How long do I have to file a bicycle accident claim?
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How long do I have to file a bicycle accident claim?

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Posted on February 6, 2019

A person has three years from the date of a bike accident to file an injury claim under Revised Code of Washington § 4.16.080. The same three-year limit also applies to wrongful death cases, but the limitations period will begin on the date of a bicyclist’s death, which may be much later than the date of their accident. Washington state law does allow for the statute of limitations to be tolled (or delayed) in certain circumstances. For example, for victims 1) who are under 18 years of age, 2) who are “incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings,” 3) or who are imprisoned on a criminal charge may be able to have their limitations period tolled until they turn 18, become mentally competent, or are released from prison under Revised Code of Washington § 4.16.190. Additionally, the limitations period can also be delayed when a defendant leaves the state or is concealed within it under Revised Code of Washington § 4.16.180, so the period in which they are evading justice will not be counted against the limitations period.