What is the Statute of Limitations for a Car Accident?

If you’ve been injured in a car accident in Texas, you don’t have forever to take legal action. Texas law imposes a strict statute of limitations of two years from the date of the accident to file a personal injury lawsuit. Miss this deadline, and you may lose your right to seek compensation—no matter how strong your case is.

Two Year Statute of limitations for a car accident in Texas

This blog breaks down the Texas statute of limitations, important exceptions, and the steps you must take to protect your legal rights and recover the full value of your claim. If you're unsure whether you still have time to file, speak with a Texas car accident attorney immediately.

What is a Statute of Limitations?

The statute of limitations is a legal deadline for filing a lawsuit. In Texas, you generally have two years from the date of your car accident to file a personal injury claim against the at-fault party or their insurer. This rule applies whether you're seeking damages for physical injuries, property damage, or other losses related to the crash.

Common types of damages recoverable in a Texas car accident lawsuit include:

Medical Expenses – Emergency care, surgeries, physical therapy, and long-term treatment
Lost Wages – Income lost due to time off work during recovery
Future Earnings – Diminished earning capacity due to long-term disability
Property Damage – Repair or replacement of your vehicle and damaged personal items
Out-of-Pocket Costs – Transportation, childcare, home modifications, etc.
Pain and Suffering – Compensation for physical pain, emotional trauma, and reduced quality of life

Statute of Limitations for a Car Accident

Why Does Texas Enforce a Deadline to File Car Accident Claims?

The statute of limitations serves several purposes in the legal system. In Texas, it promotes fairness and timely action:

Preservation of Evidence: Witness memory fades, surveillance footage gets deleted, and documents can be lost over time. Prompt claims help preserve critical proof.
Legal Certainty: Both sides benefit from knowing there’s a deadline—courts avoid being overwhelmed with stale claims, and defendants gain peace of mind.
Protecting Defendants: Individuals and businesses shouldn’t face lawsuits decades after an incident. Time limits provide a reasonable closure period.

Are There Exceptions to the Two-Year Statute of Limitations in Texas?

Yes. While two years is the standard deadline, Texas law allows some exceptions that can pause or extend the clock under special circumstances:

1. Minors Involved in Car Accidents

If a minor is injured, the two-year period doesn’t start until they turn 18. This gives them until their 20th birthday to file a claim.

2. Mental or Physical Incapacity

If the injured person is incapacitated—due to a coma, brain injury, or mental disability—the clock may pause until they regain capacity.

3. At-Fault Driver Leaves Texas

If the responsible party leaves the state, the time they are gone may not count toward the two-year deadline, potentially extending your filing window.

4. Government Vehicle Accidents

If you’re hit by a government-operated vehicle (city bus, police cruiser, etc.), special rules apply. You may need to give notice within six months and follow different procedures. Consult a lawyer immediately.

5. Wrongful Death Claims

If the accident resulted in a fatality, family members generally have two years from the date of death—not the accident—to file a wrongful death lawsuit.

What Happens If You Miss the Deadline?

Missing the statute of limitations can be devastating. The court will likely dismiss your case, and you’ll lose any chance to recover compensation—even if you have a strong case. Don’t risk it. Time is not on your side.

Steps to Protect Your Right to Compensation

Here are critical actions to take immediately after a car accident in Texas to ensure you meet all legal deadlines:

Seek Medical Care: Prioritize your health and document your injuries.
Document the Scene: Take photos, collect contact info, and gather witness statements.
File a Police Report: Official documentation helps validate your claim.
Preserve All Records: Save medical bills, emails, and receipts related to your accident.
Initiate the Claim Process: Contact the at-fault driver’s insurer promptly—but don’t settle without legal advice.
Hire an Attorney: Let a professional handle negotiations, filings, and deadlines while you focus on recovery.

How long do I have to file a car accident claim in Texas?

In most cases, you have two years from the date of the accident to file a lawsuit in Texas. Exceptions may apply for minors, incapacitated individuals, or cases involving government vehicles.

What happens if I miss the filing deadline?

If you miss the statute of limitations, your case may be permanently barred, and you won't be able to recover compensation—even if your injuries are severe. Act quickly to protect your rights.

Are there exceptions to the two-year statute of limitations?

Yes. For example, minors have until age 20 to file, and time may pause if the injured person is incapacitated or the defendant leaves the state. Claims against government agencies have even shorter deadlines.

Can I still file a claim if I was partially at fault?

Yes. Texas uses a modified comparative fault rule. You can still recover damages as long as you were less than 51% at fault. Your award may be reduced by your percentage of fault.

When should I contact a lawyer after a car accident?

Immediately. A lawyer helps preserve evidence, negotiate with insurers, and ensure you don’t miss critical deadlines like the statute of limitations. The sooner you act, the stronger your case will be.

Does the statute of limitations apply to insurance claims?

The two-year deadline applies to lawsuits. Insurance claims should be filed as soon as possible after an accident—often within days or weeks—depending on your policy.

Is the deadline the same for property damage and injury claims?

Yes, in Texas, the statute of limitations for both personal injury and property damage claims from a car accident is generally two years from the date of the accident.

Can I sue after a car accident even if I didn’t feel injured right away?

Yes. Many car accident injuries—such as whiplash or brain trauma—present delayed symptoms. You still have two years from the date of the accident to file a lawsuit.

How do I know if my case qualifies for an exception?

Speak with an experienced Texas car accident attorney. They’ll assess whether your situation qualifies for tolling or an extended deadline under Texas law.

What’s the fastest way to start my claim?

Contact a qualified personal injury lawyer right away. At Francis Injury, we offer free consultations and can begin working on your case immediately to meet all deadlines.

Don't Wait—Speak With a Texas Car Accident Lawyer Today

The clock is ticking. Every day you wait, valuable evidence could disappear—and your legal rights may erode. At Francis Injury, our experienced Texas car accident attorneys are ready to fight for the compensation you deserve.

Contact us today for a free case review. We’ll handle the legal heavy lifting while you focus on healing. Call 817-329-9001 or fill out our online form to get started.

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