Under Ala. Code § 6-2-38, you have exactly two years from the date of your car accident to file a personal injury lawsuit in Alabama. Miss that deadline and your claim is permanently barred — no exceptions, no extensions, no equitable relief. If you were treated at USA Health University Hospital, Mobile Infirmary, Thomas Hospital in Fairhope, or any other facility after your crash, the clock started on the day of the accident, not the day of discharge.
Under Ala. Code § 6-2-38, injured people in Alabama have two years from the date of a car accident to file a personal injury lawsuit in circuit court. Miss that deadline and the claim is permanently barred — no exceptions, no extensions, no equitable arguments that will save it. Alabama courts enforce the statute of limitations strictly, and the consequences of missing it are final.
The Two-Year Deadline — What § 6-2-38 Actually Says
Alabama Code § 6-2-38(l) states that actions for any injury to the person or rights of another not arising from contract must be commenced within two years from the accrual of the cause of action. For a car accident, the cause of action accrues on the day the collision happens — not the day treatment ends, not the day you receive a diagnosis, not the day you retain an attorney. The accident date is Day One, and every day counts from that moment forward.
The same two-year window applies to property damage claims under § 6-2-38. If someone's negligent driving destroyed a vehicle, that property damage claim must also be filed within two years of the accident date. Many injured people handle property damage quickly and assume that transaction satisfies their legal requirements — it does not. The personal injury claim and the property damage claim are separate legal actions, each subject to its own deadline.
In Mobile County, personal injury lawsuits are filed in the Mobile County Circuit Court, located at 205 Government Street, Mobile, Alabama 36602. In Baldwin County, the filing goes to the Baldwin County Circuit Court at 312 Courthouse Square, Bay Minette, Alabama 36507. The statute of limitations is not extended by pre-suit negotiations with an insurance adjuster. An adjuster can be in active settlement discussions on the day the deadline expires, and if no lawsuit has been filed, the claim is gone.
Every Exception to the Two-Year Rule
The two-year rule is not absolute. Alabama law recognizes several specific tolling provisions — circumstances that pause or delay the running of the limitations period. Understanding these exceptions is critical because people often mistakenly believe they have more time than they do, or fail to claim an exception that was available to them.
Minors — Tolling Until Age 19
Under Ala. Code § 6-2-8, if the injured person is a minor at the time of the accident, the statute of limitations is tolled — paused entirely — until the minor reaches the age of majority. In Alabama, the age of majority is 19, not 18. This means a child injured at age 10 would have until age 21 to file suit (reaching 19, then two more years). However, there is an important practical limitation: while the child's personal injury claim is tolled, a parent's derivative claim for medical expenses and loss of services is not necessarily tolled. Parents who pay a child's medical bills must pursue their own claim within two years of the accident. Additionally, delaying a child's claim for years creates serious evidentiary problems — witnesses forget, video is destroyed, and medical providers go out of business.
Discovery Rule for Latent Injuries
Alabama recognizes a limited discovery rule for injuries that are not immediately apparent. Under this doctrine, the limitations period begins when the plaintiff knew or should have known of the injury. However, Alabama courts apply this rule narrowly. The rule does not restart the clock simply because an injury worsened or a new medical diagnosis was made years later. It applies in specific circumstances where the injury was genuinely unknown and undiscoverable by reasonable diligence at the time of the accident. A classic example: a spinal injury that produces no symptoms at the time of impact but causes significant problems months later. Even then, courts will examine when symptoms first appeared and whether a reasonable person would have sought medical evaluation.
Defendant Out of State — Absence Tolling
Under Ala. Code § 6-2-10, if the defendant is absent from Alabama after the cause of action accrues, the period of absence is not counted against the statute of limitations. In practice, this provision is most relevant in trucking cases involving carriers domiciled outside Alabama. A commercial carrier based in Georgia, Texas, or elsewhere cannot defeat an Alabama personal injury claim by pointing to the two-year deadline if the defendant was absent from the state during that window. However, the long-arm statute and ease of serving out-of-state defendants through registered agents means this exception is invoked less frequently than it once was.
Wrongful Death — A Separate Clock
If the car accident results in death, the claim does not proceed under § 6-2-38. Instead, it falls under Alabama's Wrongful Death Act, Ala. Code § 6-5-410, which carries its own two-year limitations period running from the date of death — not the date of the accident. If someone survives the crash but dies from injuries two months later, the wrongful death clock starts on the day of death, not the day of the collision. The personal representative of the estate must file within two years of that death date.
Government Entity Defendants — Shorter Deadlines
If the at-fault driver was operating a government vehicle — a city bus, a county vehicle, a state employee driving on official business — the two-year personal injury deadline may be shortened significantly. Suits against Alabama municipalities require compliance with specific notice provisions under Ala. Code § 11-47-23, which can require written notice within six months of the injury. Failure to provide timely notice can bar the claim entirely, separate from and before any statute of limitations issue arises.
What Resets the Clock — and What Doesn't
Many injured people mistakenly believe that communications with the insurance company toll the statute of limitations. They do not. An insurance adjuster can send settlement offers, acknowledge liability, request medical records, and promise a response — none of that pauses the two-year clock. The only reliable mechanism for protecting a claim is filing the lawsuit. Some parties attempt to toll the limitations period through written tolling agreements, which are sometimes used when both sides are near a resolution and need additional time. These agreements must be carefully drafted and are not universally enforceable in Alabama courts.
What does reset or extend the limitations period: a defendant's fraudulent concealment of facts material to the cause of action (§ 6-2-3), a defendant's voluntary acknowledgment of the debt or injury in writing, or payment by the defendant that can be construed as an acknowledgment of liability. These are narrow exceptions argued in specific factual scenarios — they are not a general safety valve.
The Evidence Preservation Window: 30 to 90 Days
The two-year deadline is a legal line. But the evidence preservation window is far shorter — and in commercial vehicle cases, it is measured in days, not months. Understanding both windows is essential because winning a lawsuit depends on evidence, not just on filing before the deadline.
Surveillance video from businesses, traffic cameras, and dashcams typically overwrites within 30 days, often within 14 days. If the accident happened at an intersection with a traffic camera or near a business with exterior cameras, that footage must be preserved immediately through a written preservation demand. Once overwritten, it is gone permanently.
For commercial trucking cases involving carriers using the Port of Mobile or operating on I-65, I-10, or US-90 through Mobile County and Baldwin County, the data preservation window is even more critical. Electronic Logging Device (ELD) data — which records driver hours of service, rest periods, and location — is typically retained for only 6 months under FMCSA regulations, and in practice many carriers archive or overwrite data sooner. The black box (Event Data Recorder, or EDR) in the truck cab may capture pre-crash speed, braking, and acceleration data. Preservation demands must go out within 48 to 72 hours of the crash.
Cell phone records showing distracted driving must be subpoenaed promptly because carriers are not obligated to preserve them indefinitely. Drug and alcohol testing records from post-crash testing are required to be retained under FMCSA rules but should be specifically demanded early in litigation.
Why Waiting Hurts Even Before the Deadline
The two-year deadline is the absolute cutoff. But waiting even six months creates serious, concrete problems that reduce the value of a case and make it harder to win at trial.
Medical records become harder to compile as time passes. Treatment providers archive records, employees leave, and documentation of acute injury presentation becomes harder to reconstruct. The gap between the accident date and first medical treatment is one of the most powerful tools insurance adjusters use to argue that injuries were not caused by the crash. A person who does not see a doctor until six weeks after a collision faces a significant credibility problem regardless of the merits of their claim.
Witnesses' memories fade. A person who saw the crash clearly on the day it happened may struggle to recall details two years later. Eyewitnesses move, change phone numbers, and become unavailable. The freshness of witness testimony matters — and it degrades with every passing week.
The other driver's insurance company is not waiting. Within days of the crash, an adjuster has opened the file, recorded a statement from their insured, and begun building the defense narrative. In truck accident cases, the carrier's defense team is on the phone with its attorneys within hours. The injured person who waits months to retain counsel is already behind.
Port of Mobile and Commercial Carrier Cases — Specific Urgency
Mobile's position as a major Gulf Coast port means commercial vehicle accidents are common on the routes feeding and leaving the port — I-10 at the Wallace Tunnel, the Bankhead Tunnel approach, US-43 through Saraland, and I-65 through Eight Mile. Carriers hauling shipping containers, hazardous materials, and bulk cargo operate under FMCSA regulations that create specific evidence obligations and specific preservation windows.
Port carrier accidents frequently involve multiple defendants: the driver, the motor carrier, the shipper, the cargo owner, and potentially the port authority or contractor. Identifying all responsible parties requires investigation that must begin immediately. Carrier insurance policies and corporate structures can be complex — a driver may be technically employed by a staffing company, leased to a motor carrier, and hauling cargo for a third-party shipper. Each entity may have separate counsel and separate insurance. Getting preservation demands to every potential defendant within 72 hours of the crash is the minimum standard for protecting the claim.
What Happens When You Miss the Deadline
If the statute of limitations expires before a lawsuit is filed, the claim is permanently extinguished. The at-fault driver and their insurance company will file a motion to dismiss, citing § 6-2-38. Alabama courts grant these motions. There is no equitable exception for hardship, for not knowing about the deadline, for being involved in settlement negotiations, or for waiting for an insurance decision. The claim is gone.
This is not a penalty or a punishment. It is a bright-line rule that exists to ensure claims are pursued while evidence is available and defendants are not exposed indefinitely to litigation. But for an injured person who did not know the clock was running, the result is devastating: a valid claim, with real injuries and a negligent defendant, becomes worthless because the paperwork was not filed in time.
Practical Timeline for an Injured Person
Day 1: Seek medical treatment immediately, regardless of how minor injuries feel. Call law enforcement and ensure a police report is filed. Photograph the scene, vehicles, and any visible injuries. Do not give a recorded statement to any insurance adjuster.
Days 1-7: Consult with an attorney. In commercial vehicle cases, the attorney should send a preservation demand letter within 48-72 hours. Begin gathering the police report, medical records from initial treatment, and all communications from insurance companies.
Days 7-30: Continue medical treatment. Do not post about the accident or injuries on social media. Preserve all communications with insurance adjusters. Do not sign anything from the at-fault driver's insurer.
Days 30-90: Attorney completes investigation, obtains medical records, and begins evaluating the full scope of damages. Preservation demands should have been sent and responses received. Expert witnesses may be identified for complex cases.
Months 3-18: Treatment continues. Settlement demand typically prepared after maximum medical improvement is reached. Negotiations with the at-fault insurer proceed. If negotiations fail, lawsuit is filed well before the two-year deadline — ideally before the 18-month mark to allow for litigation without time pressure.
At Simmons Law, Chris Simmons handles car accident and truck accident cases throughout Mobile County and Baldwin County. Cases are taken on a contingency fee basis — no fees are charged unless compensation is recovered. Injured people who wait to consult an attorney often compromise their own claims.
Related Resources
Related: Car Accident Lawyer in Mobile, Alabama (/car-accident-lawyer-mobile-alabama) | Alabama Contributory Negligence — What Car Accident Victims Need to Know (/alabama-contributory-negligence-car-accident) | What to Do After a Car Accident in Alabama (/what-to-do-after-car-accident-alabama) | Truck Accident Lawyer Mobile Alabama (/truck-accident-lawyer-mobile-alabama) | Baldwin County Car Accident Lawyer (/baldwin-county-car-accident-lawyer)
Related Resources
→ Car Accident Lawyer in Mobile, Alabama
→ Truck Accident Lawyer in Mobile, Alabama
→ Motorcycle Accident Lawyer in Mobile, Alabama
→ Personal Injury Lawyer in Mobile, Alabama
→ Baldwin County Car Accident Lawyer
Related: Car Accident Lawyer in Mobile, AL | Personal Injury Lawyer in Mobile, AL | Do I Need a Lawyer After a Car Accident in Alabama?
Chris Simmons also handles personal injury representation in Mobile or car accident cases specifically.
For related legal information, see Simmons Law's personal injury lawyer in Mobile page. Chris Simmons handles cases throughout Mobile and Baldwin County — (251) 306-8333.
For related legal information, see Simmons Law's Mobile car accident lawyer page. Chris Simmons handles cases throughout Mobile and Baldwin County — (251) 306-8333.
