The Texas Statute of Limitations for Car Accidents
You have two years from the date of the car accident to file a personal injury lawsuit in Texas under Tex. Civ. Prac. & Rem. Code §16.003. This is a hard deadline. If you file one day late, the court will dismiss your case regardless of how clear the other driver's fault was or how serious your injuries are. The insurance company cannot extend it. No one can.
Why Two Years Goes Faster Than You Think
Most car accident cases settle before a lawsuit is filed. But settlement negotiations do not pause or toll the statute of limitations. Insurance companies routinely drag out negotiations until the deadline approaches — then deny the claim knowing you cannot sue. Wayne Wright files suit before the deadline in every case where negotiations are not concluding promptly, preserving all of your options.
Government Entity Claims: Much Shorter Deadlines
If your accident involved a vehicle owned or operated by a government entity — a City of San Antonio bus, a Bexar County vehicle, a TxDOT maintenance truck, or a VIA Metropolitan Transit bus — the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code §101.101) requires written notice to the government entity within six months of the incident. Missing this notice requirement can bar your claim even before two years have passed. This is one of the most common and costly mistakes unrepresented claimants make.
Exceptions to the Two-Year Deadline
Texas law provides limited exceptions that can extend (toll) the statute of limitations:
- Minors: The deadline does not begin running until the minor turns 18. A child injured in a car accident has until their 20th birthday to file suit.
- Legal disability: If the injured person was legally incompetent at the time of the accident, the deadline is tolled during the period of incapacity.
- Discovery rule: In rare cases where an injury was not and could not reasonably have been discovered at the time of the accident, the deadline may begin from the date of discovery. This is narrowly applied in Texas courts and is not a general extension.
- Defendant absent from Texas: Time during which a defendant is absent from Texas may be excluded from the limitations period.
Do Not Wait
Evidence deteriorates. Witnesses become unavailable. Surveillance footage is overwritten within days. Even if you have two years from a legal standpoint, waiting substantially reduces the quality of the case. Wayne Wright begins preserving evidence from the first call. Consultations are free and available 24/7 at 210-888-0078.
Two years sounds like a long time until it isn't. Call Wayne Wright today — free consultation.
Call 210-888-0078