Texas car accident statute of limitations

A Killeen car accident claim generally has to reach a courthouse within two years of the crash date, per section 16.003(a) of the Texas Civil Practice and Remedies Code. Miss that date on a standard case, and the right to sue is gone for good, regardless of how strong the evidence was.

The calendar fills up faster than it feels like it will

Two years sounds generous the week after a wreck. It rarely feels that way by month eighteen. Treatment can run for months on its own, especially with imaging, physical therapy, or a specialist referral. Negotiating with an insurer takes weeks or months more, often longer if the company drags its feet near the end. Add time spent tracking down records, witness statements, and a copy of the crash report, and a two-year window can start to look thin well before it closes. Waiting to see how you feel before you take the first steps eats into that runway for no good reason.

Kids get extra time

If the person hurt in the crash was a minor, Texas generally pauses the two-year count until that child turns 18. The claim doesn’t vanish just because a kid can’t file a lawsuit on their own. A parent’s own separate claim, for things like medical bills paid out of pocket, usually runs on the standard adult clock, so it’s worth sorting out early which claim belongs to whom.

A death moves the start date

When a crash victim dies from their injuries, the deadline for a wrongful death claim still runs two years under section 16.003(b), but the counting begins the day the person died rather than the day of the wreck. That distinction matters most when someone survives an injury for weeks or months before passing.

Government defendants play by tighter rules

A crash involving a city vehicle, a school bus, or a public road defect can trigger notice requirements far shorter than two years, sometimes measured in months, before a claim can even move forward. If a government entity might share any blame, that clock deserves attention right away, not once the standard deadline starts to feel close.

Filing and settling aren’t the same finish line

Reaching the two-year mark doesn’t mean a case has to be finished, just filed. Most claims still settle through negotiation, and a lawsuit filed close to the deadline can keep negotiating for months afterward. What the deadline actually protects is your ability to ask a court to step in if a fair number never shows up on its own — a right worth knowing what your case might be worth before you give it up.

There isn’t a grace period once the date passes, and courts rarely make exceptions for a deadline someone simply didn’t know about. If you’re unsure where your case stands on the calendar, a car wreck lawyer can check the actual date that applies to you at no cost, before it becomes the only thing standing between you and a claim.