Hawaii truck accident statute of limitations

What counts as "filing"?

The 2-year deadline applies to filing a complaint (the lawsuit document) with the court. It does NOT mean you need to settle the case by then, or even complete pre-suit negotiations. You need to file the complaint — that's it.

Practical reality: a competent attorney needs months of preparation before filing — gathering medical records, expert evaluations, accident reconstruction, witness statements. Don't wait until month 23 of a 24-month deadline to hire someone.

HRS § 657-7 — the actual rule

Two years from date of injury for personal injury. Two years for wrongful death.

Read the full text of HRS § 657-7 →

Government entity claims — different deadline

If your truck accident involves a government-owned vehicle (state DOT truck, city sanitation truck, school bus, public transit), Hawaii typically requires you to file a Notice of Claim within a much shorter deadline — often 90 to 180 days — before the regular SOL clock applies.

Missing the notice deadline almost always bars the entire claim, even if you file the lawsuit within the 2-year window. This is one of the most frequent traps for self-represented plaintiffs.

If a government vehicle was involved in any way, talk to a lawyer in the first few weeks after the accident.

Exceptions that can extend the deadline

Some narrow exceptions can extend the SOL. They are NOT a substitute for filing on time — courts apply them grudgingly. Common exceptions include:

• Discovery rule. If an injury wasn't reasonably discoverable at the time of the accident (e.g., internal injuries diagnosed weeks later, delayed-onset TBI symptoms), the clock may not start until you knew or should have known.
• Minor tolling. If the victim was under 18 at the time of the accident, most states pause the clock until the victim turns 18 (then the full SOL period begins).
• Mental incapacity. If the victim was rendered unconscious or mentally incapacitated by the accident, the clock may pause until they regain capacity.
• Defendant fraud or concealment. If the trucking company actively concealed information needed to identify them or assess liability, courts sometimes toll the SOL.

These exceptions are fact-specific and judge-discretionary. Don't rely on them as a substitute for prompt filing.

Why the SOL isn't actually your tightest deadline

Most accident victims focus on the SOL as the only deadline. In commercial trucking cases, two practical realities make the real deadline much shorter:

1. ELD (Electronic Logging Device) data overwrites every 6 months. Federal regulations require trucking companies to keep ELD records for 6 months. After that, they're allowed to delete or overwrite the data — and many do immediately. Without the driver's hours-of-service data, proving a fatigue-based claim becomes much harder.
2. Dashcam footage cycles in days or weeks. Most fleet dashcam systems retain video for 30-90 days unless an event triggers preservation. A formal litigation hold (sent by your attorney within days of the crash) is the only reliable way to preserve it.
3. The truck itself gets repaired or scrapped. Physical evidence on the truck — brake wear, mechanical defects, cargo loading — can be lost to repair within weeks. An expert inspection of the actual vehicle is often critical, and requires legal action to preserve.

Practical recommendation from Hawaii truck accident attorneys: start the legal process within 30 days of the accident, regardless of the 2-year legal deadline. By month 12, much of the critical evidence is already gone.

Related Hawaii legal context

• Comparative negligence rule: Hawaii follows modified comparative fault with a 51% bar (HRS § 663-31). Read more on our Hawaii state page →
• Damages caps: No cap on compensatory damages in standard truck cases. Full breakdown →
• Top Hawaii firms: Our editorial top 5 →