Being involved in a truck crash brings enough stress without having to quickly master complex legal processes impacting injury compensation. Yet Texas statute of limitations laws impose strict deadlines for starting truck accident lawsuits after wrecks with commercial motor vehicles.
The statute of limitations in Texas is two years from the date of the truck accident. This limitation extends to property damage resulting from the accident.
If you’re a Texas truck accident victim or a family member of the victim, contact Cesar Ornelas Injury Law, for advice regarding critical filing periods.
Why Statutes of Limitations Matter
These state laws dictate specific windows when civil legal action must begin following harmful incidents like truck crashes. The deadlines encourage prompt dispute resolution and help defendants fairly prepare responses while evidence remains fresh.
Waiting beyond the coded time after an accident generally forfeits a victim’s right to sue entirely. So determining precise truck accident claims and lawsuit start dates under Texas statutes of limitations prevents losing compensation rights.
Truck Crash Injury Claim Filing Period
According to Texas Civil Practice and Remedies Code Sec. 16.003, injury claims related to truck wrecks must start within two years of the accident date. This means submitting the initial required forms to open a case or filing an actual lawsuit petition before the two-year mark.
For truck crashes involving wrongful death of family members, Title 4 of the Texas Civil Practice and Remedies Code imposes a two-year deadline from the date of passing to take legal action against negligent parties.
These strict filing periods underline consulting with a Texas truck accident attorney promptly if you were harmed by a commercial truck collision. Delaying past legal deadlines can destroy any recovery chances.
Talk to your accident lawyer even when you think that the statute of limitations has passed your truck accident claim.
You can file a claim on behalf of the person who was killed in a truck accident. This is a wrongful death lawsuit. While the wrongful death lawsuit has the same 2-year limitation, it does not begin on the date of the accident. The countdown begins at the time of the victim’s death.
Texas Statutes of Limitations for Truck Accidents Involving Government Workers
However, the deadlines change if a truck accident involves a driver working for a Texas government agency. Texas Civil Practice & Remedies Code Sec. 101.106 establishes a shortened period of only six months from the incident date to provide notice of a claim. Any formal lawsuit must be filed within 18 months under Texas Tort Claims Act provisions.
This filing process can also be longer because it requires submission of the injury claim to the Texas government department the defendant was working for when they caused the accident.
Contact Cesar Ornelas Injury Law About Your Texas Truck Accident Case
Has a trucking crash caused injuries for you or a family member in El Paso, San Antonio, or elsewhere statewide? Cesar Ornelas Injury Law personal injury attorney can help you explore your legal options. Contact us today for a free, no-obligation consultation.
Originally from Kyle, Texas, Mr. Ornelas is a first-generation college graduate and a first-generation attorney.
Licensed in Texas, Cesar Ornelas’s nationwide practice is entirely contingency fee-based and consists of a wide variety of catastrophic personal injury and death cases. He has represented countless victims of catastrophic accidents across the United States.