Getting involved in a big rig accident in Texas might be the last thing you expect to happen to you. If you find yourself dealing with physical injuries and property damage from a semi truck collision, however, it’s important to contact a Laredo truck accident attorney quickly to protect your rights. Texas has a law known as the statute of limitations that places a time limit of two years on your ability to file a related lawsuit.
What Is a Statute of Limitations?
A “statute of limitations” is a law that imposes a deadline on the ability to take legal action.
A statute of limitations is important for various reasons. It encourages timely claims filing, preventing a claimant from holding the threat of a lawsuit over the defendant’s head indefinitely. It helps keep the justice system fair and efficient for everyone.
Statutes of limitations are different from state to state and type of case. One thing that remains the same, however, is that missing the statute of limitations typically means losing the right to seek financial compensation at all. Texas takes this law seriously; the courts will generally dismiss a car accident case that is filed too late. This is why it is critical to start your claim as soon as possible.
Typical Truck Accident Deadline: Two Years
Most truck accident lawsuits in Texas must be brought within no more than two years from the date of the accident. Texas’s statute of limitations on car accident claims can be found in Texas Civil Practice and Remedies Code § 16.003:
- 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.
Note that this is the deadline for a truck accident lawsuit; a car insurance claim should be filed much sooner. Most insurance companies require claims filing within about 72 hours of the accident.
Different Statutes of Limitations in Special Cases
While two years is the applicable deadline for the majority of car accident cases in Texas, there are a few exceptions to the rule:
- Discovery rule. Some car accident injuries make delayed appearances. Delayed injury discovery will toll or pause the statute of limitations until the date that the victim discovered or reasonably should have discovered them.
- Wrongful death. Legal actions for the wrongful death of a loved one in a fatal car accident must be filed within two years of the date of the decedent’s death. This may or may not be the same as the date of the automobile accident.
- Injured minor. If a child under the age of 18 gets injured in a crash, he or she will have two years from the date of the child’s 18th birthday to file a related personal injury claim. However, parents and legal guardians are permitted to file sooner on a child’s behalf.
- Claim against the government. Personal injury claims brought against the government, such as after an accident involving a government vehicle or a dangerous public roadway, have much shorter deadlines. Texas municipalities are permitted to choose their own deadlines, which may be as short as 45 days, depending on the city.
You should always file your claim promptly, not only to ensure you are within Texas’s statute of limitations but also for stronger evidence. Over time, evidence may get lost or become less reliable. Contact an attorney without delay to get started with your Laredo accident case.