Once you’ve been injured in a truck accident in Texas, you’ll generally have two years from the date of the crash to file a personal injury lawsuit for damages. However, there can be exceptions. If you miss the filing deadline, you lose the right to demand compensation from a third party.
Working with an experienced Austin truck accident lawyer at Dow Law Firm can help to ensure you protect your rights and have the opportunity to get the money you need to recover from your truck accident injuries.
What’s the Statute of Limitations for Most Truck Accident Lawsuits in Texas?
Texas Civil Practice and Remedies Code Section 16.003 establishes a two-year statute of limitations for most truck accident cases.
This gives you until the second anniversary of the date of your commercial truck accident to file a lawsuit against a:
- Negligent truck driver
- Trucking company
- Freight broker
- Truck manufacturer
- Negligent third-party motorist
- Negligent party’s employer
- Property owner
- Truck mechanic, or
- Other parties whose negligent or wrongful actions contributed to your truck accident.
The statute of limitations helps to ensure that claims are brought promptly, thereby utilizing the strongest evidence and preventing the threat of litigation from being drawn out for years after a crash. An experienced truck accident attorney can help you manage these timelines and ensure all necessary paperwork is filed before the window closes.
Are There Any Exceptions to the Statute of Limitations for Truck Accident Cases in Texas?
Yes, there are times when the statute of limitations will be different, or when the statute of limitations might be tolled.
Tolling refers to pausing the statute of limitations until a claim can be lawfully made. The statute of limitations can be tolled if a minor is injured in a Texas truck accident or if the at-fault party is out of state and can’t be served. The statute of limitations begins to run once the tolling factor is no longer an issue.
The statute of limitations may differ if your Texas truck accident involves a government-operated vehicle. In these situations, your claim would be against the government, which means it would be subject to the Texas Tort Claims Act.
Claims involving the government are subject to accelerated notice and filing requirements, which means you’ll have considerably less than two years to begin your pursuit of compensation. If this applies to your situation, a truck accident lawyer will help you identify the government entity so you don’t miss these shorter deadlines.
In Texas, you have six months to provide notice of your claim and must generally file the claim with the government agency from whom you’re seeking damages.
How Long Should I Wait Before Filing a Texas Truck Accident Claim?
It depends. It’s important to have a general sense of the injuries and damages you’ve suffered, which can take time. However, you should not hesitate to contact an experienced Austin personal injury lawyer to discuss your situation and get a jump start on the litigation process.
The sooner you begin the process, the less time the trucking company will have to control the narrative, get rid of evidence, and develop a defense. The sooner our truck accident attorneys can investigate, gather evidence, and consult experts, the better the odds of helping you achieve a positive outcome when you file your claim.
If you have questions about your truck accident case and potential filing deadlines, don’t hesitate to contact our Austin truck accident lawyers at (512) 240-9951 for a free consultation. Members of our team are here to help 24 hours a day, 7 days a week.