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  • Writer's pictureRobert Schuerger

Understanding the Truck Accident Statute of Limitations in Texas

Truck accidents aren't rare in Texas. Unfortunately, those involved in crashes and other incidents caused by these huge commercial vehicles can sustain serious injuries or even die.


However, injured people and victims' surviving family members are entitled to compensation for all damages related to these accidents and have the right to initiate legal action against other parties to hold them accountable for their behavior.


In Texas, there's a limit on how much time victims have to file a truck accident lawsuit. It's important to understand these laws and seek help from an experienced attorney to begin the legal process before this critical filing period expires. They can also help explain the oil rig accident statute of limitations in Texas.


The Statute of Limitations for a Texas Truck Accident Claim

The Statute of Limitations for a Texas Truck Accident Claim


Like other states, Texas has set a deadline for filing a personal injury lawsuit against the party who caused a truck accident and injured or killed someone else.


In most cases, victims must take legal action within two years of the truck accident or injury occurring. Once this period expires, they may lose their right to sue the responsible party.


If victims die, their surviving family members can file a wrongful death claim against the person or entity that caused the accident.


Texas has also set a deadline for filing truck accident lawsuits that involve the wrongful death of a person. Surviving family members, including spouses and dependents, have two years to bring legal action against the at-fault party.


However, in these cases, the statute of limitations doesn't begin when the accident or injury occurs but when the victim dies.


Failing to file a personal injury claim before the legal deadline expires can have serious consequences for victims, as this delay would destroy their opportunities to recover compensation for their injuries and losses.


If someone is involved in a commercial vehicle crash caused by someone else's negligence or recklessness, they or their family members should seek help from a seasoned truck accident lawyer as soon as possible. They can also assist with the motorcycle accident statute of limitations in Texas.


What If the Truck Accident Involved Government Workers?

Although the two-year deadline often applies to most personal injury lawsuits, the statute of limitations may vary when truck accidents involve government workers.


If the driver who caused the accident was a worker for a Texas government agency, victims must start the legal process by filing a notice of claim within six months from the accident date.

Plus, under the Texas Tort Claims Act, injured people are required to file a formal lawsuit within 18 months of the incident occurring.


However, truck accident cases involving government workers are complex. The filing process may take longer because the claim must be submitted to the specific department the defendant was working for when they caused the incident and injured others.


Exceptions to the Statute of Limitations for a Truck Accident in Texas


Under certain circumstances, the deadline for filing a truck accident lawsuit in Texas may be paused or extended. This often occurs when injuries aren't apparent and victims cannot advocate for themselves or when they're unable to make decisions on their own.


The following are the exceptions to the statute of limitations that Texas laws recognize:


Discoverability

If victims don't discover the cause of action before the statute of limitations expires, this period may be paused until it's considered discoverable.


Minority

In this state, the statute of limitations can be paused if truck accident victims are minors. Once they turn 18, injured parties will have two years to file a lawsuit against at-fault parties and seek compensation.


Mental Disability

When victims cannot file a lawsuit because they're of unsound mind, the statute of limitations can be tolled until they become mentally capable of initiating legal action.


Plaintiffs must understand the legal process and know that a lawsuit is being filed on their behalf for the statute of limitations to resume.


Fraud

Sometimes, defendants commit fraud in an attempt to conceal the cause of action and avoid the legal consequences of a truck accident. In these cases, the statute of limitations can be tolled until victims find out or should have reasonably discovered this.


Absence of the State

If the defendant isn't in Texas when victims plan to bring legal action against them, the filing deadline may be paused until they return to the state.


Military Service

Texas laws state that the statute of limitations may be temporarily paused if the plaintiff is on active military duty. This deadline can be extended for a reasonable period after that in certain cases.


Should Victims Try to Pause or Extend the Statute of Limitations?


Although the statute of limitations can be paused or extended under certain circumstances, that doesn't mean all cases will qualify for one of these exceptions.


Victims must prove that there's a good reason why they didn't file the claim within the legal timeframe. Otherwise, their request to pause or extend this period will be rejected, and they may lose the right to take legal action.


People who were harmed or lost a loved one in a truck accident should contact a personal injury attorney to get their cases evaluated, determine if pausing or extending this period is a good idea, or start the legal process to hold at-fault parties accountable.


What a Texas Truck Accident Attorney Can Do for Victims

What a Texas Truck Accident Attorney Can Do for Victims


After a truck accident, victims may feel overwhelmed and stressed. They'll see their bills piling up and have to deal with the physical pain or emotional trauma caused by this horrible experience.


With so many things in mind, it's difficult to prepare solid personal injury lawsuits and file them before the statute of limitations expires.


However, an experienced truck accident lawyer can help injured people or victims' family members build strong cases to recover the compensation they deserve.


These are some of the tasks a personal injury lawyer can handle:


  • Collect evidence and file a legal claim

  • Interview witnesses

  • Evaluate victims' eligibility for exceptions to the Texas statute of limitations

  • Prove liability to support their personal injury claims

  • Demonstrate victims are eligible for exceptions

  • Provide legal representation


A reliable Dallas semi truck accident lawyer can also help injured people prepare their cases and file lawsuits against at-fault parties before the statute of limitations expires to recover fair compensation for their medical expenses, lost wages, and other damages.


Final Thoughts: Contact a Texas Truck Accident Lawyer Today!


Truck accident cases are complex, which can make it difficult for victims to file a lawsuit against liable parties within the legal timeframe. However, complying with the laws that have set this deadline is essential to secure the best possible outcome.


Victims should seek help from a personal injury lawyer with experience in incidents involving commercial vehicles to get the advice they need regarding these critical filing periods. Fortunately, they can find one at Schuerger Shunnarah Trial Attorneys.


Our legal professionals know how Texas laws work and are ready to help truck accident victims fight for their rights. Contact us today!

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