical deadlines.

Why Acting Promptly Matters

Beyond meeting legal deadlines, early action preserves evidence crucial to your case. Surveillance footage is typically overwritten within days or weeks. Witness memories fade. Vehicle damage may be repaired and evidence destroyed. Physical evidence at the scene changes.

Starting investigation early captures fresh evidence while filing within the statute of limitations protects your legal rights.

Protecting Your Rights

Do not assume you know which deadline applies to your case. Multiple claims with different deadlines may exist—personal injury versus wrongful death, claims against private parties versus government entities, direct claims versus derivative claims.

Consult with an attorney promptly after any pedestrian accident to identify all applicable deadlines and ensure protective filings are made in time. Most offer free consultations and can quickly assess your situation.

Do not wait until the deadline approaches—the earlier you act, the stronger your case will be.