Time is Limited to File Your Claim

Texas law generally gives you two years from the date of your truck accident to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). If you miss this deadline, you will generally lose your right to pursue compensation in court, regardless of how strong your case is.

A few situations can change this timeline:

  • If the injured person was under 18 at the time of the crash, the two-year clock generally does not start running until they turn 18 (Tex. Civ. Prac. & Rem. Code § 16.001).
  • If a government vehicle or entity was involved, much shorter notice deadlines, sometimes as little as six months, may apply.
  • If the at-fault driver leaves Texas after the accident, the time they spend out of state may not count toward the two-year limit.

Trucking companies and their insurers know these deadlines, and some slow-walk negotiations hoping you'll run out of time. Key evidence, such as electronic logging device data, can also be lost within days if it isn't preserved quickly. Speaking with a lawyer early helps protect both your evidence and your right to file, even if you're not ready to make a decision about your case.  Don't wait. Schedule your free case evaluation with Ryan Orsatti Law today.