What is the statute of limitations for motorcycle accident lawsuits in Texas? In Texas, the statute of limitations for a motorcycle lawsuit is two years from the date of the accident. This means that you typically must file a lawsuit before the two-year deadline, or you may lose the ability to recover compensation.
If you have been injured in a collision, a Corpus Christi motorcycle accident lawyer may be able to help.
Deadlines Can Be Strict
In most motorcycle accident cases, Texas law gives injured riders two years to file a lawsuit, and that clock often starts on the day of the crash. If the deadline is missed, courts will often dismiss the case, meaning that you could lose the opportunity to collect damages.
Oftentimes, it takes longer than expected to file a lawsuit, as your lawyer will need to collect evidence and documentation and ensure everything is in order before filing. This is why the sooner you start, the stronger your case may be.
Working with a Corpus Christi personal injury lawyer may be able to help ensure that you receive full compensation that you are owed by completing filings on your behalf, gathering all necessary documentation and evidence, and representing you in court if needed.
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.
Waiting on the Insurance Company Can Backfire
Many riders spend months going back and forth with insurance adjusters. It is important to understand that those conversations do not pause the Texas statute of limitations for filing a motorcycle lawsuit. An insurer may ask for more information from you to review the claim, which you believe to be in good faith; meanwhile, the statute of limitations continues to run.
Often, insurance adjusters will begin by making lowball offers, failing to take into account the full extent of damages caused by the accident. Injuries may take time to fully assess, and the full extent of the compensation you are owed may be unclear.
Some riders wait too long because they assume the claim will settle, but may end up losing out if these negotiations drag on beyond the statute of limitations for a motorcycle lawsuit in Texas, and a fair agreement cannot be reached.
Motorcycle Injuries Often Take Longer to Understand
Motorcycle crashes tend to cause more severe impacts than car accidents, as riders have less protection. This usually means more serious injuries. Common injuries seen in motorcycle accidents can include:
- Traumatic brain injuries
- Spinal cord damage
- Broken bones
- Soft tissue damage
- Burns and lacerations
Prompt medical evaluation is necessary after a motorcycle crash, followed by a consultation with an attorney to ensure you do not miss the two-year statute of limitations for motorcycle accidents in Texas as outlined in the Texas Civil Practice and Remedies Code § 16.003.
Representing the injured in all areas of Texas that extends back over 40 years
Fatal Motorcycle Accidents Follow Different Rules
If a motorcyclist loses their life from crash-related injuries, surviving family members may have the right to file a wrongful death claim. These cases work differently from standard injury lawsuits. In many situations:
- The deadline starts on the date of death
- Parents, spouses, or children may file the claim
- A survival action may also exist
- More than one lawsuit may be involved
These cases usually become more complicated very quickly and may require the assistance of a Corpus Christi wrongful death lawyer. While they generally follow the same two-year statute of limitations for a motorcycle accident in Texas, the legal process may differ.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Evidence Disappears Faster Than Most People Think
This is one reason people file claims sooner rather than later. Evidence can fade quickly, so the sooner you begin your case, the better. In addition to documentation from your medical provider regarding injuries, there are several other forms of evidence that your legal team may utilize.
Traffic, surveillance, and dashcam footage are common forms of evidence used in motorcycle accident cases. While dash cams and surveillance cameras are typically privately owned, traffic camera footage may be government-owned and require that you submit an open records request.
Additional evidence may include skid marks on the road, damage to the vehicle and helmet, witness statements, or testimony from accident reconstruction experts. The sooner this evidence is collected, the sooner you can begin building your case, mitigating the risk of surpassing the two-year deadline.
Some Cases Have Shorter Deadlines
Not every motorcycle accident follows the standard two-year timeline. Crashes involving government vehicles usually move much faster. The same goes for some roadway defect claims. These cases may involve:
- City-owned vehicles
- State trucks or buses
- Dangerous road conditions
- Missing signs or poor road maintenance
Going up against a government entity, particularly with a shortened timeline, may require the help of an experienced attorney. Working with a lawyer local to Corpus Christi may be beneficial as well, as they have experience with local court systems.
Minors and Incapacitated Riders May Be Treated Differently
Texas sometimes applies different rules when the rider who was harmed is under the age of 18 or is deemed legally incapacitated. These situations may involve:
- Child passengers on motorcycles
- Riders with traumatic brain injuries
- Long-term disability claims
- Guardians filing on someone’s behalf
In general, the statute of limitations for filing a lawsuit for a motorcycle accident in Texas begins when the minor turns 18 or when the incapacitated individual is deemed cognizant by the courts and medical team.
Riders Often Wait Too Long Because Recovery Takes Over
After a motorcycle accident, it is understandable and justifiable that recovery becomes your top priority. Injuries sustained in motorcycle crashes often require extensive medical treatment and rehabilitation that can feel like it takes over your life.
From physical therapy to potential surgeries and other procedures, your time may be consumed, all the while the clock is ticking on the two-year statute of limitations deadline. However, this is a critical time to begin building your case.
You do not have to handle the legal process on your own. It is often confusing, requiring the eye of a trained professional to ensure everything is done correctly. Having an attorney on your team can help you feel confident that everything is being handled appropriately while you heal.
Carrigan & Anderson PLLC Is Here to Represent You
If you were injured in a motorcycle accident, you deserve a legal team that will stop at nothing to fight for you. At Carrigan & Anderson, PLLC, we will handle the legal side while you focus on your family and your recovery.
Contact us today to schedule your free, zero-obligation consultation to see what your case may be worth.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
