Texas, as with many other states, imposes a statute of limitations on filing truck accident lawsuits. This deadline sets a strict time limit within which a plaintiff must initiate legal action after suffering injuries or losing a loved one. Understanding this deadline is vital if you’re considering legal recourse following such a traumatic event.
If you don’t adhere to your case’s filing deadline, the court system would dismiss your case with prejudice, meaning that you could not file it again. What’s more, this would leave the full financial burden of the collision on your shoulders—even if you suffered a life-altering condition.
The statute of limitations deadline is one of many reasons why injured claimants partner with our truck accident lawyers in Corpus Christi. By entrusting your case to a legal professional shortly after the collision, you can ensure that your case is getting filed on time and in compliance with state law.
Your Lawsuit’s Filing Deadline Depends on Your Case’s Details
The statute of limitations for truck accident lawsuits in Texas typically varies depending on the type of case being pursued. Texas Civil Practice and Remedies Code § 16.003 notes that you generally have two years from the date of the truck accident to sue. The same two-year period applies if you’re filing a wrongful death lawsuit.
When the filing period begins depends on:
- The date of your truck accident; or,
- The date your loved one passed away
If your collision involved a government-owned truck (such as a garbage truck), you have considerably less time to file your notice of claim. You could have just six months from the accident’s date to initiate legal proceedings. Even filing your lawsuit a day late could result in its dismissal. This is why it’s vital to consider your legal options immediately following the accident.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
Are There Any Expectations to the Truck Accident Statute of Limitations?
The short answer is yes; there are some exceptions to the statute of limitations that could extend your filing period. The long answer is that you shouldn’t assume any exceptions apply because the state does not allow for misunderstandings or misinterpretations of state law. As noted, if you don’t comply with the deadline, you lose the right to damages.
That said, some exceptions that allow some injured people to toll the two-year filing period include:
- The at-fault driver fled the state.
- You were deemed mentally incompetent after the collision (i.e., you suffered a severe brain injury or lapsed into a coma).
- You were injured as a minor.
Your truck accident lawyer can evaluate your case and determine whether any of these exceptions apply to your personal injury lawsuit.
Your Case Has Other Time-Sensitive Factors Outside of the Statute of Limitations
Time is of the essence in truck accident cases, and delaying legal action can adversely affect your case’s outcome. Prompt legal action is essential for several reasons:
- It preserves valuable evidence: Immediately after a truck accident, evidence such as skid marks, vehicle damage, and witness statements may start to disappear or become less reliable. By acting promptly, your attorney can gather and preserve crucial evidence to support your case.
- Eyewitness testimony becomes less compelling with time: Memories fade over time. Witnesses may become harder to locate, or their recollections of the accident may become less reliable as time passes. Prompt legal action allows for thorough witness interviews while their memories are still fresh.
- It can serve as leverage during negotiations: Initiating prompt legal action shows the insurance company that you’re not playing games. You’re serious about recovering compensation. Filing a lawsuit within the statute of limitations can provide leverage during insurance negotiations and possibly convince the liable party to settle.
Representing the injured in all areas of Texas that extends back over 40 years
Hiring a Truck Accident Lawyer Helps You Meet Statutory Deadlines
While understanding the statute of limitations is important, it is equally crucial to recognize the importance of considering legal representation. A knowledgeable attorney will have a deep understanding of Texas trucking laws, regulations, and industry standards, allowing them to effectively navigate your case’s complexities.
When you partner with Carrigan & Anderson, PLLC, your case becomes our cause. We waste no time in:
- Investigating the details of your truck accident: A truck accident lawyer from our legal team will conduct a thorough investigation into the circumstances surrounding the incident, identifying all potentially liable parties and uncovering supporting evidence.
- Handling all insurance-related matters: Dealing with insurance companies and legal representatives can be daunting in the aftermath of a serious collision. Our personal injury lawyers will handle all case-related communications, ensuring your rights remain protected.
- Offering legal guidance and support: Pursuing a truck accident lawsuit can be emotionally and physically draining. Our client-centered legal team will provide guidance, support, and advocacy every step of the way, easing your legal worries.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Our Personal Injury Lawyers Seek Full Compensation for Your Truck Accident
By complying with Texas’s statute of limitations, you retain your right to recover a host of expenses as they relate to the truck accident. These can include both economic and non-economic damages. Economic damages relate to your direct financial losses, while non-economic damages account for your intangible hardships.
A truck accident lawsuit could yield compensation for:
- Medical treatment costs
- Lost wages and diminished future earning capacity
- Property damage expenses
- Out-of-pocket costs (i.e., transportation arrangements)
- Pain and suffering and inconvenience
- Scarring and disfigurement
- Disability
If you’re filing a wrongful death case, our team offers client-centered care focused on securing financial justice. While a wrongful death lawsuit can account for many of the losses listed above, it can also offer compensation for funeral costs, memorial expenses, and the decedent’s pain and suffering.
Your Free Claim Review Awaits with Our Truck Accident Law Firm
While understanding the statute of limitations for truck accident lawsuits in Texas is important, it is equally essential to recognize the importance of prompt legal action and the benefits of hiring an experienced truck accident lawyer.
By securing prompt legal representation from Carrigan & Anderson, PLLC, you can protect your rights, pursue justice, and seek the compensation you deserve. Today, you can start a free initial consultation about partnering with our firm. Call now.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
