When you or a loved one has been involved in a truck accident, it’s essential to understand the legal timeline for pursuing a lawsuit. In Texas, the statute of limitations, or the time frame within which you must file your lawsuit, is crucial to ensuring you retain your right to seek compensation for your injuries and losses. If you miss the deadline, you may lose the chance to take legal action entirely.
At Kolodny Law Firm, we understand the complexities surrounding the statute of limitations for truck accident lawsuits in Texas. With our aggressive approach and extensive experience, we can help guide you through the legal process, ensuring that deadlines are met and your rights are fully protected. We have successfully secured favorable outcomes for clients and are committed to providing the support and legal expertise you need during this challenging time.
What Is the Texas Truck Accident Statute of Limitations?
The statute of limitations is a law that sets the maximum period during which you can file a lawsuit after an event, such as a truck accident. If you fail to take legal action within this period, you may forever lose your right to seek compensation through the courts. The statute of limitations for personal injury claims, including truck accident lawsuits, is two years from the accident date.
It’s important to note that the two-year time frame applies to most truck accident cases. However, some exceptions and special circumstances can affect this deadline. The clock for filing your lawsuit doesn’t necessarily start at the time of the accident.
Why Is Adhering to the Statute of Limitations Critical?
The statute of limitations exists to protect both parties in a lawsuit. For the plaintiff (the injured party), it ensures that they pursue their claim while the evidence is still fresh and witnesses’ memories are still reliable.
For the defendant (the party being sued), it offers a reasonable time limit for facing legal action—so the threat of a lawsuit doesn’t linger in perpetuity. Once the statute of limitations expires, a survivor can no longer pursue their claim in court, and they will lose their right to compensation.
However, the time limit benefits the survivor, too. Filing within the statute of limitations helps preserve critical evidence, such as dashcam footage, witness testimonies, and vehicle maintenance records, which can all play a significant role in your case.
But keep in mind that missing the deadline could result in the inability to recover compensation for the losses you’ve suffered. Therefore, timely legal action is crucial.
Exceptions to the Statute of Limitations
While the two-year statute of limitations applies to most truck accident lawsuits, several vital exceptions may alter the timeline for filing your claim. These exceptions may grant you additional time to file or change how the statute is applied in some instances. Below, we explore some of the most common exceptions to the Texas truck accident statute of limitations.
Minors
If the injured party in a truck accident is a minor (under 18), the statute of limitations is paused until they reach the age of 18. This exception means the two-year filing deadline does not begin until the child turns 18.
For example, if a child is injured in a truck accident at age 15, the statute of limitations would not begin until their 18th birthday, giving them until they are 20 to file a lawsuit.
Unsound Mind
If the injured party is deemed of unsound mind at the time of the accident—due to a coma, mental illness, or another disability—the statute of limitations may be extended. Like the exception for minors, the deadline for filing the lawsuit does not begin until the individual regains their capacity and can manage their legal affairs.
Government Entities
If your truck accident involves a government entity—for example, if the truck is owned by a city, county, or state—you must provide formal notice of your claim to the governmental unit within six months of the incident. This notice must contain key details about the accident, including the damage or injury suffered, the time and place of the accident, and a description of what occurred.
While the notice requirement is separate from the two-year statute of limitations, it is still a critical step. Failing to give the government notice within six months can bar you from filing a lawsuit against the government entity, even if you are within the two-year period. It’s imperative to act quickly and consult with an experienced Houston truck accident lawyer if a government entity is involved in your case.
Discovery Rule
In some truck accident cases, the full extent of the injuries may not be immediately apparent. The discovery rule may apply if you do not immediately discover your injuries. Under the discovery rule, the statute of limitations begins when the injury is discovered (or should have been discovered with reasonable diligence) rather than the accident date.
For example, if you suffered an internal injury as a result of a truck accident but did not know until three years later, the clock for filing your lawsuit may start when you are diagnosed or when you reasonably should have known about your injury.
For a free legal consultation, call (713) 532-4474 or contact us online
Contact Kolodny Law Firm, and Speak with a Houston Truck Accident Lawyer
Understanding the statute of limitations for truck accident lawsuits in Texas is essential for anyone pursuing legal action after a truck accident. Missing the filing deadline can have serious consequences, so acting quickly and seeking legal guidance is crucial.
At Kolodny Law Firm, we are dedicated to helping individuals involved in truck accidents in Texas. We understand the urgency of meeting critical deadlines and the importance of protecting your legal rights. Our team is here to guide you through the entire legal process, ensuring that all necessary steps are taken to preserve your right to seek compensation.
If you or a loved one has been injured in a truck accident, contact Kolodny Law Firm today for a free consultation. Our team of experienced lawyers will work tirelessly to ensure that your case is filed on time and that your legal rights are fully protected.
Related Posts
What is the Average Settlement for a Semi Truck Accident in Texas?
When to Consult a Lawyer for a Truck Accident in Houston
What Does a Truck Accident Lawyer Do in Houston?
Who is Liable in a Truck Accident in Houston?
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
Loading...