Your Clock Is Ticking: Understanding Texas Semi-Truck Injury Deadlines
From 2016 to 2022, fatal crashes involving large trucks and buses in the United States increased 25 percent, making the roads more dangerous than ever for everyday drivers. If you’ve been injured in a collision with a commercial semi-truck, you’re facing more than just physical pain and mounting medical bills—you’re racing against an invisible deadline that could permanently bar your right to compensation. Texas law imposes strict time limits on filing personal injury claims, and missing these deadlines means losing your chance at justice, regardless of how severe your injuries or how clear the truck driver’s fault may be.
💡 Pro Tip: Mark your calendar immediately with the date of your accident and count forward two years—this is your absolute deadline for filing a lawsuit in Texas courts.
Don’t let the clock run out on your chance for justice after a semi-truck accident. The Law Offices of Oscar A. Garza is here to help you navigate the critical steps needed for your claim. Give us a call at 210-732-3030 or contact us today to protect your rights before it’s too late.
Texas Two-Year Rule: What Every Semi-Truck Injury Victim Must Know
Under Texas Civil Practice and Remedies Code Section 16.003(a), you have exactly two years from the date of your injury to file a personal injury lawsuit. This statute of limitations is a law that sets a strict time limit on your right to file a lawsuit in court, and it applies equally whether you were hit by a passenger car or an 80,000-pound commercial semi-truck. The two-year countdown begins ticking from the exact date of your accident, not from when you discovered your injuries or when you finished medical treatment. For victims seeking help from a semi-truck injury lawyer in San Antonio, understanding this deadline is the first critical step in protecting your rights.
What makes semi-truck accidents particularly complex is that approximately 70% of large trucks involved in fatal crashes are heavy-duty Class 7/8 trucks, which include the massive truck-tractor semi-trailers you see on Interstate 35 and Highway 90. These commercial vehicles operate under both state and federal regulations, creating multiple layers of potential liability that require careful investigation. Your semi-truck injury lawyer in San Antonio must navigate not only Texas state law but also Federal Motor Carrier Safety Administration regulations, insurance policies worth millions of dollars, and corporate legal teams dedicated to minimizing payouts.
💡 Pro Tip: Document everything immediately after your accident—take photos, get witness information, and request the official crash report from law enforcement, as Texas maintains detailed crash records through the Crash Records Information System (CRIS).
Critical Timeline: From Crash to Courthouse in Texas
Understanding the timeline for pursuing a semi-truck injury claim helps victims avoid costly mistakes and missed opportunities. While you have two years to file a lawsuit, several important deadlines and milestones occur much sooner that can significantly impact your case’s success. Working with a semi-truck injury lawyer in San Antonio becomes essential to navigate these time-sensitive requirements while you focus on recovering from your injuries.
- Day 1-30: Seek immediate medical treatment and begin documenting all injuries, even those that seem minor initially
- Day 1-90: If your accident occurred within San Antonio city limits and involved city property or vehicles, you must file written notice with the City Manager or City Clerk within 90 days per San Antonio Charter Section 150
- Month 1-6: Investigation phase where evidence is gathered, including driver logs, maintenance records, and data from the truck’s electronic logging device before it’s destroyed or overwritten
- Month 6-18: Medical treatment continues while your attorney negotiates with insurance companies and builds your case value based on Texas crash data analysis and statistics showing injury severity patterns
- Month 18-24: Final push to either reach a fair settlement or file your lawsuit before the two-year statute of limitations expires
💡 Pro Tip: Commercial trucking companies are required to maintain driver logs and vehicle data for only six months to one year—delaying your claim could mean losing crucial evidence that proves negligence.
Finding the Right Semi-Truck Injury Lawyer in San Antonio Before Time Runs Out
When facing a two-year deadline with potentially life-changing injuries, choosing the right legal representation becomes crucial. The Law Offices of Oscar A. Garza understands the unique challenges semi-truck accident victims face, from dealing with multiple insurance policies to uncovering violations of federal trucking regulations. A dedicated semi-truck injury lawyer in San Antonio will immediately send preservation letters to trucking companies, preventing the destruction of evidence while building a comprehensive case that addresses both your immediate medical needs and long-term recovery costs.
Texas law doesn’t just impose deadlines—it also provides powerful tools for holding negligent trucking companies accountable. Your attorney can access Texas Civil Practice and Remedies Code Chapter 16 provisions that may extend or modify limitation periods in specific circumstances, such as when injuries aren’t immediately apparent or when defendants attempt to hide evidence. The key is starting early, as building a strong semi-truck injury case requires extensive investigation, accident reconstruction, and coordination with medical professionals who can document the full extent of your injuries.
đź’ˇ Pro Tip: Many semi-truck injury lawyers work on contingency fees, meaning you pay nothing unless they win your case—don’t let financial concerns prevent you from seeking help within the critical two-year window.
Hidden Dangers: Why Semi-Truck Claims Demand Immediate Action
Semi-truck accidents create unique legal challenges that make early action essential, even with a two-year filing deadline. Commercial trucking companies and their insurers begin their defense strategy immediately after a crash, often sending investigators to the scene within hours. They understand that evidence degrades, witnesses forget details, and injured victims may accept lowball settlements when facing mounting medical bills. This aggressive approach means victims need equally proactive legal representation.
Evidence That Disappears Without Quick Legal Action
Electronic logging devices, which track driver hours and compliance with federal rest requirements, must retain data for at least six months as required by Federal Motor Carrier Safety Administration regulations. Surveillance footage from nearby businesses or traffic cameras may be deleted within days or weeks. Skid marks fade, vehicle damage gets repaired, and witness memories become less reliable over time. A semi-truck injury lawyer in San Antonio knows exactly what evidence to preserve and can issue legal holds preventing destruction of crucial proof. Without this immediate intervention, proving the truck driver exceeded hours of service limits or the company failed to maintain their vehicle becomes nearly impossible, even with Texas’s two-year filing deadline.
đź’ˇ Pro Tip: Request the investigating officer’s crash report number immediately and monitor TxDOT’s CRIS database for when the official report becomes available—this document often contains crucial initial findings about fault.
Exceptions and Complications to Texas’s Two-Year Rule
While Texas Civil Practice and Remedies Code Section 16.003(a) clearly establishes a two-year limitation period for personal injury claims, several exceptions and complications can alter this deadline in semi-truck accident cases. Understanding these nuances prevents costly assumptions that could bar your claim despite having a valid case. The complexity of commercial trucking accidents often involves multiple defendants, interstate commerce issues, and insurance coverage disputes that require experienced legal analysis.
When Different Deadlines May Apply
If your loved one died in a semi-truck accident, Texas Civil Practice and Remedies Code Section 16.003(b) provides a two-year statute of limitations for wrongful death claims, but this period begins from the date of death, not the date of the accident if they’re different. Government-owned vehicles trigger shorter notice requirements—claims against Texas Department of Transportation vehicles or municipal trucks require specific notices within six months. Interstate trucking accidents may involve federal jurisdiction with different procedural requirements. Additionally, if the truck driver fled the scene or the trucking company deliberately concealed evidence, the discovery rule might extend your filing deadline beyond two years from the accident date.
đź’ˇ Pro Tip: Keep a detailed journal of how your injuries progress over time—some conditions like traumatic brain injuries or spinal damage may not fully manifest until months after the accident, potentially affecting your claim’s value.
Frequently Asked Questions
Common Concerns About Texas Semi-Truck Injury Deadlines
Victims of semi-truck accidents often have pressing questions about the legal process and time limits. Understanding these deadlines and requirements helps you make informed decisions about your case while there’s still time to act effectively.
💡 Pro Tip: Write down all your questions before meeting with an attorney—the stress of accidents often makes people forget important concerns during consultations.
Taking Action Within Texas Time Limits
The two-year statute of limitations might seem like plenty of time, but semi-truck injury cases require extensive preparation. Understanding what happens at each stage helps you work effectively with your legal team and avoid last-minute scrambles that could weaken your case.
💡 Pro Tip: Create a dedicated email folder for all accident-related correspondence and regularly back it up—digital organization helps your attorney access crucial information quickly.
1. What happens if I miss the two-year deadline to file my semi-truck injury lawsuit in Texas?
Missing the two-year statute of limitations typically means losing your right to pursue compensation through the courts forever. Texas judges must dismiss cases filed after the deadline, regardless of how severe your injuries or clear the truck driver’s fault. The only exceptions involve rare circumstances like fraudulent concealment of evidence by the defendant or mental incapacity of the victim. This harsh reality makes consulting with a San Antonio semi-truck injury attorney as soon as possible crucial for protecting your rights.
2. Does the two-year deadline apply if I’m still receiving medical treatment for my truck accident injuries?
Yes, the two-year statute of limitations runs from the date of your accident, not when your treatment ends or when you reach maximum medical improvement. Many semi-truck accident victims require years of ongoing treatment, surgeries, and rehabilitation. Your Texas semi-truck injury lawsuit must account for future medical needs and file within two years even if you’re still recovering. Experienced attorneys work with medical professionals to project future care costs within the filing deadline.
3. Can I still file a claim if the trucking company is based outside of Texas?
Yes, you can typically file your semi-truck injury claim in Texas if the accident occurred here, regardless of where the trucking company is headquartered. Texas courts have jurisdiction over accidents within state borders, and many interstate trucking companies regularly operate here. Your San Antonio truck accident attorney will determine the proper venue and ensure all defendants are properly served within the two-year limitation period, whether they’re based in Texas or another state.
4. What’s the difference between filing an insurance claim and filing a lawsuit within two years?
Insurance claims and lawsuits are separate processes with different deadlines. You can file an insurance claim immediately after your accident and should do so quickly. However, if insurance negotiations fail to produce fair compensation, you must file a formal lawsuit within two years to preserve your rights. Many Texas truck injury claims settle without litigation, but having a lawsuit filed protects you if negotiations break down near the deadline.
5. How much does it cost to hire a semi-truck accident lawyer before my deadline expires?
Most semi-truck injury compensation San Antonio attorneys work on contingency fees, meaning you pay nothing upfront and no attorney fees unless they win your case. Initial consultations are typically free, allowing you to understand your rights and options without financial risk. Attorneys advance case expenses like expert witnesses and accident reconstruction, recovering these costs from your settlement or verdict. This arrangement ensures accident victims can access quality legal representation regardless of their financial situation during recovery.
Work with a Trusted Semi-Truck Injury Lawyer
Time is your enemy after a semi-truck accident in Texas. With only two years to file your claim and evidence disappearing daily, securing experienced legal representation quickly can mean the difference between full compensation and receiving nothing. The complexities of Texas truck accident litigation, from federal regulations to multiple insurance policies, require attorneys who understand both the law and the trucking industry. Don’t let the statute of limitations expire while hoping the insurance company will treat you fairly—protect your rights by consulting with a qualified attorney who can evaluate your case and take immediate action to preserve evidence and meet all deadlines.
Time waits for no one, especially when it comes to filing your semi-truck injury claim. Reach out to The Law Offices of Oscar A. Garza for guidance on safeguarding your rights before the deadline slips away. Contact us today at 210-732-3030 or contact us to get started on the path to justice.