- You generally have two years from the day of a crash to file a lawsuit for personal injury or property damage.
- For a death, the two years start on the day of death, which may be later than the crash.
- Filing a lawsuit stops the clock. Negotiating with an insurer doesn't.
What the statute says
Section 16.003(a) requires a person to bring suit for, among other things, personal injury and injury to the estate or property of another "not later than two years after the day the cause of action accrues." Under subsection (b), in an action for injury resulting in death, the cause of action accrues on the death of the injured person.
When the clock starts
For a crash injury, the claim usually "accrues" on the day of the crash, because that's when the injury happens. Texas courts apply the discovery rule narrowly. It delays accrual only when the nature of the injury is inherently undiscoverable and objectively verifiable, which is rarely the case in a traffic crash.
Rules that can change the deadline
| Rule | Effect | Section |
|---|---|---|
| Injured person under 18 | The period is suspended until they turn 18 | CPRC §16.001 |
| Person of unsound mind | The period is suspended while the disability lasts | CPRC §16.001 |
| Defendant absent from Texas | Time out of state may not count, with important limits | CPRC §16.063 |
| Last day is a weekend or holiday | Extended to the next business day | CPRC §16.072 |
| Government defendant | Notice is required within 6 months, or sooner under some city charters | CPRC §101.101 |
Filing and serving on time
Filing the petition before the deadline isn't always enough. Texas courts also expect the defendant to be served with reasonable diligence. If service is delayed without good reason, the suit may be treated as filed too late. That's one reason not to file on the last day.
Apply it to your dates
Use the Texas deadline calculator, and read the longer guide to Texas truck accident deadlines.