Texas Car Accident Claims: Don’t Miss the Deadline! Statute of Limitations Explained (2025)

Did you know that in 2022, there was one crash every 57 seconds in Texas? If you’ve been involved in a car accident in Texas, understanding the legal deadlines for filing a claim is crucial. Missing the deadline could mean losing your right to compensation for your injuries and damages. This blog post will explain the Texas statute of limitations for car accident claims, potential exceptions, and steps you can take to protect your rights.

What is the Statute of Limitations?

The statute of limitations is a law that sets a time limit for filing a lawsuit. In Texas, the general statute of limitations for personal injury cases, including car accidents, is two years from the date of the accident. This means that you must file a lawsuit against the at-fault party within two years of the date the accident occurred. If you fail to do so, you may lose your right to sue for damages.

Texas Civil Practice and Remedies Code § 16.003(a) states that a person must bring suit for personal injury no later than two years after the day the cause of action accrues. The purpose of this deadline is to ensure cases brought to court have fresh evidence and reliable witnesses.

Why is the Statute of Limitations Important?

Statutes of limitations serve several important purposes in the legal system:

Preservation of Evidence: Over time, evidence can deteriorate, be lost, or become less reliable. Witnesses’ memories may fade, and physical evidence may be destroyed or altered. By requiring cases to be filed within a certain timeframe, statutes of limitations help ensure that evidence is still fresh and available.
Fairness to Defendants: It’s considered unfair to subject individuals or entities to the threat of a lawsuit indefinitely. Statutes of limitations provide a degree of certainty and allow people to move on with their lives.
Judicial Efficiency: Imposing time limits helps manage the court’s caseload and prevents cases from lingering indefinitely.

Exceptions to the Statute of Limitations

While the two-year statute of limitations applies to most car accident cases in Texas, there are some exceptions that could extend or modify the deadline:

Minors: If the injured person was under 18 years old at the time of the accident, the two-year period begins when the minor turns 18.
Mental Incapacity: If the injured person was of unsound mind or mentally incompetent at the time of the accident, the statute of limitations may be tolled (paused) until the individual regains mental capacity.
Defendant Leaves Texas: If the at-fault party leaves Texas before a lawsuit is filed, the statute of limitations is suspended until they return to the state.
Discovery Rule: In some cases, injuries from a car accident may not be immediately apparent. Texas law accommodates such situations with the “discovery rule,” which allows the statute of limitations to begin from the date the injury was discovered or reasonably should have been discovered. This is particularly relevant for injuries that develop or are diagnosed well after the accident.
Claims Against the Government: If your claim is against a governmental entity, you must file a notice of claim within six months of the incident. The actual lawsuit must still be filed within two years. Note that some local governments may have even shorter notice periods.

What if You Miss the Deadline?

If you miss the statute of limitations deadline, you will likely lose your legal right to file a claim and recover compensation for your injuries and damages. However, there may be limited remedies or legal strategies available in certain circumstances:

Equitable Tolling: In rare cases, the court may extend the deadline through equitable tolling if it determines that extraordinary circumstances prevented you from filing on time.
Discovery Rule: As previously mentioned, the discovery rule may extend the deadline if injuries were not immediately apparent.

Steps to Take After a Car Accident to Protect Your Claim

To protect your right to file a car accident claim in Texas, it’s important to take the following steps:

Seek Medical Attention: Get prompt medical care, even if you don’t think you’re seriously injured. Some injuries may not be immediately apparent, and a medical professional can properly diagnose and treat any conditions.
Gather Information: Exchange information with the other driver, including names, contact information, insurance details, and driver’s license numbers. Also, collect contact information from any witnesses at the scene.
Document the Scene: Take photos and videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries.
Report the Accident: Notify law enforcement and your insurance company as soon as possible. Provide them with accurate and factual information about the accident, but avoid admitting fault.
Consult with a Car Accident Lawyer: Contact a qualified Texas car accident lawyer as soon as possible to discuss your case and understand your legal options. An attorney can help you navigate the claims process, protect your rights, and ensure you meet all necessary deadlines.
File a Claim: File a claim with the at-fault driver’s insurance company. Your attorney can help you prepare and submit the necessary documentation to support your claim.
Negotiate a Settlement: Work with your attorney to negotiate a fair settlement with the insurance company. Be prepared to provide evidence of your injuries, medical expenses, lost wages, and other damages.
File a Lawsuit: If a fair settlement cannot be reached, your attorney can file a lawsuit on your behalf to protect your right to seek compensation in court.

How a Car Accident Lawyer Can Help

A car accident lawyer can provide valuable assistance throughout the claims process, including:

Investigating the accident and gathering evidence to support your claim
Determining liability and identifying all responsible parties
Negotiating with insurance companies to reach a fair settlement
Filing a lawsuit and representing you in court, if necessary
Ensuring you meet all deadlines and comply with legal requirements

Don’t Delay, Contact a Texas Car Accident Lawyer Today!

If you’ve been injured in a car accident in Texas, don’t wait to take action. Contact a qualified car accident lawyer as soon as possible to protect your rights and ensure you receive the compensation you deserve. Missing the statute of limitations deadline could cost you everything. Reach out for a free consultation and take the first step towards securing your future.