What Is the Time Limit for Filing a Truck Accident Injury Claim?

Truck accidents happen in seconds and change the lives of the injured forever. Getting proper medical care is the most important thing to do in the aftermath of a crash. Once the medical situation is stabilized, you and your family should consider talking to an experienced truck accident lawyer.
Injured people must be careful not to allow too much time to pass before consulting an attorney. Why? Because Texas law requires any personal injury lawsuit to be filed within two years of the date of the injury. This is called a statute of limitations, and it is a hard-and-fast rule with few exceptions made.

Is There an Appropriate Amount of Time to Wait?

While the law gives you two years to file a personal injury lawsuit, that does not mean you should wait until that two-year period is almost over. While every situation is different, it is generally true that the longer the delay in filing a case, the harder it becomes to win.

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What Can Happen If You Wait Too Long?

Even in situations where a truck accident seems highly likely to have been the fault of someone else – whether it be the driver, the trucking company, or some other third party – receiving compensation is rarely easy, certainly not easy enough that it can be done without legal help.
When you wait a long time before talking to a lawyer, the chances of a successful claim diminish. Loss of evidence and the availability of witnesses are two of the most important reasons why.

• Evidence: Over time, a trucking company may lose or even destroy information related to your case. For example, they may only retain maintenance records for a short amount of time before deleting them. The driver’s log that shows hours behind the wheel may be lost. Video footage from highway cameras might be deleted. Evidence like this is crucial to a personal injury case, and the longer the injured person delays his or her lawsuit, the more likely the evidence is to disappear.
• Witnesses: Memories fade. The more time passes, the more likely witnesses are to forget the details of the event. Or witnesses move away and can no longer be found. When you involve a personal injury attorney early on, he or she can locate and talk to witnesses while they are still in the area and their memories are fresh, which makes the witness’ statements more impactful.

More Questions? Check Out Our FAQ.

Truck accident lawsuits can be complex, and you likely have many questions. We’ve put together this FAQ page to answer some of the most common things our Texas attorneys have been asked over the years.

Reach Out to a Texas Truck Accident Attorney

If you or a loved one has suffered an injury in a truck wreck in Texas, contact Ted B. Lyon & Associates today. Remember that your case must be filed within two years of the date of the accident, and your attorney will need time to investigate and evaluate the case before filing. Do not wait until it’s too late.