Board-Certified Personal Injury Attorney
How long do you have to file a lawsuit after a Texas car accident? In most cases, two years. Under Texas Civil Practice and Remedies Code Section 16.003, a person injured in a motor vehicle crash generally has two years from the date of the accident to file a personal injury lawsuit, and two years from the date of death to bring a wrongful death claim. Miss that deadline, and even a strong case can be dismissed before it reaches a jury. A Galveston County car accident attorney like Bill T. Wells, of counsel to The Payne Law Group, can help protect your rights.
What Is a Statute of Limitations?
A statute of limitations is the legal deadline for filing a lawsuit. Once it expires, the courthouse doors close on that particular claim. The reasoning is practical. Evidence fades, witnesses move, memories blur, and at some point defendants are entitled to know they are no longer at risk of being sued.
For Texas car accident claims, that deadline can be found in Section 16.003 of the Civil Practice and Remedies Code. It applies to personal injury claims, property damage claims, and wrongful death actions, with some important exceptions discussed below.
When Does the Two-Year Clock Start?
For most Texas car accidents, the limitations period begins on the date of the crash itself. That is the day “the cause of action accrues” under Texas law. If you are rear-ended on the Gulf Freeway on June 1, 2026, you generally have until June 1, 2028, to file suit.
Wrongful death cases follow a slightly different rule. Under Section 16.003(b), the two-year clock for an action for injury resulting in death starts on the date of death, not the date of the accident. If a loved one is critically injured in a crash and dies weeks or months later, the family’s two-year window starts running from the day the person dies.
Why Filing Early Almost Always Helps
Two years sounds like plenty of time. It rarely feels that way once you are in the thick of medical treatment, dealing with insurance adjusters, and trying to put life back together. The closer you get to the deadline, the weaker your negotiating position becomes. Factors include:
- Witnesses move, change phone numbers, and forget critical details
- Surveillance footage from gas stations, businesses, and traffic cameras is often overwritten on a 30-day or 90-day loop
- Skid marks, debris fields, and accident scene conditions disappear within weeks
- Vehicles are repaired or scrapped, eliminating physical evidence
- Insurance adjusters know how to drag their feet when they sense pressure on your end of the calendar
Strong six-figure claims can settle for far less because a client waits until close to the deadline to call a lawyer. By then, key evidence can be lost and the insurer uses that to its advantage.
Exceptions That Can Pause or Extend the Deadline
Texas law recognizes several situations where the two-year clock can be paused or extended.
Minors and Persons of Unsound Mind
Under Texas Civil Practice and Remedies Code Section 16.001, the limitations clock does not run while an injured person is under a “legal disability.” A child under 18 generally has until two years after their 18th birthday to file. Someone who was mentally incapacitated at the time of the crash is similarly protected until capacity is restored. However, a parent or legal guardian may file on their behalf to avoid losing critical evidence over time.
The Discovery Rule
In a small set of cases, an injury is not discoverable at the time of the crash. Texas courts apply this rule narrowly, but where it applies, the clock does not start until the injured person knew or reasonably should have known of the injury and its likely cause.
Fraudulent Concealment
If a defendant actively concealed their wrongdoing, Texas courts may toll the limitations period until the concealment was or should have been discovered.
These exceptions are narrow and fact-specific. None of them should be relied on without legal advice, because misjudging whether one applies almost always means the case is over.
Special Rule: Claims Involving Government Vehicles
If your accident involves a government-owned vehicle, such as a city bus, sanitation truck, sheriff’s car, or state agency vehicle, the rules change quickly. Under the Texas Tort Claims Act, governmental units are entitled to written notice of a claim within six months of the incident.
Many city charters require notice in even less time, often as short as 90 days, depending on the city’s charter. Confirm the specific applicable deadline with legal counsel before relying on any specific figure.
An exception exists if the governmental unit had ‘actual notice’ of the death, injury, or property damage. Texas courts apply this exception narrowly, requiring the entity to have subjective awareness of its potential fault, not just awareness of an accident.
Missing the notice deadline can bar your claim entirely, even if you would otherwise have two years to file suit. If a government vehicle was involved in your crash, you cannot afford to wait. The best way to protect your rights is to contact an attorney as soon as possible.
What Happens If You Miss the Deadline?
A missed statute of limitations is almost always fatal to a claim. The defendant will move to dismiss, and Texas courts will almost certainly grant the motion. You lose the right to sue, no matter how clear the other driver’s fault was, no matter how serious your injuries are, and no matter what the insurance company offered before the deadline passed.
That is why “I’ll deal with it later” is one of the most expensive mistakes you can make after a car accident.
How an Attorney Helps Protect Your Deadline
A Galveston County car accident attorney does more than file paperwork. The right lawyer:
- Calculates every applicable deadline, including any shorter governmental notice periods
- Sends evidence preservation letters before key footage and records are destroyed
- Builds the medical, economic, and liability proof needed to negotiate from strength
- Files suit before the deadline if the insurer refuses to make a fair offer
Bill Wells has appeared more than 500 times in Galveston County courts over more than 30 years and has been Board Certified in Personal Injury Trial Law since 1990. He handles every case personally, and on motor vehicle injury claims his attorney’s fee is 25 percent of the total recovery, whether the case settles or goes to trial.
Talk to a Galveston County Car Accident Attorney Today
The clock is running from the moment your crash happens. The earlier you get a lawyer involved, the more options you have and the stronger your case becomes. Contact Bill T. Wells’s office today for a free consultation. The phones are answered 24 hours a day, and Spanish-speaking clients can speak with the team directly. Se Habla Español.