The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. It exists to ensure fairness for all parties by requiring claims to be filed while evidence is still fresh and available. In Texas, if you file a lawsuit after the statute of limitations has expired, the court will almost certainly dismiss your case—even if your claim is otherwise valid.
Statute of Limitations for Auto Accidents in TX
Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for most car accident injury claims is two years from the date of the crash. This means you must file a personal injury lawsuit within two years of the accident date. If you miss this car accident claim time limit, your right to compensation may be lost forever.
Types of Claims Affected by the Two-Year Limit
- Personal injury claims (e.g., for whiplash, broken bones, brain injuries, etc.)
- Wrongful death claims (if a loved one died due to the accident)
- Loss of consortium claims (typically brought by spouses of injured victims)
- Property damage claims (e.g., vehicle damage)
Each of these must generally be brought within the same two-year timeframe unless a legal exception applies.
Wrongful Death and the Statute of Limitations
If a car accident results in a fatality, eligible family members (typically spouses, children, or parents) may bring a wrongful death lawsuit. In Texas, the statute of limitations for wrongful death claims is also two years, but the countdown begins on the date of death, not the date of the accident—if they differ.
When Does the Statute of Limitations Start?
In most cases, the two-year clock begins on the actual date of the accident and injury. However, the law recognizes a few limited exceptions that can delay or “toll” the Texas car accident legal deadlines. These are rare and strictly construed by the courts.
Exceptions That May Extend the Deadline
Discovery Rule
In rare cases, the statute of limitations may be extended if the injury wasn’t discovered—and couldn’t reasonably have been discovered—at the time of the accident. This is more common in medical malpractice cases, but could apply to latent car accident injuries under specific circumstances.
Minors and Legally Incapacitated Persons
If the injured party is under the age of 18 or deemed legally incapacitated at the time of the accident, the statute of limitations may be paused until they turn 18 or regain legal capacity. The clock would then begin on their 18th birthday or upon restoration of capacity.
Defendant Leaves the State
If the at-fault driver leaves Texas and cannot be served with process, the time they’re absent from the state may not count toward the two-year limit.
Statute of Limitations vs. Insurance Filing Deadlines
It’s important to distinguish between the statute of limitations and insurance deadlines. Most insurance companies require that you report an accident promptly, generally within a few days. Delays in reporting can result in claim denials, even if you’re still within the two-year statute of limitations for a lawsuit.
What Happens If You Miss the Legal Deadline?
If you attempt to file a lawsuit after the two-year statute of limitations has expired, the defendant can file a motion to dismiss, which the court is almost certain to grant. In most cases, you will be permanently barred from seeking compensation in court, regardless of the strength of your underlying claim.
Notice Period for Car Accident Claims Against a Government Entity in Texas
If your car accident involved a government vehicle or was caused by a government employee or agency, your case falls under special legal rules. In Texas, you cannot simply file a standard personal injury lawsuit against a city, county, or state entity. Instead, you must comply with the Texas Tort Claims Act (TTCA), which includes a strict notice requirement—a legal prerequisite before you can sue.
What Is the Notice Requirement?
Under Texas Civil Practice & Remedies Code § 101.101, a person must provide formal written notice to the appropriate governmental unit within six months of the date of the incident. The notice must include:
- The date and location of the incident
- A description of the injury or damage
- The identity of the parties involved
Failure to provide this notice can result in your claim being barred, even if it would otherwise be valid.
Shorter Deadlines for Cities and Municipalities
While the general deadline is six months, many Texas municipalities impose even shorter deadlines through their local ordinances—sometimes as short as 30 to 90 days. For example:
- Houston: 90-day notice requirement
- Dallas: 90-day notice requirement
- San Antonio: 60-day notice requirement
You must check the local rules that apply to the governmental entity involved in your case.
Why Early Legal Representation from Our Texas Car Accident Attorneys Matters
When a car accident occurs, time isn’t on your side—insurance companies act fast, and so should you. Here’s why early legal representation from Amanda Demanda Injury Lawyers can make all the difference in your case:
Ensuring Proper Medical Attention
Our experienced attorneys will help you access appropriate medical care, including physical therapy and rehabilitation for your injuries. We ensure that all medical records, diagnostic reports, and treatment histories are carefully documented to support your claim. These records are essential to prove not only your physical injuries, but also emotional trauma, pain and suffering, and future medical needs.
Shielding You from Insurer Tactics
From the moment you hire us, our Texas truck accident attorneys take over all communication with the insurance company. We shield you from common insurer tactics, such as lowball settlements, misleading recorded statements, or pressure to settle early. You can focus on healing while we aggressively advocate for full compensation for your injuries and losses.
Swift Investigation to Collect and Preserve Evidence
Insurance companies may deploy “rapid response” teams to the crash site within hours to build their arguments. Meanwhile, injured victims are hospitalized or grieving. We match that urgency—preserving key evidence like skid marks, surveillance footage, black box data, 911 calls, and bodycam videos before they disappear.Early legal intervention ensures your side of the story is documented, evidence is preserved, and your case starts from a position of strength. Don’t let the insurance company dictate the narrative—reach out to Amanda Demanda Injury Lawyers now. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
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