At Rochelle McCullough, LLP, in Dallas, our personal injury attorneys are acutely aware of how devastating truck accidents can be, having spent more than two decades fighting for the rights of their victims. The sheer size and weight of trucks make collisions especially hazardous, all too often resulting in severe injuries or even wrongful death. 

In many cases, driver or trucking company negligence is to blame.

Catastrophic injuries such as spinal cord damage, traumatic brain injuries, and 3rd-degree burns are not uncommon. In the most tragic cases, families are left to cope with the loss of a loved one. Given these high stakes, it is essential to understand the time limits for filing a truck accident claim in Texas and to have a skilled attorney to fight for your right to maximum compensation.

If you’ve been involved in a truck accident in the Dallas-Fort Worth area, don’t wait to get the help you need. Contact Rochelle McCullough to discuss your case and ensure you meet all necessary deadlines. Once you become our client, you can trust us to take over all logistical and legal matters to protect your rights.

The Statute of Limitations

The statute of limitations (SOL) is the legal time limit for filing a lawsuit. For personal injury cases, including those resulting from truck accidents, Texas law generally gives you two years from the date of the accident to file a claim. This period is outlined in Texas Civil Practice and Remedies Code Section 16.003. If you fail to file within this two-year window, you may lose your right to seek compensation through the courts.

Why Meeting the Statute of Limitations Is Crucial

The reason the SOL is so important is that the out-of-pocket expenses of a truck accident injury are likely to be exorbitant and the non-economic losses enormous. In order to restart their lives, survivors will need the resources to pay medical bills, replace lost income, pay for replacement services, and perhaps deal with ongoing disability or disfigurement as well as loss of earning power, companionship, and enjoyment of life.

Exceptions to the Statute of Limitations in Texas

While the general rule is a two-year statute of limitations, there are exceptions that can extend or shorten this period:

Discovery Rule

If the injury was not immediately apparent or discoverable, the statute of limitations may be extended. For instance, if a severe injury or medical condition only becomes evident months or years after the accident, you may be allowed additional time to file a claim.

However, proving that you were unaware of the injury or its cause can be difficult. In situations of this kind, working with a knowledgeable attorney is vital.

Minor Victims

If the injured party is a minor (under 18), the SOL is generally extended until their 18th birthday. This allows them to file a claim up to two years after they turn 18. This means that a child injured in an accident at age 10 would have until their 20th birthday to file a claim.

Fraud or Concealment

If the responsible party concealed their negligence or fraudulently hid evidence, the SOL may be extended. This is to ensure that victims who are unaware of the wrongdoing can still seek justice when they uncover it.

Claims Against Government Agencies

If the truck involved in the crash is owned or operated by a government entity, the two-year statute of limitations still applies, but there is an additional notification requirement. Under the Texas Tort Claims Act, the plaintiff is required to file a notice of claim within 180 days of the accident.

What Happens if You Miss the SOL Deadline?

Missing the statute of limitations deadline can have serious consequences. If you attempt to file a claim after the deadline has passed, the defendant can request that the court dismiss your case. Generally, the court will grant this request, and you will lose the right to pursue legal action for compensation. This underscores the importance of timely action and consultation with an attorney.

First-Party Claims and the Statute of Limitations in Texas

First-party auto insurance claims are claims made to your own insurance company, such as those involving uninsured or underinsured motorist coverage (UM/UIM). Texas law typically requires that you file a claim within two years of the date of the accident. However, it’s imperative to check your policy for specific terms and deadlines, as they can vary.

It’s Invaluable to Have One of Our Strong Attorneys at Your Side

Filing a claim for damages after a truck accident can be complicated and confusing, especially if there is any issue involving the Texas statute of limitations. Putting your case in the hands of one of our experienced truck accident attorneys gives you the best chance of a successful outcome. 

At Rochelle McCullough, our lawyers are compassionate as well as capable and have an impressive track record of winning millions in damages for our deserving clients. Contact us now to discuss your legal options and to feel the confidence that comes from knowing our skilled truck accident attorneys have your back.