Texas Statute of Limitations for Car Accident Claims

What is a Statute of Limitations? 

A statute of limitations is a law that sets a specific timeframe during which a person can file legal action after an event, such as a car accident or contract breach. These deadlines vary by jurisdiction and the type of legal claim, ranging from a few months to several years.

These laws are intended to ensure fairness, promote judicial efficiency, and preserve evidence before it becomes unreliable. According to Cornell Law, initiating a lawsuit is generally no longer possible once the deadline expires. Exceptions may apply in certain cases, such as when fraud or extenuating circumstances are involved. If you do not file your claim within this time limit, you lose your opportunity to bring a claim.

What is the Statute of Limitations in Texas?

Under Texas law, individuals seeking compensation for damages caused by a car accident must file their lawsuit within two years from the date of the accident or injury. This two-year deadline applies to personal injury claims, property damage claims (like vehicle repairs), and other civil claims arising from an accident. 

Although two years might seem like ample time, securing evidence, interviewing witnesses, and building a comprehensive case take effort and time. Therefore, it is highly recommended that you contact legal counsel early to avoid missing this crucial deadline. 

Texas Civil Practice & Remedies Code 

The time limits for filing car accident claims in Texas are outlined in the Texas Civil Practice & Remedies Code Section 16.003. This section states explicitly that lawsuits for personal injury or injury leading to wrongful death must be filed within this two-year timeframe. 

If the deadline lapses, your case risks being dismissed entirely, leaving you without legal recourse to recover damages for medical expenses, lost wages, and other losses.

Importance of Timely Action 

The consequences of delaying action after a car accident can be severe. Evidence such as eyewitness accounts, surveillance footage, and accident scene details can deteriorate or disappear over time. Acting quickly helps to preserve these critical elements and strengthens your case. 

Additionally, it’s important to note that most states have a two-year statute of limitations for filing a car accident claim. Failing to file within this two-year window can result in the court dismissing your case, preventing you from seeking compensation. 

Even if you are unsure about pursuing a claim, consulting a car accident lawyer early can lay the groundwork to protect your rights.

Exceptions to the Standard Statute of Limitations 

While the two-year rule is general, there may be exceptions depending on the specific circumstances of your case. 

Minors or Legal Disabilities 

If the injured party is under 18 or legally incapacitated at the time of the accident, the standard two-year statute of limitations does not apply immediately. Instead, the two-year clock is paused, or “tolled,” until the minor turns 18 or the legal disability is resolved. This ensures that individuals who are not legally able to act on their behalf still have an opportunity to seek justice once they can do so. 

Discovery Rule 

Not every injury from a car accident is immediately apparent. Some, such as internal injury or chronic injury, will not manifest for days, weeks, or months. In the discovery rule, the statute of limitations does not begin when the accident occurred but when the injury was discovered or should have been discovered. This requirement protects victims who may not appreciate the full extent of their injuries at the time and gives them time to institute an action after the injury manifests itself.  

Claims Against Government Entities 

If the accident involves a vehicle operated by a government entity, such as a city bus or a police car, the process for filing a claim is more restrictive and requires quick action. Under the Texas Tort Claims Act, victims must file a formal notice of their claim within six months of the accident. This notice must include specific details, such as the date, time, location, facts of the incident, and the nature and extent of the injuries or damages. 

Wrongful Death 

Claims involving a loved one’s death caused by a car accident follow a slightly different timeline. According to the Texas Civil Practice & Remedies Code Section 16.003, the statute of limitations for a wrongful death claim is two years from the date of the individual’s passing rather than the date of the accident. If delays occur in filing, exceptions allow for limited extensions under sensitive circumstances.

If a loved one died in a car accident, there is a two-year statute of limitations for filing a wrongful death claim. However, unlike personal injury claims, the statute of limitations for wrongful death claims can be paused for up to one year.

Also, the cloWrongful Death Damages In Texasck on wrongful death claims does not start ticking until the person dies, which could be different from the date of the accident.

Please read: Wrongful Death Damages In Texas

Contact an Attorney 

Navigating the statute of limitations and building a strong car accident claim can feel overwhelming, especially if you juggle recovery, expenses, and insurance hurdles. At Anderson, Cummings & Drawhorn, we are here to support you in pursuing the compensation you deserve.  Call us at 817-920-9000 today to schedule a consultation. Your time to act is limited, so don’t delay.

If you lost a loved one or suffered severe injuries in a car accident in Dallas, Fort Worth or Arlington, our car accident lawyers are ready to help. Call (817) 920-9000 or fill out our Free Case Evaluation form now.

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