In plain English
  • 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

RuleEffectSection
Injured person under 18The period is suspended until they turn 18CPRC §16.001
Person of unsound mindThe period is suspended while the disability lastsCPRC §16.001
Defendant absent from TexasTime out of state may not count, with important limitsCPRC §16.063
Last day is a weekend or holidayExtended to the next business dayCPRC §16.072
Government defendantNotice is required within 6 months, or sooner under some city chartersCPRC §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.