Sean McCarthy
If you or a loved one has been injured in a Houston trucking accident, you may be wondering, “How long do I have to file a truck accident claim in Texas?” Unfortunately, time is not on your side. Texas law places strict deadlines on how long you have to file a truck accident claim, and missing that deadline can permanently bar you from recovering compensation, no matter how serious your injuries are.
Understanding the statute of limitations, the exceptions that may apply, and why truck accident cases require fast legal action is critical. Speaking with an experienced Houston trucking accident lawyer early can make the difference between a successful claim and losing your rights altogether.
Texas Truck Accident Statute of Limitations
In most cases, Texas law gives you two years from the date of the accident to file a personal injury lawsuit related to a truck crash.
This two-year deadline applies to claims involving:
- 18-wheelers and commercial trucks
- Delivery trucks
- Company vehicles
- Oilfield and industrial trucks
- Out-of-state trucking companies operating in Texas
If the accident resulted in a fatality, the wrongful death statute of limitations is also two years, starting from the date of death.
Failing to file within this timeframe almost always means your case will be dismissed, regardless of fault.
Why Truck Accident Claims Are Different Than Car Accidents
While the deadline may be the same, truck accident cases are far more complex than standard car crashes.
These cases often involve:
- Multiple liable parties (driver, trucking company, broker, shipper, maintenance provider)
- Federal Motor Carrier Safety Administration (FMCSA) regulations
- Commercial insurance policies with higher limits
- Critical evidence that can disappear quickly
Trucking companies and insurers often begin defending the case within hours of a crash. Waiting too long can severely weaken your claim, even if you are still within the two-year deadline.
Important Exceptions That Can Affect the Deadline
Certain circumstances can shorten or extend the time you have to file a claim. A trucking accident lawyer can evaluate whether an exception applies, but common ones include:
Claims Against Government Entities
If a government vehicle or agency is involved, you may be required to provide formal notice within as little as 6 months, sometimes less.
Injured Minors
If the injured person is under 18, the statute of limitations may be paused until they reach adulthood.
Discovery Rule (Limited Application)
In rare cases where injuries or causes are not immediately discoverable, the deadline may begin when the injury was reasonably discovered, rather than on the accident date.
These exceptions are narrow and aggressively challenged by insurers, making early legal guidance essential.
Why Acting Early Strengthens Your Trucking Accident Claim
Even though you technically may have two years, waiting is risky. Key evidence in trucking cases can be lost or destroyed, including:
- Driver logbooks and electronic logging device (ELD) data
- Truck maintenance and inspection records
- Dashcam or surveillance footage
- Black box (ECM) data
- Witness statements
Trucking companies are only required to keep certain records for a limited time. An experienced trucking accident lawyer can immediately send spoliation letters to preserve evidence before it disappears.
What Compensation May Be Available?
If you file within the deadline and establish liability, you may be able to recover compensation for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Wrongful death damages for surviving family members
Because commercial policies often carry higher insurance limits, trucking accident claims can involve significant compensation. However, insurers will fight hard to reduce or deny payouts.
Why You Should Contact a Trucking Accident Lawyer Now
Truck accident cases are not just bigger car accident cases; they require a legal team that understands:
- Federal trucking regulations
- Complex liability chains
- High-stakes negotiations with corporate insurers
- Aggressive defense tactics used by trucking companies
The sooner a lawyer gets involved, the stronger your case will be.
Frequently Asked Questions About Truck Accident Claims in Texas
How long do I have to file a truck accident claim in Texas?
In most cases, you have two years from the date of the accident to file a lawsuit. Missing this deadline can permanently bar your claim.
Does the deadline change if the accident involved an 18-wheeler or commercial truck?
The deadline is generally the same, but truck accident cases involve complex evidence and multiple defendants, making it critical to act quickly, often well before the two-year mark.
Should I contact a trucking accident lawyer before speaking to the insurance company?
Yes. Trucking insurers are trained to minimize payouts. Speaking with a lawyer first helps protect your rights and prevents costly mistakes.
Protect Your Rights – Contact Us Today
Do not wait until it’s too late to file a truck accident claim in Texas. If you or a loved one was injured in a Houston trucking accident, the clock is already ticking.
At Williams Hart & Boundas, our attorneys have decades of experience holding trucking companies accountable for catastrophic injuries and wrongful death. We know how to move fast, preserve evidence, and fight powerful insurers.
Call today for a free, confidential consultation. Visit us online to find out if you have a case. Legal staff available 24/7: nights, weekends, and holidays