If you get injured in a truck accident in Texas, it is vital to realize that you do not have an unlimited amount of time to file an accident claim. A state law known as the statute of limitations gives most claimants a maximum of two years from the date of a truck accident to file a claim. Act quickly to avoid missing your right to pursue financial compensation from an at-fault party. Make sure to consult an experienced San Antonio truck accident lawyer to help you get your claim done on time.
Two-Year Statute of Limitations for Most Truck Accident Claims
A statute of limitations is a law that imposes a maximum amount of time in which legal proceedings may be initiated after an event occurs. There are civil and criminal statutes of limitations. The civil law in Texas places a limitation period on the right to take legal action after a truck accident.
Texas’s personal injury statute of limitations is found in Texas Civil Practice and Remedies Code § 16.003:
TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
According to this law, personal injury cases, including car and truck accident claims, must be brought within two years of the date of the accident. If the victim does not discover his or her injuries immediately, the clock may not start ticking until the date of reasonable injury discovery. A San Antonio personal injury lawyer is highly experienced in working with the statute of limitations in Texas and can help you.
Are There Exceptions to the Statute of Limitations in Texas?
The courts in Texas can grant exceptions to the general statute of limitations in special circumstances. In some cases, the statute of limitations may be “tolled,” or paused and extended. In others, the statute of limitations may be significantly shortened.
Common examples include:
- Discovery rule: two years from the date the truck accident victim reasonably should have discovered an injury
- Injured minors: two years from the minor reaching the age of majority (18 years old)
- Incapacitated individuals: two years from the date the incapacitation ends
- Wrongful death: two years from the date of the victim’s death, rather than the date of the truck accident
- Government entity: municipal deadlines that are as short as 45 days if the truck was owned by a government entity
It is important to consult with an attorney as soon as possible after a truck accident in Texas to avoid missing your filing deadline. Your attorney will ensure that your claim is filed within the appropriate time window.
When to Contact a Truck Accident Attorney in Texas
It is recommended to act sooner rather than later if you wish to file a personal injury or wrongful death claim for a truck accident in Texas. Waiting too long could put you at risk of losing the opportunity to seek financial compensation forever by missing your statute of limitations. In addition, acting quickly could bolster your case by allowing you to gather strong evidence.
If you wait to file a claim, certain types of evidence may be lost, destroyed or no longer accurate, such as eyewitness accounts or the truck’s black box information. Taking prompt legal action is the best way to protect your legal rights and hold someone responsible for a commercial truck accident in Texas. Contact a truck accident attorney without delay to discuss your case.