How Long Do You Have to File a Pedestrian Accident Claim in Texas?
Two years for a negligence claim. Much less where a city or county may share responsibility, which in pedestrian cases is more often than people expect.
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Two years from the collision
Section 16.003 of the Texas Civil Practice and Remedies Code gives two years from the date of the collision to file suit, and wrongful death runs two years from the date of death.
Filing means commencing a lawsuit. Reporting to police, opening a claim or negotiating with an adjuster does none of it, and no insurer is obliged to warn you the period is running out.
Governmental units, and why they come up so often here
Pedestrian collisions frequently involve a signal that failed, lighting that was inadequate, a crossing badly placed, faded markings or a sidewalk closure that forced people into traffic. Each points at a governmental unit.
The Texas Tort Claims Act requires formal written notice within six months, and many cities impose shorter periods by charter, some as short as ninety days. Miss it and that part of the claim is gone regardless of merit.
Uninsured motorist claims run on the policy, not the statute
Where the driver was uninsured or is never identified, the claim is against the pedestrian's own insurer under UM coverage. That is a contract claim with its own notice conditions, which can be much shorter than two years.
Underinsured motorist claims typically require the insurer's consent before settling with the at-fault driver. Settling first without consent can forfeit the coverage entirely, and it is one of the more common unforced errors.
Minors
A claimant who was a minor generally has until two years after turning eighteen for their own negligence claim. Children are heavily represented in pedestrian collisions, so this arises often.
The Tort Claims Act notice deadline is not extended in the same way. Where a road authority may share responsibility, notice still has to be served within months.
The evidence deadline, which is measured in days
Signal timing data, camera footage from businesses and homes, and vehicle event data are the material that answers the comparative responsibility argument, and all of it perishes quickly.
Lighting and sight line conditions have to be documented at the same time of day and season to mean anything, which is a window rather than a deadline but it closes all the same.
Hit and run
Where the driver is never identified, the practical deadline is whatever the UM policy specifies for notice, and it is usually prompt.
A police report should be made regardless, because most UM provisions require the incident to have been reported to law enforcement within a defined period.
Summary
| Item | Period | Runs from |
|---|---|---|
| Personal injury suit | 2 years | Date of the collision |
| Wrongful death | 2 years | Date of death |
| Governmental unit | Formal notice within months | Date of the incident |
| UM or UIM claim | Policy notice conditions | Often much shorter |
| UIM consent to settle | Before settling with the driver | Settling first can forfeit it |
| Claimant was a minor | Generally 2 years from turning 18 | 18th birthday |
| Camera footage | Days | Immediately |
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Frequently asked questions
Two years from the collision for a personal injury claim, and two years from the date of death for wrongful death. Negotiating with an insurer does not pause the period.
Then a governmental unit may share responsibility, and the Texas Tort Claims Act requires formal written notice within six months, with many cities imposing shorter periods by charter. Missing notice bars that part of the claim.
In practice yes. The claim runs against your own uninsured motorist coverage, which is a contract claim with its own notice conditions, and most UM provisions also require the incident to have been reported to police within a defined period.
Generally, until two years after turning eighteen for their own negligence claim. But the Tort Claims Act notice deadline is not extended, so where a road authority may be responsible notice is still due within months.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
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