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

Two Years — But the Practical Urgency Is Far Greater Than in a Car Accident

Texas gives truck accident victims two years from the date of the crash to file a lawsuit under Tex. Civ. Prac. & Rem. Code §16.003 — the same deadline that applies to car accidents. But in commercial truck cases, the practical evidence destruction timeline is far more aggressive. ELD data can legally disappear at six months. Government entity claims against TxDOT or the City of Austin require written notice within six months. Waiting a year to hire an attorney in a truck accident case is waiting too long.

The Two-Year Filing Deadline Under Texas Law

Tex. Civ. Prac. & Rem. Code §16.003 sets the standard personal injury limitations period at two years from the date of injury. This applies to all claims arising from the truck accident:

• Claims against the truck driver for negligence
• Claims against the motor carrier under respondeat superior and direct negligence
• Product liability claims against the vehicle or parts manufacturer
• Claims against the cargo owner, shipper, and freight broker
• Claims against third-party maintenance contractors

Missing the two-year deadline on any claim results in permanent dismissal. Texas courts apply the statute of limitations strictly with no exceptions for not knowing about the deadline.

Government Entity Claims — The Six-Month Notice Trap

If a government vehicle, government contractor, or government-maintained road contributed to the crash, the Texas Tort Claims Act imposes written notice requirements with a six-month window:

• TxDOT: Written notice to the Texas Department of Transportation within six months when TxDOT equipment, a TxDOT contractor, or a TxDOT-maintained road condition contributed to the crash
• City of Austin: Written notice to the Austin City Clerk within six months when a city vehicle, signal malfunction, or road maintenance failure was a factor
• Travis County: Written notice to the Travis County Judge within six months for county road or vehicle claims
• Construction zone contractors: When a TxDOT capital project contractor created the hazardous condition, notice requirements apply to both TxDOT and the private contractor

Why Evidence Destruction Timelines Create Real Urgency Well Before Two Years

The two-year deadline is the legal cutoff. The practical deadlines for preserving the evidence that wins truck accident cases are measured in weeks and months:

• Business and roadside surveillance footage: 48–72 hours before overwrite
• TxDOT and Austin city camera footage: approximately 30 days
• ECM / black box data: can overwrite when truck is repaired — potentially days after crash
• Driver Vehicle Inspection Reports (DVIRs): 90-day FMCSA minimum retention
• ELD data: six-month FMCSA minimum retention — after which carriers can legally destroy it
• Post-accident drug test results: five years for drug, two years for alcohol — but obtaining them early is critical
• Witness memory: degrades significantly after weeks — witnesses become harder to locate and their recollections less precise

A victim who hires an attorney 18 months after a truck accident may still be within the two-year statute of limitations, but critical ELD data, DVIRs, and surveillance footage that would have won the case is likely gone.

The Trucking Company’s Defense Clock Starts Immediately

While you are recovering from your injuries, the carrier’s defense team is actively working. Their accident reconstruction expert has already inspected the scene. Their counsel has documented the truck. Their adjusters have interviewed witnesses and the driver. The longer you wait to retain an attorney, the further ahead the defense is.

Wrongful Death Claims

When a truck accident results in a fatality, Tex. Civ. Prac. & Rem. Code §71.002 provides a two-year filing deadline running from the date of death — which may differ from the accident date if the victim survived for a period before dying. Government entity notice requirements apply on the same six-month timeline from the date of death.

Contact Wayne Wright Immediately — Not Near the Deadline

Call 512-543-4397 within days of your Austin truck accident — not months. Wayne Wright preserves evidence, serves government entity notices, downloads ECM data, and locks in witness testimony while everything is still recoverable. The two-year statute of limitations is the latest possible filing date, not the recommended timeline.