In Texas, you generally have two years from the date of a truck accident to file a personal injury lawsuit. This legal deadline, known as the statute of limitations, is strictly enforced. If you miss it, you may lose your right to seek compensation for your injuries, property damage, or a loved one’s wrongful death. Whether you’re recovering from a serious crash or helping a family member, understanding this timeline is critical. Below, our Houston truck accident attorneys explain the key deadlines, exceptions, and why acting quickly can protect your rights after a truck accident in Texas.
Texas Statute of Limitations for Truck Accident Claims
Under Texas Civil Practice & Remedies Code § 16.003, you have two years from the date of a truck accident to file a personal injury lawsuit. This same two-year deadline applies to wrongful death claims, starting from the date of death. These time limits apply whether the crash involved an 18-wheeler, delivery truck, or other commercial vehicle.
It’s important to understand that filing an insurance claim is not the same as filing a lawsuit. Only a lawsuit filed in court will preserve your legal rights under the statute of limitations. If you miss the two-year window, your claim may be permanently barred, regardless of how strong your case is.
Claims Involving Government Entities
If your truck accident involved a government vehicle, such as a city garbage truck or a county maintenance vehicle, different rules apply. Under Texas law, you must provide formal notice of your claim within six months of the accident to preserve your right to file a lawsuit. The notice requirement makes it even more important to speak with an attorney right away if a government entity is involved.
Why Timing Matters in Truck Accident Cases
Truck accident claims are often more complex than typical car accident cases. That’s because multiple parties may be legally responsible, including:
- The truck driver
- The trucking company
- Maintenance providers
- Vehicle manufacturers
To build a strong case, your attorney needs time to investigate and gather evidence. This may include black box data, driver logs, maintenance records, and witness statements. Much of this evidence can be lost or destroyed if not preserved early.
Insurance companies may also try to delay negotiations, hoping you’ll run out the clock. While Texas law allows for tolling (pausing) the statute of limitations in rare cases—such as when the injured person is a minor or legally incapacitated—these exceptions are limited. It’s risky to rely on them.
Common Misconceptions About Filing Deadlines
Many people misunderstand how the statute of limitations works in Texas truck accident cases. Here are some common misconceptions:
- Truck accidents have longer deadlines than car accidents: False. The two-year limit applies to both.
- Filing an insurance claim stops the clock: Incorrect. Only filing a lawsuit in court preserves your rights.
- Accidents with government vehicles follow the same rules: Not true. These claims typically require you to provide written notice to the government within six months of the accident date.
Understanding these details can help you avoid costly mistakes and protect your right to compensation.
What You Should Do After a Truck Accident in Texas
If you’ve been involved in a truck accident in Texas, taking the right steps early can make a big difference in your case. Here’s what to do:
- Contact a Texas truck accident attorney immediately: An experienced lawyer can help you understand your deadlines and begin investigating your case.
- Document everything: Take photos of the accident scene, collect medical records, and get contact information for witnesses.
- Don’t delay medical treatment: Prompt care not only protects your health but also strengthens your injury claim.
- Know your legal rights: Trucking companies and insurers have teams working to protect their interests. You should have someone protecting yours.
- Watch for special circumstances: If the injured person is a minor or the accident involves a government vehicle, different rules may apply.
Acting quickly helps preserve evidence, meet legal deadlines, and avoid common pitfalls that can weaken your claim.
Protect Your Rights with a Texas Truck Accident Attorney
If you or a loved one has been injured in a truck accident in Texas, don’t wait to seek legal help. The two-year statute of limitations can pass quickly, and missing it could mean losing your right to compensation. At Hernandez Sunosky, LLP, we help clients across Texas navigate the truck accident claim process and meet every legal deadline. Contact us today for a free consultation and take the first step toward protecting your future.