How long do I have to file a car accident lawsuit in Texas?

The Short Answer: Two Years — But Several Exceptions Can Cut That Shorter

Texas gives most car accident victims two years from the date of the crash to file a lawsuit under Tex. Civ. Prac. & Rem. Code §16.003. Miss that deadline and the court will dismiss your case permanently — regardless of how clear the liability is or how severe your injuries are. But several exceptions can shorten that window dramatically, and Austin accident victims need to know all of them.

The Two-Year Statute of Limitations Under Texas Law

The standard deadline is straightforward: two years from the date of the accident. The clock starts running on the day of the crash — not when you first felt pain, not when you received your diagnosis, and not when you hired an attorney. If you were rear-ended on I-35 on May 15, your deadline to file suit is May 15 two years later.

This deadline applies to claims against other drivers, their employers (when a company vehicle is involved), and vehicle manufacturers in product liability cases. It applies whether you settle or litigate — the lawsuit must be filed before the deadline even if you expect to settle.

The Government Entity Exception — Austin’s Most Common Deadline Trap

If your accident involved a government vehicle or government-maintained road, the Texas Tort Claims Act imposes a six-month written notice requirement before you can sue. This is the exception that catches the most Austin victims off guard:

• City of Austin fleet vehicles (police cruisers, fire trucks, public works trucks) — written notice to the City Attorney within six months of the accident
• CapMetro buses and vanpools — written notice to CapMetro within six months
• TxDOT vehicles and construction equipment — written notice to TxDOT within six months
• Travis County vehicles — written notice to the Travis County Judge within six months
• Road defect claims — if a poorly maintained road, defective signal, or missing signage contributed to your crash, government notice requirements apply

Failure to provide timely written notice to the correct government entity bars your claim entirely — even within the two-year period. Wayne Wright identifies all government entities involved from day one and files protective notices immediately.

Exceptions That Can Extend the Deadline

Two exceptions can toll (pause) the two-year clock:

• Minors: If the injured person was under 18 at the time of the accident, the statute of limitations is tolled until their 18th birthday — they then have two years from age 18 to file. However, a parent or guardian can still file on behalf of the minor before that extended deadline.
• Legal incapacity: If the injured person was legally incapacitated at the time of the accident — including certain mental conditions — the deadline may be tolled during the period of incapacity.

The discovery rule (which tolls the deadline until the injured party knew or should have known about the injury) is rarely applied to car accident cases in Texas. Courts have consistently held that car accident injuries are immediately discoverable at the time of the crash.

Why Two Years Is Less Time Than It Sounds

Most victims who lose their right to recover do not miss the two-year deadline by months — they miss it because they waited too long before taking action and the critical evidence no longer exists to support their claim:

• TxDOT and city traffic camera footage overwrites in approximately 30 days
• Business surveillance footage overwrites in 48–72 hours
• Witness memories fade significantly within weeks — and witnesses become difficult to locate
• Vehicle damage is repaired or the vehicle is totaled and crushed — eliminating physical evidence
• Medical records become harder to obtain and authenticate over time
• Insurance adjusters use delay as leverage — the longer you wait, the weaker your documented damages become

The two-year deadline is the legal cutoff. The practical deadline for building a strong claim is measured in days and weeks, not years.

What Happens If You Miss the Filing Deadline

Missing the statute of limitations is one of the only grounds on which a defendant can have a case dismissed automatically. If you file a lawsuit after the deadline, the defendant will file a motion to dismiss and the court will grant it — regardless of how strong your evidence is, how serious your injuries are, or how clearly the other driver was at fault. There are no second chances and no appeals on this basis.

Texas courts have consistently refused to apply equitable tolling arguments in standard car accident cases. The rule is applied strictly.

Contact Wayne Wright Now — Not Near the Deadline

Call 512-543-4397 as soon as possible after your accident. Not because you need to file a lawsuit immediately — most cases settle without ever going to trial — but because the evidence preservation work, government entity notice requirements, and insurance adjuster negotiations that determine your case value all begin in the first days after the crash. Waiting costs you leverage, evidence, and sometimes your right to recover entirely.