How Long Do You Have to File a Truck Accident Claim in Texas?
You’re merging onto I-30 near downtown Dallas when a semi-truck suddenly veers into your lane.
The impact flips your car, and the next thing you remember is waking up in the ER.
In the middle of the chaos—pain, missed work, medical bills—a question starts to weigh heavily on your mind.
Am I running out of time?
In Texas, that clock starts ticking fast. The truck accident statute of limitations gives you just two years to take action.
Miss this legal deadline, and the door to justice may slam shut—no matter how severe your injuries are.
Key Takeaways
- 2 years is the truck accident statute of limitations in Texas—starting the day of the crash.
- Exceptions exist for minors, incapacitated individuals, and cases involving government vehicles.
- Miss the deadline, and courts may throw out your claim—no extensions, no second chances.
Understanding Texas Truck Accident Statute of Limitations
Under the Texas Civil Practice & Remedies Code § 16.003, the law allows two years from the date of the truck crash to file a personal injury lawsuit.
That means if you were hit by a commercial truck on April 14, 2023, your filing deadline is April 14, 2025.
This timeline applies to:
- Personal injury claims (for your physical injuries and pain)
- Property damage (like your totaled car)
- Wrongful death (from the date the person died—not the date of the crash)
Example: If someone’s spouse passes away in a Fort Worth crash weeks after the incident, the two-year timer starts from the date of death, not the accident.
Why Texas Sets a 2-Year Limit for Truck Accident Lawsuits
Legal deadlines—called statutes of limitations—exist to keep the system fair. Memories fade, evidence disappears, and trucking companies won’t sit idle.
The law expects personal injury claimants to move quickly so cases are based on solid facts, not fuzzy recollections.
Letting years pass could mean:
- Trucking logs are destroyed
- Surveillance footage is erased
- Medical records become harder to access
- Witnesses forget critical details
That’s why time isn’t just money—it’s justice.
When the Clock Pauses: Legal Exceptions to Know
Some situations delay or extend the 2-year deadline. These are narrow but crucial:
Injury Involving a Minor
If a child is injured in a car crash—say, riding in the backseat when an 18-wheeler rear-ends the family car on LBJ—the clock doesn’t start until their 18th birthday.
So a 12-year-old would have until age 20 to file.
Mental Incapacity
If the injured person is mentally incapacitated (e.g., in a coma or diagnosed with cognitive impairments after the crash), the statute of limitations is paused until they’re legally competent to make decisions.
Delayed Discovery of Injury
Some truck accident injuries don’t show up right away.
A brain bleed or spinal cord damage might not be fully diagnosed until weeks—or even months—later.
Texas law allows the “discovery rule” to apply in rare cases where it’s clear the injury couldn’t have been discovered earlier, despite medical attention.
Government Vehicle Crashes
If you were hit by a garbage truck owned by the City of Dallas or a Texas Department of Transportation vehicle, you must file a notice of claim within 6 months—a step required before filing any lawsuit.
That’s 180 days, not two years. Miss this notice, and your case could be thrown out before it ever starts.
What Happens If You Miss the Deadline?
The two-year limit is strict. If you miss it, the court may dismiss your case outright—even if the facts are on your side.
Here’s what that looks like in reality:
- You lose leverage with insurers—no threat of a lawsuit means no incentive to settle.
- The case is dead in court—judges rarely allow late filings.
- You pay the price, emotionally and financially, with no legal recourse.
There are rare exceptions involving fraud, concealment, or legal error—but courts set a high bar.
Don’t bank on getting a second chance.
FAQ: Legal Time Limits After a Truck Accident
How long do I have to file?
If you’re wondering how long you have to file after a car crash or truck accident, Texas law gives you two years from the accident date to file a personal injury claim.
This statute of limitations applies whether you were hit by a passenger car, commercial truck, or any other vehicle.
What if I’m filing for a family member who died?
If you’re asking what if you’re filing for a family member who died in a car crash or truck accident, you have two years from their date of death to file a wrongful death claim, not from the accident date itself.
This distinction can be crucial in cases where your loved one survived for days or weeks after a severe truck collision.
Does it change if I didn’t know I was injured?
If you’re concerned about whether the timeline changes if you didn’t know you were injured right away, the answer is possibly yes.
If your injury from the car accident or truck crash wasn’t immediately discoverable, the two-year timeline may start when you’re diagnosed rather than when the accident occurred.
This “discovery rule” often applies in cases involving internal injuries or delayed symptoms common in truck accidents.
What if a government vehicle hit me?
If you’re wondering what happens if a government vehicle hit you, the rules are stricter.
You must file a formal notice within 6 months of the accident, whether it was a city bus, police car, or government truck.
After filing that notice, you still get the standard two years to file your lawsuit.
Can I file if the at-fault driver left Texas?
If you’re asking whether you can file if the at-fault driver left Texas after hitting you, the answer is you might still have options.
Special tolling rules can apply in some out-of-state cases, particularly with commercial truck drivers who may have left the state.
You need an experienced lawyer to review the specific facts of your case and determine if these exceptions apply.
Why Timing Is Everything—And What To Do Now
You don’t need to figure this all out alone.
Trucking companies have legal teams ready the moment an accident happens.
You deserve the same advantage—especially if you’re dealing with pain, unpaid bills, or pushback from insurers.
At Angel Reyes & Associates, we’ve guided Texans through some of their darkest moments after crashes on roads like I-20, US-75, and the George Bush Turnpike.
For over 30 years, we’ve fought the legal deadlines and protected the right to be heard in court.
No pressure. No upfront costs. Just answers and action—fast.
