How Long Do I Have to File a Truck Accident Claim in Texas?
If you or someone you care about gets hurt in a Texas truck accident, the injured party may be able to sue the at-fault party for compensation. This payout will cover medical bills, accident-related expenses, and pain and suffering. To succeed in your truck accident claim, you must meet time limits known as the Texas statute of limitations. Below, we’ll discuss how this two-year period and deadline can affect the success of your case and how hiring a lawyer early can help you maximize your payout.
Texas Statute of Limitations
In the United States, a statute of limitations is a law that dictates the maximum amount of time a victim has to file a lawsuit after a damaging event like a truck accident. Under Texas Civil Practice and Remedies Code Section 16.003, truck accident victims can take legal action in civil court “not later than two years after the day the cause of action accrues.” In other words, the statute of limitations for filing a lawsuit for personal injury or property damages is two years from the date of the crash.
For example, if a truck crashed into your car on May 12, 2025, you would usually need to take legal action by May 12, 2027. If you miss the deadline, the court is likely to dismiss your claim, whether it has merit or not.
Although there are some exceptions to the deadline, if you’re injured in a truck accident, you should take the statute of limitations seriously if you want to receive a full and fair settlement. An experienced truck collision lawyer can help you protect your rights and get your payout in a timely manner.
Why the Deadline Matters
Few things in life are permanent, but some events are irreversible. Filing a Texas truck accident claim quickly is key because once the statute of limitations expires, you permanently lose the right to seek compensation. Before the deadline passes, victims can try to negotiate a settlement to avoid filing a lawsuit, but as time goes on, it becomes likelier that the insurer will try to delay the claims process. Your legal position weakens as the filing deadline approaches. If you can’t reach a settlement or file a lawsuit in time, you’re likely to walk away empty-handed.
Insurance companies have an incentive to make a settlement before the case goes to court; doing so can help them avoid paying legal fees and court costs. Avoiding a lawsuit may also help to protect their client’s reputation.
A victim who loses the option to file a lawsuit also loses the leverage they had to negotiate with the insurer or at-fault party’s lawyers. If the defendant knows that you have lost the right to sue for damages, they are likely to pay out as little as possible.
Reaching a settlement or filing a lawsuit early preserves the victim’s right to seek damages, so you’ll want to start working with a skilled truck collision attorney as soon as possible. Acting quickly doesn’t just protect your right to sue; it can also make your claim stronger. When you work to seek compensation in a timely manner, your lawyer will have access to fresher and better evidence they can use to build a strong case that can potentially generate a higher payout. On the other hand, failing to take timely action can ruin your chances of recovering damages for lost property and wages, medical bills, pain and suffering, or other losses.
Exceptions to the Two-Year Rule
Although Texas law specifies that the two-year limit is a strict deadline, it also makes exceptions that could shorten, extend, or pause the filing period for the cases below:
Your Case Involves Government Vehicles
If you get hit by a government-owned vehicle like a bus or ambulance, the Texas Tort Claims Act requires you to file a notice of claim within six months. Some cities give you even less time by requiring you to file within 90 days.
The Victim Is a Minor (under 18 years old)
When a person under 18 gets injured in a truck accident, the two-year statute of limitations begins on their 18th birthday, meaning that they can take legal action any time before their 20th birthday.
The Victim Becomes Mentally Incapacitated
If a person becomes mentally incapacitated after an accident, the clock may pause until they regain legal standing.
The Victim Discovers Late-Onset Injuries
If a truck accident causes soft tissue, internal, or other injuries like whiplash that aren’t immediately diagnosed or discovered, the deadline to take legal action may be extended. Texas courts may adjust the statute of limitations to begin on the day the injury becomes apparent if medical evidence supports the change and if a doctor or specialist establishes a date of reasonable injury discovery.
The Accident Causes a Wrongful Death
When a truck accident causes a wrongful death, the two-year limit to file a lawsuit starts from the date of the fatality, even if it happens after the date of the accident. This allows surviving family members a bit more time to seek justice on behalf of their loved one, but they still must act quickly to protect their rights.
The At-Fault Party Leaves the State
If the party responsible for a truck accident flees Texas after the wreck, the courts may pause the statute of limitations until they are found. This helps prevent an at-fault party from avoiding legal responsibility by leaving Texas.
Why You Shouldn’t Wait to File
When you’re injured in a truck accident, the sooner you take action, the better your chances of receiving full compensation for your claim. Though you technically have two years to file a lawsuit, waiting to pursue justice can put your case at risk. Here’s why you should make your move early:
Evidence Gets Lost
The evidence that shows how a truck accident happened, like black box data, driver logs, or security camera footage, may be time-sensitive. In particular, the Federal Motor Carrier Safety Administration (FMCSA) only requires trucking companies to keep driver logbooks for six months. As time passes, it’s easier for evidence to get lost or destroyed.
Witness Testimony Becomes Less Reliable
Witness statements tend to be more reliable when they are gathered immediately after the crash. As memories fade, witness statements become less accurate and credible, and poor testimony can weaken your case.
Medical Evidence Is Absent or Missing
If you fail to seek medical care immediately after a truck accident, the lack of a diagnosis or a gap in your medical records can raise doubts that the crash caused injuries. Seeking treatment quickly and following up with your doctor creates a documented timeline of your medical condition and shows how it relates to the collision.
You Can Lose Leverage
Some insurers will drag out the settlement process, hoping that you miss the deadline to file before you can come to an agreement on compensation. Starting the claims process early gives your truck crash lawyer more leverage when they negotiate.
What Can You Claim in a Truck Accident Case?
After a truck crash, Texas law allows victims who are less than 51% at fault to seek compensation for quantifiable economic damages like medical expenses, lost wages, and property damage, plus qualitatively evaluated non-economic damages like pain and suffering. It also allows survivors to pursue compensation for the wrongful death of a family member and sometimes rewards punitive damages in cases of malice or extreme negligence.
Receiving a payout from a lawsuit or settlement can be life-changing, as it can significantly reduce financial difficulty now and in the future. A good truck wreck lawyer will do everything possible to help you achieve a full recovery.
Here’s the breakdown:
- Medical Expenses: These costs could include everything from your doctor’s visit, ambulance ride, treatment surgery, and hospital stays to prescription medications and physical therapy. If you have serious injuries, ongoing medical issues, or become permanently disabled, your truck wreck attorney can also sue for the cost of your future medical care. Experts can project these future costs to ensure you are fully compensated.
- Lost Wages and Earning Capacity: If you miss work or lose your job after a truck accident, you can sue to recover the income you’ve lost as a result. If your injuries prevent you from going back to your old job or reduce your earning potential, you can also claim these future earnings as losses.
- Property Damage: If your car needs repairs or gets totaled, or if your personal property gets damaged as the result of a truck accident, your claim should include the cost to repair or replace these items.
- Pain and suffering: Truck accidents often create long-term physical and mental anguish that can severely diminish a victim’s quality of life, so Texas law allows them to seek compensation for their pain and suffering. Physical pain could include the immediate, chronic, and long-term pain associated with a truck accident injury. Suffering can also be physical, or it can refer to the emotional and psychological trauma truck accident victims endure that causes depression, anxiety, PTSD, and loss of enjoyment of life. Victims can also sue for damages if they suffer loss of consortium that negatively impacts their relationship with their spouse.
- Wrongful death damages: If a truck accident victim suffers a wrongful death as a result of their injuries, their families can sue for economic and non-economic damages. Awards pay for losses like medical bills, lost wages and benefits, future income, and funeral costs. They can also cover mental anguish; loss of love, companionship, and counsel; and loss of inheritance.
- Punitive Damages: When a truck accident happens because a driver or their trucking company was extremely negligent or malicious, the victim may pursue punitive damages that are meant to punish the wrongdoer and deter similar behavior in the future. A truck accident lawyer must provide “clear and convincing evidence” of egregious behavior, which is more difficult than proving ordinary negligence. Punitive damages are most frequently awarded when a victim suffers wrongful death or severe injury or when a driver was under the influence, speeding, behaving recklessly, or operating an unsafe vehicle.
Take Action Quickly to Protect Your Rights
Once you recover your bearings after a truck accident, you’ll want to start the process of recovering your losses as soon as possible. Following the steps below can ensure you can reach a settlement or file a lawsuit before the statute of limitations runs out:
- Get Medical Care Immediately: Have a doctor treat and document your injuries to protect your health and legal rights.
- File a Report: Let law enforcement agents and, if appropriate, your employer and property manager know about your accident and get it on the record.
- Gather and Preserve Evidence: Collect photos, videos, witness statements, accident reports, and medical records your truck accident lawyer can use as evidence in your case.
Don’t delay: hire legal help early! Even if your losses seem minor, prepare for the worst; a settlement or award can safeguard your future. The sooner you hire a skilled attorney, the better chance you have of building a strong case and being fully compensated for your losses in a timely manner.
How PM Law Firm Can Help With Your Truck Accident Claim
Truck accidents can be devastating, but with the right legal team on your side, you’ll be equipped to overcome hardship. PM Law Firm can provide professional legal support and guidance for your truck accident claim, investigate the accident, take action on your behalf, and ensure that you receive a fair settlement. Your attorney can also file truck accident claims and speak to witnesses, negotiate with the defendant’s insurance company, and meet with the court officials to achieve the successful outcome you deserve.
Don’t Wait—Time Is Running Out
After a truck accident, taking legal action sooner rather than later is key to protecting your rights. If you wait too long to file a claim, and the statute of limitations runs out, you’re likely to lose the opportunity to seek financial remuneration. Seeking justice after an accident is the right thing to do, so contact a truck wreck attorney at PM Law Firm right away to discuss your case.
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