How Long Do You Have to File a Truck Accident Claim in Texas?
Two years to file suit, with narrow exceptions. But the deadline that decides most truck cases is not the limitations period at all, it is how quickly the carrier's records are put beyond destruction.
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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 on a personal injury claim.
Filing means commencing a lawsuit in court. It does not mean notifying the carrier, opening a claim or exchanging correspondence with an adjuster. People regularly assume an active claim protects the deadline, and no insurer is obliged to correct them.
Wrongful death runs from the death
Where someone dies, the wrongful death and survival claims run two years from the date of death. Where death follows a period in intensive care, that is a different date from the collision.
The distinction matters most in exactly the cases where a family is least able to attend to it, and it is worth confirming rather than assuming.
Negotiation does not stop the clock
A carrier's insurer can negotiate in good faith until the limitations date passes and then decline to settle. At that point the claim is worth nothing, and nothing improper has occurred.
This is why suit is often filed while negotiation continues. Filing preserves the right and commits nobody to a trial; most filed cases still resolve by agreement.
Governmental units have far shorter deadlines
Where a municipal or state vehicle was involved, or a road defect contributed, the Texas Tort Claims Act applies. It requires formal written notice within six months, and many cities impose shorter periods by charter, some as short as ninety days.
Miss the notice and the claim is barred regardless of how clear the liability was. These claims are lost on notice more often than on the facts.
The deadline that actually decides truck cases
Limitations is the outside edge. The operative deadline is evidence retention. Some carrier records are subject to retention periods measured in months, and electronic control module data can be overwritten once the vehicle returns to service.
A preservation demand sent in the first days is what stops routine destruction. A claimant who waits eighteen months has technically preserved the limitations period and practically lost the case.
Where the period is extended
A claimant who was a minor generally has until two years after turning eighteen, and legal incapacity can toll the period.
Narrow circumstances involving a defendant's absence from the state or concealment can affect the calculation. These are exceptions argued on specific facts, not a safety net.
Summary
| Item | Deadline | Runs from |
|---|---|---|
| Personal injury suit | 2 years | Date of the collision |
| Wrongful death and survival | 2 years | Date of death |
| Claim against a governmental unit | Formal notice in months, sometimes 90 days | Date of the incident |
| Claimant was a minor | Generally 2 years from turning 18 | 18th birthday |
| Carrier record retention | Months for some categories | Date of the record |
| Onboard electronic data | Can be overwritten in service | 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. Filing means starting a lawsuit in court, not opening a claim with the carrier's insurer.
No. An insurer can negotiate until the limitations date passes and then decline. Nothing about an open claim pauses the statutory period.
Much shorter. 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.
In practice yes. Carrier records have short retention periods and onboard data can be overwritten once the truck is back in service, so a preservation demand in the first days often matters more than the limitations date.
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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