The Texas car wreck deadline: the two-year rule, the six-month notice and the exceptions

Every injury claim in Texas runs against a clock. Most people have heard that the limit is two years, and for most car wrecks that is right. But the clock can be shorter, and in some cases it starts later. Here is what the statutes say.

The general rule: two years

A personal injury lawsuit must be brought not later than two years after the day the cause of action accrues (Civil Practice and Remedies Code 16.003(a)). For a car wreck, that is usually the day of the wreck. If the wreck takes a life, the two years are counted from the date of death (16.003(b)).

The deadline is for filing a lawsuit, not for making a claim with an insurer. Insurers know the date, and an insurer that is still negotiating as the second year ends has no reason to remind you. A claim that is not settled and not filed by then is usually lost.

A city bus, a county truck, a state car: much sooner

If a government vehicle was involved, such as a city bus, a county truck or a police car, a claim generally needs written notice within six months of the incident, describing the injury, the time, the place and the incident (Civil Practice and Remedies Code 101.101). A city charter can set an even shorter period. Actual notice to the government unit can sometimes excuse the written notice, but no one should count on that.

Government units also have statutory limits on what they can be required to pay. For a city, for example, the limit is $250,000 for each person and $500,000 for each occurrence for bodily injury or death (section 101.023). Those are caps set by law, not a measure of what any claim is worth.

Children and people who cannot manage their affairs

The time a person is under 18, or of unsound mind, generally does not count toward the limitation period (section 16.001). For a child hurt in a wreck, the two years generally start at 18. Waiting is still a poor plan: evidence fades long before then, and a parent’s own claims for a child’s medical bills can follow different timing.

Why the real deadline is earlier

Even with two full years, the practical deadline for a strong claim is much earlier. Security video is commonly erased within days. Witnesses move and forget. Vehicle data can be lost when a car is repaired or scrapped. Medical gaps are hardest to explain when they are oldest.

• Week one: photos, the crash report request, preservation letters for video and data.
• The first months: medical records and bills gathered as they are made.
• Before the second year: a demand, a negotiation, and if needed, a lawsuit filed with time to spare.

When more than one party is involved

A wreck that involves a company vehicle, a rideshare trip, a road contractor or a government vehicle can involve several parties with different rules. Each one needs to be identified early, both so that every source of coverage is found and so that no notice period is missed. A defendant can also ask to bring in a responsible third party later in a lawsuit, generally at least 60 days before trial, which is one more reason to know every party from the start.

How we track deadlines

At the first call we note the date of the wreck, who was involved, and whether any government unit may be part of the claim. Those dates go on our calendar right away. If a notice is due, we send it. If a lawsuit becomes necessary, we discuss it with you well before the deadline, and the decision to file is yours.

Our Houston office handles these cases from 5300 Memorial Dr Ste 810. No Fees or Costs Unless We Win: the firm advances the costs of your case, and you pay no attorney’s fee and no case costs unless we recover money for you.