How this calculator works

Texas gives most people injured in a crash two years to file a lawsuit. The clock usually starts on the day of the crash. In a wrongful death case it starts on the day of death. These rules come from Texas Civil Practice and Remedies Code §16.003.

SituationDeadline usedSource
Personal injury or property damage2 years after the crashCPRC §16.003(a)
Wrongful death2 years after the date of deathCPRC §16.003(b)
Injured person under 18The 2 years usually start on their 18th birthdayCPRC §16.001
Last day falls on a weekend or legal holidayMoves to the next day that is notCPRC §16.072
Claim against a government bodyWritten notice within 6 months; some cities require notice soonerCPRC §101.101

Earlier dates that often matter more

  • Driver logs and ELD records. Motor carriers only have to keep drivers' records of duty status for six months (49 CFR §395.8(k)). That's why preservation letters are sent early.
  • Dashcam footage and engine data can be overwritten within days unless someone asks the company to keep it.
  • The carrier's accident register must be kept for three years (49 CFR §390.15). See DOT accident register.

What this calculator can't tell you

Deadlines can be shorter or longer in situations the calculator doesn't cover. These include the discovery rule, a defendant who leaves Texas, a person of unsound mind, claims under a contract or insurance policy, and claims by parents for a child's medical bills. Courts apply these exceptions narrowly. If a deadline is close, speak with a licensed Texas attorney now rather than relying on any calculator. Read more in Texas truck accident deadlines.