What Is The Deadline To File A Truck Accident Lawsuit In Texas?

The Clock Starts Running Long Before Most Families Realize It

A serious truck accident doesn’t unfold all at once. It happens in stages. First comes the impact, then the hospital, then the weeks of pain, missed work, and unanswered questions. Somewhere in the middle of all that, the legal clock quietly starts ticking, even though most people don’t feel ready to think about lawsuits yet.

For families across Texas, this timing gap causes real problems. Evidence fades. Witnesses move on. Trucking companies lock down records. And deadlines approach whether anyone’s ready or not.

At Weinstein Law, we’ve seen how quickly delay can turn a strong truck accident case into an uphill fight. That’s why if you’ve been injured or a loved one died in a Texas truck wreck, you need a lawyer who can protect your rights and help you demand accountability.

The General Deadline For Truck Accident Lawsuits In Texas

In most truck accident cases, Texas law gives injured people two years from the date of the crash to file a personal injury lawsuit. That same two-year window usually applies to wrongful death claims, starting from the date of death rather than the crash itself.

That deadline comes from Texas Civil Practice and Remedies Code §16.003, and courts enforce it strictly. Missing it usually means losing the right to pursue compensation entirely, no matter how serious the injuries are.

Once that window closes, leverage disappears fast.

Truck Accident Cases Can Run Out Of Time Faster Than Car Wrecks

Two years sounds like plenty of time until you’re living inside a truck accident claim. These cases move differently than ordinary car wrecks, and delay hurts them more.

Federal law (FMCSA) only requires trucking companies to keep driver logs for six months. If you wait a year to file a claim, the most important evidence (e.g., the proof that the driver was exhausted or over-hours) may be legally shredded or deleted.

This is why we send Spoliation Letters immediately. These legal notices force the company to preserve data from the truck's "Black Box" (ECM) and the driver’s Electronic Logging Device (ELD) even before a lawsuit is filed

Why timing matters so much in truck cases:

• Evidence Disappears in Months, Not Years: Driver logs, electronic control module data, dash footage, and maintenance records aren’t kept forever. Some records can be lost or overwritten in months, not years, which is why it’s important to launch an investigation
• Corporate Defendants Act Immediately: Trucking companies often deploy “Go teams” (investigators) within hours of a crash to preserve evidence that helps them not you.
• Medical Recovery Takes Time: Serious injuries don’t stabilize overnight. It’s easy to lose track of the legal clock when you are focused on daily survival and rehab.

Situations Where The Deadline Can Be Shorter Than Two Years

Not every truck accident follows the standard timeline. Some cases carry shorter notice requirements that can catch people off guard.

These situations include:

• Government Trucks: If you’re hit by a city-owned vehicle or a state contractor, the Texas Tort Claims Act While the lawsuit deadline might still be two years, many Texas cities require a formal "Notice of Claim" within 60 to 90 days of the accident. If you don't file this specific paperwork with the right government office in that tiny window, your case could be barred forever, even if you’re still in the hospital.
• Wrongful Death With Multiple Defendants: When liability is spread across drivers, trucking companies, brokers, or manufacturers, delays identifying all parties can quietly shrink the usable timeline.
• Out-Of-State Trucking Companies: Jurisdiction fights can slow cases down early, making fast investigation even more important.

Once a shorter notice window is missed, the case can be lost before it ever reaches a courtroom.

Waiting For “The Right Time” Often Backfires

Many people wait because they think filing a lawsuit means rushing into court or committing to something permanent. In reality, early legal action often creates breathing room rather than pressure.

Starting early allows lawyers to:

• Preserve black box and electronic logging data before it’s overwritten
• Secure surveillance footage from nearby businesses
• Identify all potentially responsible companies
• Protect medical documentation as injuries evolve

Waiting doesn’t keep options open. It usually narrows them.

How Insurance Companies Use Delay Against Truck Accident Victims

Insurance adjusters don’t need you to miss the deadline entirely to benefit from delay. They only need time.

As cases stall, insurers often argue:

• Injuries must not be severe if treatment was inconsistent
• Gaps in care mean symptoms aren’t related to the crash
• Missing records weaken liability claims
• Lost witnesses make fault harder to prove
• Each passing month gives them another angle to exploit.

By the time a lawsuit is filed late in the process, the negotiating table looks very different.

When Should Families Should Talk To A Truck Accident Lawyer?

There’s no single “right moment,” but there is a wrong one, after evidence is gone and deadlines are looming.

Talking to a truck accident lawyer early doesn’t force a lawsuit. It gives families clarity about timelines, responsibility, and risk while options still exist.

At Weinstein Law, we handle truck accident cases across Texas with the understanding that timing isn’t just procedural. It’s strategic.

Frequently Asked Questions: Texas Trucking Deadlines

What if the victim was a minor at the time of the truck accident?

In Texas, the "statute of limitations" is typically "tolled" (paused) for minors. The two-year clock generally doesn't start until the child turns 18. However, parents should still act immediately to preserve evidence and cover medical expenses that are due now.

Does the deadline change if the truck driver was drunk?

No. Even if criminal charges are pending for a DUI, the civil deadline remains two years. You do not have to wait for the criminal trial to end before starting your civil lawsuit; in fact, waiting for the DA's office can often cause you to miss your civil filing window.

What is the "Discovery Rule" in Texas?

In very rare cases, if an injury couldn't have been reasonably discovered right away, the clock might start later. However, in a truck wreck, the impact is usually "patent" (obvious), so the Discovery Rule is almost never a safety net. Assume your clock started the second the collision happened.

Contact an Experienced Texas Truck Accident Attorney

If you or someone you love was hurt in a truck accident in Texas, the deadline to take legal action may already be closer than it feels. Accountability doesn’t happen automatically, and insurance companies don’t wait.

If you’re ready to talk through what happened and understand what time still allows, contact Weinstein Law for a free consultation and find out what your options look like before the window starts to close.

"I absolutely would recommend Weinstein Law to anyone that is seeking assistance in an accident case. The team kept us up to date and got all they could for my children and myself. Jeff is passionate about what he does and walks you through the court process with ease. Thank you, Weinstein team!!" - Ingrid, ⭐⭐⭐⭐⭐