Texas Truck Accident Claim Deadlines: How Long Do You Have to File?

In the event of a truck accident in Texas, knowing the deadlines for filing a claim is crucial. Missing a deadline could cost you the right to seek compensation for medical bills, lost wages, property damage, and pain and suffering.

Victims often ask, “How long do I have to file an accident claim?” or “How long after an accident can I file a claim?“

This guide breaks down the time limits for truck accident claims in Texas, explains how lawsuits work, and answers common questions.

How Long Do You Have to File a Truck Accident Claim in Texas?

In Texas, seeking compensation after a truck accident must be done within strict deadlines known as the statute of limitations.

The statute of limitations for personal injury cases, including truck accident claims, is two years from that date of the accident. This means you generally have two years to file an injury claim in court if you want to pursue compensation.

For wrongful death litigations, the statute of limitations is also two years. However, the countdown starts from the date of the victim’s death, not the date of the accident. These deadlines, as stated in the Texas Civil Practice and Remedies Code, are strict and typically enforced unless a legal exception applies.

Failing to file within this window can result in your case being dismissed, no matter how strong your evidence may be.

While pursuing an 18-wheeler accident settlement, it is essential to note that balancing the timing of your case is critical. You have the right to seek compensation for damages you’ve sustained during the accident. The issue of timing, however, is intricate. A balance should be struck between filing your claim as soon as possible and allowing ample time for doctors to uncover all of your injuries and potential long-term risks fully.

The foremost concern in this situation is making sure that all of your potential medical complications are known. Settling an accident claim means forfeiting the right to seek further damages. As such, you want to have a relatively high level of confidence that every single factor you need to pursue compensation for has been tallied.

At the same time, the statute of limitations may be working against you.

Most Texas truck accident lawyers will tell you that you should never file a claim any sooner than it takes to assess the compensation that you’re due fully.

Exceptions to the Texas Statute of Limitations

While most cases must be filed within two years, Texas law recognises several exceptions that can extend or pause (toll) the statute of limitations:

1. Discovery Rule: In special cases where an injury or its cause isn’t immediately apparent, the deadline may begin when the injury was or should have been discovered.
2. Minors: For children injured in truck accidents, the clock doesn’t start until they turn 18. They have until their 20th birthday to file a case.
3. Mental Incapacity: If the affected party is mentally incapacitated as a result of the accident, the statute is tolled until they regain capacity or a guardian is appointed.
4. Defendant Avoidance: If the defendant purposefully hides their responsibility or leaves the state to avoid being served, the statute may be paused until they can be located.
5. Fraudulent Concealment: If the responsible party actively conceals their involvement, such as hiding evidence or falsifying records, the time limit may be extended until the deception is uncovered.
6. Government Claims: Claims against a Texas governmental entity often require notice of claim within six months and have other special rules.

How Long Do I Have to File an Insurance Claim?

Insurance deadlines are different from lawsuit deadlines. Most insurance firms require you to report the accident as soon as possible, sometimes within 24–72 hours. Victims often wonder:

1. How long do I have to report an insurance claim?
2. How long do I have to file an insurance claim?

The answer depends on the insurance company’s policies. To protect your rights, you should notify your insurer immediately after a Texas truck accident, even if you are unsure about the extent of injuries or damages.

If you are only dealing with insurance, the timeframe is much shorter than the legal statute of limitations. For personal injury lawsuits, you have two years, but for insurance, the sooner you report, the better.

Insurance companies may deny claims reported after an unreasonable delay, even if you are still within the two-year lawsuit deadline.

Do You Have to File a Claim After an Accident?

Legally, you are not always obliged to file an insurance claim after every accident. However, with truck accident claims, the damages are often considerable, involving serious injuries or property damage. In such cases, submitting a claim is typically essential to recover compensation.

How Long Does a Truck Accident Lawsuit Take?

Many victims also ask, “How long does a truck accident lawsuit take?” The answer varies. Some truck accident claims may settle within a few months when fault is clear, but others can take a year or longer if they proceed to trial. The timeline often depends on the complexity of the case. More complicated truck accident lawsuits usually involve:

1. Multiple parties, such as the truck driver, trucking firm, and insurance providers.
2. Both federal and Texas state trucking regulations.
3. Disputes over who was at fault and how much compensation is owed.

Because of this, having an experienced Texas truck accident lawyer is critical to speeding up the process and maximising your settlement.

Why Deadlines Matter in Texas Truck Accident Claims

Knowing how long you have to lodge an injury claim or report an insurance claim is more than just a matter of paperwork; it directly impacts your right to compensation. Missing deadlines allows insurance companies and parties at fault to deny you the justice you deserve easily. Delays can also result in lost or deteriorating evidence, faded witness memories, and a weaker claim overall.

Conclusion

When you’ve been in a truck accident in Texas, act quickly. Contact your insurer without delay, gather evidence, and speak to a board-certified personal injury attorney as soon as possible.

Remember:

1. Insurance claims should be reported right away.
2. Lawsuits must be filed within two years of the accident.

By taking action before the deadlines expire, you safeguard your right to fair compensation for your injuries and losses.

FAQs About Texas Truck Accident Claims

Paul Gwajime

Certified tech nerd 🤓 always digging into gadgets to see what makes them tick.

When I’m not geeking out, I’m either exploring the legal landscape, lifting weights 🏋🏾‍♂️, gaming 🎮, reading 📚, or vibing with the crew 😂.

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