If you’ve been involved in a truck accident in Texas, one of the most pressing questions you might have is: How long do I have to file a claim? Timing is critical in these cases, as Texas law imposes strict deadlines for pursuing compensation related to injuries, property damage, or wrongful death. Missing these deadlines can mean losing your right to seek justice altogether.
This guide will break down the filing deadlines (also called the “statute of limitations”), explain important exceptions, and outline why acting quickly can significantly improve your chances of a successful claim.
Texas Statute of Limitations for Truck Accident Claims
Under Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for filing a personal injury lawsuit—including those stemming from truck accidents—is two years from the date of the crash. This also applies to lawsuits for property damage.
For example, if your accident occurred on July 16, 2025, you would typically have until July 16, 2027, to file your lawsuit. If you miss this window, Texas courts will likely dismiss your claim, regardless of its merit. You can read the official statute here.
Key Exceptions to the Two-Year Deadline
While the two-year limit is the standard, Texas law provides certain exceptions that could pause or extend the filing period depending on your circumstances:
1. Claims Involving Government Entities
If a government-owned vehicle (such as a city maintenance truck or a school bus) was involved in your accident, you’re subject to different rules under the Texas Tort Claims Act. A notice of claim must be filed within six months, although some cities—like Houston or Austin—impose even shorter deadlines (as little as 90 days). More details can be found at Texas Department of Transportation.
2. Wrongful Death
In cases where someone dies due to a truck accident, the two-year limit starts from the date of death, not necessarily the date of the accident. This distinction is critical for families pursuing justice on behalf of loved ones.
3. Minors or Mental Incapacity
If the injured person is under 18 at the time of the accident, the clock doesn’t start ticking until their 18th birthday. In this case, they would have until their 20th birthday to file. Similarly, for individuals who are mentally incapacitated, the timeline may pause until they regain legal capacity.
4. Delayed Discovery of Injuries
In rare circumstances—such as with internal or soft tissue injuries that aren’t immediately obvious—Texas courts may apply the discovery rule, which starts the limitation clock when the injury was discovered or reasonably should have been. However, this is a narrow exception and typically requires expert legal and medical support to prove.
5. Defendant Leaves the State
If the at-fault party flees Texas after the crash, the statute of limitations may pause during their absence. This ensures a defendant cannot avoid legal responsibility simply by leaving the state.
Why Acting Quickly Matters
Even though you technically have up to two years to file a claim, waiting can put your case at serious risk. Here’s why immediate action is critical:
Evidence Deteriorates
Truck accident cases often hinge on time-sensitive evidence—such as driver logs, black box data, and maintenance records. According to the Federal Motor Carrier Safety Administration (FMCSA), trucking companies are only required to retain driver logbooks for six months. After that, crucial documentation may be lost or destroyed. Visit FMCSA.dot.gov for regulatory details.
Witness Testimony Fades
The sooner witnesses are interviewed, the more reliable their recollection. Over time, memories blur and contact information becomes outdated, which can hurt the credibility of your case.
Insurance Companies Use Delay Tactics
Insurers often try to drag out the process, hoping you’ll miss the statute deadline. Filing your claim early gives your legal team leverage in negotiations.
Medical Evidence is Crucial
Delaying medical care after an accident can cast doubt on whether your injuries were caused by the crash. Seeking prompt treatment creates a documented timeline that links your condition directly to the collision.
Steps to Take After a Truck Accident
To protect your rights and position your claim for success:
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Seek Medical Attention Immediately – Some serious injuries, such as traumatic brain injuries, may not show symptoms right away.
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Report the Crash – Texas law requires reporting accidents involving injuries or significant damage. You can file a police report or submit a Crash Report (Form CR-2) if no law enforcement officer arrived.
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Document Everything – Take photos, gather contact info from witnesses, and save medical and vehicle repair bills.
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Track All Deadlines – Make note of your accident date and calculate the filing deadline based on the applicable rules.
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Consider Legal Guidance – Truck accident cases often involve multiple parties, federal regulations, and aggressive insurers. An experienced attorney can help you navigate the system and preserve critical evidence.
Why This Matters in Austin
The Austin metro area is a high-traffic corridor, particularly along I-35, US-290, and SH-130—major routes where large commercial trucks frequently operate. According to the Texas Department of Transportation, Travis County consistently ranks among the highest in the state for serious and fatal truck accidents. With ongoing urban development and heavy commuter congestion, the risk of being involved in a collision with a commercial vehicle is especially elevated. If you were injured in an Austin truck accident, it’s critical to begin the claims process quickly—not only because of the legal deadlines but also because evidence in fast-moving urban settings can disappear quickly.
Final Thoughts
In most cases, you have two years from the date of a truck accident to file a lawsuit in Texas. However, exceptions—including those involving government vehicles, minors, or delayed injury discovery—can shift this timeline. The consequences of missing the deadline are severe: your case may be dismissed outright, and you’ll lose the ability to recover any compensation.
Don’t assume you have time to spare. The sooner you act, the better your chances of gathering solid evidence, protecting your rights, and building a strong case. Contact Joe Lopez today for a free consultation of your truck accident case.
