Idaho
Truck Accident Laws in Idaho (2026): Deadlines & Liability
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 8 primary sources cited on this page. How we verify our legal content

A crash with a large commercial truck in Idaho is governed by two layers of law at once: Idaho's own rules on deadlines, fault, damages, and insurance, and a detailed set of federal safety regulations that apply to interstate trucking companies and their drivers. Together they shape who can be held responsible and how long you have to act. This page explains both, as general legal information rather than legal advice.
The deadline to sue in Idaho
Idaho's statute of limitations for an injury to the person is two years under Idaho Code 5-219(4), measured from the date of the injury. A wrongful-death action, brought by the decedent's heirs or personal representative under Idaho Code 5-311, is also subject to the two-year limit in Idaho Code 5-219(4), generally running from the date of death.
A few situations change the deadline. The period can be tolled for an injured minor, who generally has until two years after turning 18, and for a legally incompetent person. If a government entity is a defendant, the Idaho Tort Claims Act requires a notice of claim within 180 days, far sooner than the two-year deadline. Because the exceptions are narrow and courts enforce the limit strictly, the safest course is to treat two years as a firm deadline.
How fault works: Idaho's 50% bar
Idaho uses modified comparative negligence under Idaho Code 6-801. The statute provides that contributory negligence does not bar recovery if your fault "was not as great as" the fault of the party you are suing, and that any damages are reduced in proportion to your own share of fault. In practice this is the 50% bar: you can recover if you are 49% at fault or less, but at 50% or more your claim is barred entirely.
Idaho law also allocates fault among multiple responsible parties, which matters in a truck case where responsibility may be divided among the driver, the motor carrier, and others. Identifying every responsible party is important to a full recovery.
No-fault status: Idaho is an at-fault state
Idaho is not a no-fault state. It does not require personal injury protection (PIP) coverage, and there is no statutory injury threshold you must cross before you can sue. Instead, the driver and company at fault for the crash are directly responsible for the resulting harm, and you pursue them (and their insurers) for medical bills, lost income, pain and suffering, and other losses. This differs from no-fault states, where an injured person first turns to their own PIP coverage and must clear a threshold before stepping outside the no-fault system.

Damage caps in Idaho
Unlike most states, Idaho caps noneconomic damages, the category that covers pain and suffering, mental anguish, and similar losses. Under Idaho Code 6-1603, the cap started at $250,000 and is adjusted each July 1 based on the percentage change in the Idaho Industrial Commission's average annual wage, so the current figure is considerably higher than the original amount. The cap does not apply to causes of action arising out of willful or reckless misconduct, or out of conduct that the trier of fact finds beyond a reasonable doubt would constitute a felony. Economic damages, such as medical bills and lost income, are not capped. Because the noneconomic figure changes annually, confirm the current amount for your case.
Insurance context in Idaho
Idaho requires every driver to carry minimum auto liability coverage of $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage, under Idaho Code 49-1229, which sets the requirement at the limits defined in Idaho Code 49-117(20). Those minimums are modest, but a commercial truck operating in interstate commerce is subject to the much higher federal financial-responsibility rules discussed below, which is one reason trucking cases differ from ordinary car crashes.
Federal FMCSA rules that apply to trucking companies
Most large commercial trucks and the companies that run them are regulated by the Federal Motor Carrier Safety Administration (FMCSA) under Title 49 of the Code of Federal Regulations. These rules set the safety baseline, and a violation can be powerful evidence of negligence:

- Hours of service (49 CFR Part 395): a property-carrying driver may drive no more than 11 hours after 10 consecutive hours off duty, cannot drive beyond the 14th hour after coming on duty, must take a 30-minute break after 8 hours of driving, and is capped at 60 hours in 7 days or 70 hours in 8 days.
- Electronic logging devices (49 CFR Part 395): most drivers must record their hours with an ELD, and carriers must retain the data, which can confirm or contradict a fatigue defense.
- Driver qualification and CDL (49 CFR Part 391): carriers must verify a driver's license, medical fitness, and record before putting them on the road.
- Drug and alcohol testing (49 CFR Part 382): carriers must conduct pre-employment, random, and post-accident testing and use the FMCSA Clearinghouse.
- Inspection, repair, and maintenance (49 CFR Part 396): carriers must systematically inspect and maintain their vehicles and keep records.
Who can be liable after a truck crash
A truck case routinely involves more potential defendants than a typical car crash, and many are corporate. Depending on the facts, responsibility may extend to:
- The driver, for negligent driving such as speeding, distraction, or fatigue.
- The motor carrier (trucking company), often vicariously for its driver's on-the-job conduct, and directly for negligent hiring, training, supervision, or retention, or for pressuring drivers past the hours-of-service limits.
- A broker or shipper, in some circumstances.
- A cargo loader, when improper or overweight loading causes or worsens a crash.
- A parts or vehicle manufacturer, when a defective brake, tire, or component contributes.
Identifying every responsible party matters because, under Idaho's apportionment rule, each defendant generally pays only its share of fault, and additional defendants can mean additional insurance coverage.
Federal minimum insurance for trucks
Under 49 CFR 387.9, a for-hire motor carrier transporting non-hazardous general freight in interstate commerce must maintain at least $750,000 in liability insurance. Carriers hauling certain hazardous materials must carry far more, up to $5,000,000. That $750,000 baseline, set by the Motor Carrier Act of 1980, dwarfs Idaho's $25,000 minimum for ordinary drivers and is a major reason truck cases are handled differently from car-accident claims.
Why evidence preservation matters early
Much of the proof in a truck case lives in the truck and the carrier's files: ELD and logbook records, the engine control module (the truck's onboard data recorder or black box), maintenance and inspection logs, dispatch records, and the post-accident drug-and-alcohol test. Some of that data can be overwritten or routinely discarded within months. A timely spoliation or evidence-preservation letter to the carrier, sent early, helps ensure this information is kept rather than lost.

How to evaluate an Idaho truck-accident claim
If you have been injured, preserve what you can: the police report, photographs of the scene and vehicles, the names of witnesses, and your medical records. Get medical care and keep documentation of your treatment and lost income. Many Idaho personal-injury attorneys evaluate truck cases on a contingency-fee basis and offer a free initial consultation, meaning no upfront fee, though no lawyer can guarantee a result. Because the two-year deadline is firm and evidence can disappear, it is wise to consult a licensed Idaho attorney promptly rather than waiting.
Frequently Asked Questions
What is the deadline to sue for a truck accident in Idaho?
Generally two years from the date of the crash for personal-injury claims under Idaho Code 5-219(4), and two years from the date of death for a wrongful-death claim brought under Idaho Code 5-311, subject to the same two-year limitations period in Idaho Code 5-219(4). Claims against a government entity require a notice of claim within 180 days under the Idaho Tort Claims Act, and the period can be tolled in limited situations such as for minors.
Who can be sued after a truck accident in Idaho?
Potentially the driver, the motor carrier (often vicariously and for negligent hiring, training, or supervision), a broker or shipper, a cargo loader, and a parts or vehicle manufacturer. Truck cases routinely involve multiple, often corporate, defendants.
How is a truck accident different from a car accident?
Commercial trucks are governed by federal FMCSA safety rules (49 CFR) on hours of service, logging, driver qualification, and maintenance; cases often involve several defendants; key evidence such as ELD and engine-control-module data can be overwritten; and interstate carriers must carry at least $750,000 in liability coverage rather than a typical car policy.
Is Idaho a no-fault state for truck accidents?
No. Idaho is an at-fault (tort) state. It does not require PIP coverage and has no injury threshold to clear before suing, so you pursue the at-fault driver and trucking company directly for your losses.
How does fault affect my recovery in Idaho?
Under Idaho's modified comparative negligence rule (Idaho Code 6-801), your damages are reduced by your percentage of fault, and you recover nothing if your fault is as great as or greater than the at-fault party's, which is the 50% bar. Fault is apportioned among all responsible parties.
How much is an Idaho truck accident case worth?
There is no set figure. Value depends on the severity of injuries, medical costs, lost income, the degree of fault, and available insurance. Idaho does not cap economic damages, but it caps noneconomic damages (pain and suffering) under Idaho Code 6-1603, an amount adjusted annually with exceptions. No one can guarantee an outcome or amount.
Injured in Idaho? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Idaho personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Corrected the citation for Idaho's minimum auto liability coverage: the requirement is Idaho Code 49-1229 and the $25,000/$50,000/$15,000 limits are defined in Idaho Code 49-117(20), not Idaho Code 49-1212.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected three restatements of the wrongful-death deadline that cited Idaho Code 5-311 (which creates the wrongful-death cause of action but contains no limitations period) as the source of the two-year deadline; the two-year period is now attributed to Idaho Code 5-219(4), the section the bundle confirms actually supplies it.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Idaho Code
§ 6-801Comparative negligence or comparative responsibility — Effect of contributory negligence. Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence or comparative responsibility resulting in death or in injury to person or property, if such negligence or comparative responsibility was not as great as the negligence, gross negligence or comparative responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence or comparative responsibility attributable to the person recovering. Nothing contained herein shall create any new legal theory, cause of action, or legal defenseIn forcecited in 7 of our articles
6-801. Comparative negligence or comparative responsibility — Effect of contributory negligence. Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence or comparative…
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Noel v. City of Rigby (Idaho Supreme Court 2020, 166 Idaho 575)“…e, the relevant statutory provision governing this issue is Idaho Code section 6-801. That statute abrogated the common law…”
- Boswell v. Steele (Idaho Supreme Court 2018)“…6 The Boswells assert that the plain language of Idaho Code section 6-801 precludes it from being applied to stri…”
- Ross v. Coleman Co., Inc. (Idaho Supreme Court 1988, 114 Idaho 817)“…re’s intent in enacting our comparative negligence system. Idaho Code § 6-801 , as it read prior to 1987, was substan…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Idaho Dog Bite Laws: Liability and Victim Rights, Idaho Car Accident Laws: Fault, Insurance, and Your Claim, Medical Malpractice Laws in Idaho (2026): Deadlines & Caps
§ 5-219Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries. Within twoIn forcecited in 9 of our articles
5-219. Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries. Within two (2) years: 1.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 167 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Lapham v. Stewart (Idaho Supreme Court 2002, 137 Idaho 582)“…that the action was barred by the statute of limitations, Idaho Code § 5-219 (4). Because matters outside the compla…”
- Martin v. Clements (Idaho Supreme Court 1978, 98 Idaho 906)“…ssible retroactive application of the statute. We agree. Idaho Code § 5-219 (4), prior to its 1971 amendment, provi…”
- Conner v. Hodges (Idaho Supreme Court 2014, 157 Idaho 19)“…was barred by the two-year statute of limitations found in Idaho Code section 5-219(4), as Jami suffered some damage that w…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Idaho Defamation Laws: Libel, Slander & Suing (2026), Idaho Medical Records Retention Laws (2026 Guide), Motorcycle Accident Laws in Idaho (2026): Deadlines & Helmets
§ 5-311Suit for wrongful death by or against heirs or personal representatives — DamagesIn forcecited in 2 of our articles
5-311. Suit for wrongful death by or against heirs or personal representatives — Damages. (1) When the death of a person is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing…
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 40 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Castorena v. General Electric (Idaho Supreme Court 2010, 149 Idaho 609)“…IV. ANALYSIS A. Idaho Code § 5-311 contains a condition precedent, but the…”
- Hayward v. Valley Vista Care Corp. (Idaho Supreme Court 2001, 136 Idaho 342)“…rongful death were authorized in Idaho by the enactment of Idaho Code § 5-311 , this Court held that the common law r…”
- Lanningham v. Farm Bureau (Idaho Supreme Court 2024)“…their mother’s] death under Idaho’s wrongful death statute, Idaho Code § 5-311.” Id. at 553, 286 P.3d at 189. The esta…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wrongful Death Laws in Idaho (2026): Deadlines & Who Can Sue
§ 6-1603Limitation on noneconomic damagesIn forcecited in 6 of our articles
6-1603. Limitation on noneconomic damages. (1) In no action seeking damages for personal injury, including death, shall a judgment for noneconomic damages be entered for a claimant exceeding the maximum amount of two hundred fifty thousand dollars ($250,000); provided, however, that beginning on…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Kirkland v. Blaine County Medical Center (Idaho Supreme Court 2000, 134 Idaho 464)“…156, 1158 (1992). IV. DISCUSSION A. Idaho Code § 6-1603 does not violate the right to jury tri…”
- Aguilar v. Coonrod (Idaho Supreme Court 2011, 151 Idaho 642)“…ive non-party doctors. B. The noneconomic damages cap in Idaho Code § 6-1603 limits the noneconomic damages award a…”
- Ballard v. Kerr, M.D, Silk Touch Laser (Idaho Supreme Court 2016, 160 Idaho 674)“…2 and 6-1013 by only asserting recklessness claims. Idaho Code section 6-1603(1) provides: “In no action seeking dama…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Idaho Slip and Fall Laws: Proving Premises Liability
Code of Federal Regulations Title 49
§ 387.9Financial responsibility, minimum levels.In forcecited in 52 of our articles
The minimum levels of financial responsibility referred to in § 387.7 are hereby prescribed as follows: Table 1 to § 387.9—Schedule of Limits—Public Liability Type of carriage Commodity transported January 1, 1985 (1) For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds) Property (nonhazardous) $750,000 (2) For-hire and Private (In interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds) Hazardous substances, as defined in 49 CFR 171.8, transported in bulk in cargo tanks, portable tanks, or hopper-type vehicles; in bulk Division 1.1, 1.2 or 1.3 materials; in bulk Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material, in bulk Division 2.1 or 2.2 material; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403 5,000,000 (3) For-hire and Private (In interstate or foreign commerce, in any quantity; or in intrastate commerce, in bulk only; with a gross vehicle weight rating of 10,001 or more pounds) Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, or hazardous substances defined in 49…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Carolina Casualty Insurance v. Yeates (2009) held an MCS-90 endorsement applies only where the underlying policy gives no coverage and the carrier's insurance falls below the minimums 49 CFR 387.9 prescribes. GREAT WEST CAS. v. General Cas. Co. of Wisconsin (2010) found that purpose met once other coverage exceeded the 387.9 amount.
Opinions citing this section in our collection:
- GREAT WEST CAS. v. General Cas. Co. of Wisconsin (District Court, D. Minnesota 2010, 734 F. Supp. 2d 718)“…ardous commodities is $750,000. 49 U.S.C. § 31139 (b)(2); 49 C.F.R. § 387.9 . Under the Federal Motor Carrie…”
- Carolina Casualty Insurance v. Yeates (Court of Appeals for the Tenth Circuit 2009, 584 F.3d 868)✓A trucker's own insurer paid the Yeateses the full $750,000 that section 387.9 sets as the minimum for non-hazardous property, and the en banc court held a second insurer's MCS-90 endorsement was therefore never triggered and added no coverage.
- American Inter-Fidelity Exchange v. American Re-Insurance Company (Court of Appeals for the Seventh Circuit 1994, 17 F.3d 1018)✓A truck insurer sought reinsurance for $846,256 in deductibles it paid accident victims but could not collect; the court read the mandatory endorsement to require insurers to cover victims from the first dollar up to section 387.9's minimums, and reversed the dismissal.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in Connecticut (2026): Deadlines & Liability, Truck Accident Laws in Alabama (2026): Deadlines & Liability, Truck Accident Laws in Iowa (2026): Deadlines & Liability
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Sources and References
- Idaho Code 5-219 (two-year limitation for injury to the person and for death)(legislature.idaho.gov).gov
- Idaho Code 5-311 (suit for wrongful death by or against heirs or personal representatives)(legislature.idaho.gov).gov
- Idaho Code 6-801 (comparative negligence; recovery barred when fault is as great as defendant's)(legislature.idaho.gov).gov
- Idaho Code 6-1603 (limitation on noneconomic damages; annual wage adjustment; exceptions)(legislature.idaho.gov).gov
- 49 CFR 387.9 (minimum levels of financial responsibility for motor carriers; $750,000 general freight)(ecfr.gov).gov
- 49 CFR Part 395 (hours of service of drivers; ELD requirements)(ecfr.gov).gov
- FMCSA, Hours of Service of Drivers(fmcsa.dot.gov).gov
- 49 CFR Part 391 (qualifications of drivers)(ecfr.gov).gov
- Idaho Code 49-1229 (required motor vehicle insurance)(legislature.idaho.gov)
- Idaho Code 49-117(20) (definition of proof of financial responsibility; $25,000/$50,000/$15,000 limits)(legislature.idaho.gov)