The Two-Year Deadline — and Why It Doesn't Mean You Have Two Years
Texas law gives you two years from the date of a truck accident to file a personal injury lawsuit under Tex. Civ. Prac. & Rem. Code §16.003. But this legal deadline is fundamentally misleading in truck accident cases, because the evidence that proves your case — ELD data, black box records, dash cam footage, inspection reports — has its own independent destruction deadlines measured in months, not years. Wayne Wright retains cases immediately because hours and days matter, not years.
Federal Evidence Retention Windows
Federal Motor Carrier Safety Administration regulations establish minimum retention periods for commercial carrier records. These are minimum periods — carriers are free to retain records longer, but most destroy data as soon as legally permitted to limit litigation exposure. Key retention windows:
- ELD/Hours of service records: 6 months minimum (49 C.F.R. §395.8)
- Accident register: 3 years minimum
- Drug and alcohol test results: 1–5 years depending on test type
- Driver qualification files: 3 years after driver leaves employment
- Vehicle inspection reports: 12 months
Government Entity Accidents
If the truck that caused your accident was owned or operated by a Texas government entity — TxDOT maintenance vehicles, City of San Antonio fleet vehicles, Bexar County, or VIA Metropolitan Transit — the Texas Tort Claims Act requires written notice to the entity within six months of the incident (Tex. Civ. Prac. & Rem. Code §101.101). Missing this notice requirement can bar your entire claim before the two-year lawsuit deadline even arrives.
Wrongful Death Claims
If the truck accident resulted in a fatality, the wrongful death statute of limitations under Tex. Civ. Prac. & Rem. Code §71.002 is also two years from the date of death. The survival action brought on behalf of the decedent's estate uses the personal injury limitation — two years from the date of injury, not death. Both claims must be filed within their respective deadlines.
What This Means Practically
Do not treat the two-year deadline as a window for delay. The moment a serious truck accident happens, the carrier and their insurer are actively working to limit evidence and liability. Wayne Wright issues preservation demands, retains experts, and begins the investigation on the day of retention. Call 210-888-0078 now — not next week.
You have two years to file. You have days to preserve the evidence. Call Wayne Wright now.
Call 210-888-0078 — Free Consultation