Time Limits for Filing Truck Accident Claims in Texas

Texas law sets strict deadlines for filing truck accidentclaims, and missing those deadlines can permanently destroy your right to compensation — no matter how serious your injuries or how clear the other party’s fault. Understanding the various time limits, notice requirements, and evidence preservation deadlines that apply to commercial vehicle cases is essential for protecting your legal rights. More about our Truck and 18-Wheeler Accident Lawyers in San Antonio here.

The Two-Year Statute of Limitations

Texas Civil Practice and Remedies Code Section 16.003 establishes a two-year statute of limitations for personal injury claims arising from truck accidents. The clock starts running on the date of the accident, not when you finish medical treatment, not when you hire an attorney, and not when you finish dealing with insurance. Two years from the crash date — that is your hard deadline for filing suit.

This limitation applies to claims against truck drivers, motor carriers, and every other party whose negligence contributed to the accident. Missing the deadline results in permanent loss of your right to sue, regardless of how strong your case is. Courts enforce this deadline strictly. Our Location Page

A few practical details matter here. The two-year period includes weekends and holidays. When the deadline falls on a weekend or holiday, it extends to the next business day. Filing means actually submitting the lawsuit to the court — preparing documents or engaging in settlement negotiations does not stop the clock. Defendants must also be properly served with lawsuit documents within specific timeframes after filing, and failure to achieve proper service can result in dismissal despite a timely filing.

The Discovery Rule — When the Clock Starts Later

Texas law recognizes that some injuries are not immediately apparent, and the discovery rule can extend the limitation period in those situations. If an accident victim did not know and could not reasonably have known about their injury or its connection to the truck accident, the two-year period may not begin until the injury is discovered — or reasonably should have been discovered.

This most commonly applies to traumatic brain injuries, spinal cord damage, and other injuries whose full severity is not apparent immediately after a crash. It also applies when a victim knows they are injured but does not immediately understand that the truck accident caused or aggravated the condition. Victims must show they exercised reasonable diligence in seeking medical care and investigating their injuries — passively ignoring obvious symptoms will not support a discovery rule argument. Expert medical testimony is often necessary to establish when a particular injury should have been discovered.

Wrongful Death Claims

When a truck accident results in a fatality, the two-year statute of limitations for wrongful death claims begins running from the date of death — not the date of the accident. This distinction matters in cases where a victim survives for days, weeks, or longer before succumbing to their injuries. Eligible beneficiaries under Texas law include the surviving spouse, children, and parents of the deceased. Survival actions — claims for pain and suffering the victim experienced before death — may face different limitation periods and should be evaluated separately by an attorney.

Government Entity Notice Requirements

When a truck accident involves a government vehicle or is caused in part by a dangerous roadway condition maintained by a government entity, special rules apply. The Texas Tort Claims Act requires that government entities receive written notice of a claim within six months of the accident — well before the two-year filing deadline. The notice must include specific details about the accident, injuries, and damages. Inadequate notice can result in complete dismissal of the claim. Some local governments impose even shorter notice windows — 30 or 60 days in some municipalities. If a government entity may be involved in your case, identifying that involvement and sending proper notice immediately is critical.

Evidence Preservation — Act Immediately

In commercial truck accident cases, deadlines extend beyond the courthouse. Federal regulations require that electronic logging device (ELD) data — which records hours of service, driving patterns, and GPS location — be preserved. This data can be overwritten or destroyed within months if a formal preservation demand is not sent promptly. Maintenance records and driver qualification files also have limited retention requirements under federal regulations, with some records kept for as little as one year. Physical evidence from the truck itself must be documented and preserved before repairs are made.

Witness memories fade and witnesses become harder to locate over time. Getting statements early is essential. An experienced truck accident attorney will send preservation letters to the carrier and its insurer within days of being retained, protecting the evidence that will be most critical to proving your case.

Insurance Notification Requirements

Commercial trucking insurance policies typically require that accidents be reported “as soon as practicable.” Delayed notification to the carrier’s insurer can result in coverage denials or reduced settlement authority. When you retain an attorney, they will handle insurer notification, manage any reservation of rights letters that demand additional information, and ensure litigation notices are sent when a lawsuit is filed. These procedural requirements are easy to miss without experienced legal counsel — and the consequences of missing them can be severe.

Why You Should Contact an Attorney Today

Truck accident cases involve overlapping deadlines that require simultaneous management — the two-year filing deadline, evidence preservation windows that close in weeks or months, government notice requirements that may expire in six months or less, and insurance notification obligations. None of these can be addressed retroactively once they pass.

The earlier an experienced truck accident attorney gets involved, the better. Evidence is preserved, witnesses are contacted while memories are fresh, all potentially liable parties are identified, and the case is developed from a position of maximum strength. If you or a family member has been hurt in a commercial truck accident in Texas, contact our attorneys today for a free consultation.

This information is provided for educational purposes and does not constitute legal advice. Every case is unique, and specific circumstances may affect potential outcomes. Consult with a qualified San Antonio truck accident attorney to discuss your individual situation.