The Statute of Limitations for Car Accidents in Texas
Texans often wonder how much time they have to start a case in court after a car wreck. In Texas, a two-year statute of limitations applies to personal injury, property damage, and wrongful death claims arising from car accidents. That limit is measured from the date of harm, so filing suit after the two years has passed usually becomes impossible. The time limit serves a practical function, encouraging people to collect evidence while details are still fresh. Let’s explore how this rule works, which exceptions may apply, and what steps help protect a person’s ability to move forward.
Why Two Years?
Two years strikes a balance between immediate action and practical needs. Symptoms of an injury can take time to emerge, and many individuals need breathing room to gather the facts. Meanwhile, a shorter limit would force rushed decisions, and a longer one might lead to evidence disappearing. Texas lawmakers picked two years as a middle ground that benefits everyone involved.
Types of Claims in Texas Car Accidents
Three types of claims often surface after a car crash in Texas. Each follows the same two-year deadline:
- Personal Injury: Injuries range from broken bones to long-term complications. A claim may seek payments for medical expenses, lost wages, and other harms.
- Property Damage: Cars and personal items can be ruined or need major repairs. A person may file a property damage claim if the collision harmed a fence, mailbox, or other structures.
- Wrongful Death: When a person passes away because of a car crash, the two-year period generally begins on the date of death. Surviving family members may file suit to address the loss.
Missing the two-year cutoff can lead to dismissal of your case. That is why many attorneys advise not to wait. Negotiations with an insurance adjuster do not extend the state’s deadline.
Preserving Evidence
Anyone injured in a crash should gather documents as soon as possible. Gathering records helps build a strong foundation for a potential lawsuit. A few steps can help:
- Accident Reports: Obtain an official accident report from the appropriate law enforcement agency. It includes basic details such as names, vehicle types, and insurance carriers.
- Medical Files: Keep records of every doctor visit or hospital stay. These documents track diagnoses, treatments, and care costs, which will directly affect the compensation we can seek.
- Photographs and Videos: Capture the crash scene, visible injuries, and damage to vehicles. Evidence from security cameras or cell phones can bolster credibility.
- Witness Information: Collect phone numbers or emails from those who saw the event. Over time, people may change their contact details, so gathering them early is best.
- Repair Estimates: Preserve receipts for vehicle repairs or other property damage. These costs show the financial impact of a crash.
Exceptions and Special Situations
While the two-year limit applies in most cases, a handful of exceptions can affect when the clock starts or how long it runs. Recognizing these exceptions is important, since a person who qualifies for one might have more time to file.
Minors and Individuals Who Cannot Act on Their Own
A minor may have two years from the date of turning 18 to file, unless a parent or guardian files on the minor’s behalf sooner. Persons unable to manage their affairs for a period might also get extra time. That pause continues until the legal impairment is lifted. Once that happens, the two-year countdown restarts.
Wrongful Death Timing
In a car crash resulting in death, the two-year window starts on the date of death rather than the collision date. If someone passes away from crash-related injuries weeks or months later, the filing period begins at that point. Families sometimes need extra time to handle final arrangements. Even so, waiting too long may jeopardize the right to file.
Filing Sooner vs. Later
Some assume they have plenty of time if two years are available. In practice, that time can pass quickly, especially when recovering or dealing with administrative tasks. A person with injuries might struggle to keep track of every receipt and medical record. Witnesses might move out of state or lose interest in participating. Filing sooner can protect a person’s ability to secure key evidence and explore settlement without the looming risk of a missed deadline.
The Difference Between Filing a Claim and Filing a Lawsuit
Notifying an insurance carrier or starting an insurance claim does not freeze the clock. The two-year limit remains in place. Many cases settle through negotiation before reaching a courtroom, but some require a lawsuit to be filed. If discussions break down after the deadline, there is no leverage left. Filing before the deadline preserves the option to keep negotiating or pursue a trial. A competent and experienced Austin car accident lawyer will help you meet all required deadlines.
Practical Steps After a Crash
Certain moves can protect the right to file and strengthen a claim:
- Contact Insurers Promptly: Report the situation to relevant insurance companies. Provide accurate details, but do not rely on them to track deadlines.
- Organize Documents: Store paperwork in a safe place, labeled by date and subject. A spreadsheet or notebook that logs every health visit, car repair, or insurance call can be helpful later.
- Stay Aware of Symptoms: Some injuries do not present themselves right away. Keep notes of new pains or changes in mobility. Even if they seem minor, these details might matter if they worsen over time.
- Seek Professional Advice: A qualified attorney can confirm whether legal exceptions apply, gather evidence, and watch the clock. Many offer an initial consultation at no cost.
Impact on Evidence
The more time passes, the harder it can be to track down proof. Repair shops discard older files. Security camera footage might be deleted. Eyewitness recollections fade or become less accurate. Filing within the limit helps ensure that courts and juries receive reliable information. Late evidence collection can leave gaps. Attorneys will stress the importance of immediate action to protect details that might disappear if time drags on.
Wrongful Death Claims
When someone loses a loved one in a vehicle-related event, the law allows certain relatives to file. A spouse, child, or parent is usually the person who does so. The two-year clock starts on the date of death, but that does not negate the need for timely evidence gathering. Medical records, witness statements, and crash reports are still relevant. Waiting too long can mean missing out on statements from eyewitnesses who have moved or changed contact details.
Handling Property Damage
A car accident in Texas often affects more than just people. Vehicles might need extensive repairs. Fences, mailboxes, or other structures could also be damaged. Evidence for property damage includes repair estimates, receipts for completed work, or photos taken on the day of the crash. The same two-year window applies, even if personal injuries are minor or nonexistent. That keeps property damage cases from lingering in court for long periods.
Common Misunderstandings
People sometimes have incorrect assumptions that can hurt their case. A few examples:
- Notifying Insurance: Informing an adjuster does not reset or suspend the two-year period.
- Minor Injuries: Even a small injury or a delay in diagnosis does not change the start of the clock.
- Filing for a Minor: Parents can take action before a child reaches adulthood.
- Wrongful Death Dates: The clock begins at the date of death, not the date of the crash.
Consequences of Missing the Filing Deadline
Failing to file on time means the court usually refuses to hear the matter. Insurance companies know this rule and may refuse to negotiate after the two-year point passes. Some rely on recognized exceptions, but those are narrow. Courts rarely grant an extension unless a clear provision applies. That is why attorneys emphasize filing before the date that marks two years from the crash or, in wrongful death cases, from the date of passing.
Negotiations and Settlements
Settling before reaching the court can save time and stress, but a person should not rely on negotiations alone. If the deadline expires, there is often no incentive for an insurance carrier to pay more than a minimal amount. Filing a lawsuit preserves the option to pursue other paths if negotiation fails. Most attorneys will keep track of the date and file the formal papers if there is any risk of missing it.
Planning for Long-Term Effects
Some injuries involve ongoing care, therapy, or multiple surgeries. Medical expenses might continue for years. Filing on time, or at least preparing for that possibility, protects the right to claim future costs if negotiations fail. Settlements can be structured to cover both immediate and projected expenses, but that only works if the right to file still exists.
Court Processes and Timelines
Filing a lawsuit involves drafting legal documents, serving them on the other side, and following court schedules. The case might settle well before trial. A judge or jury might also decide the outcome if talks fail. Through each step, the two-year statute remains a key threshold. If it runs out, the court typically dismisses the claim unless a recognized exception applies. Missing the window means losing the chance to bring claims for medical bills, property damage, or loss of life.
If You’ve Been Injured in an Austin Car Accident
Recovery after a car accident is draining—bills pile up, questions go unanswered, and deadlines can feel confusing. An experienced, Austin car accident attorney can step in, review your situation, and guide you toward a plan that fits your needs. There’s no one-size-fits-all strategy, and it helps to have an ally who understands how to hold the right parties accountable and knows all various ins and outs of car accident cases, including key deadlines. Call Loewy Law Firm today at (512) 280-0800 and let us fight on your behalf so that you can focus on recovery while we seek the compensation you need to rebuild your life.