An injured person's right to file a Texas car accident lawsuit hinges on compliance with the statute of limitations.
Updated 6/03/2025
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No matter what kind of traffic accident you've been involved in, if you're thinking of making a claim for injuries or vehicle damage after a crash in Texas, one of the most important laws to understand is the state's statute of limitations for lawsuits over car accidents.
Texas Car Accident Lawsuit Filing Deadlines
A "statute of limitations" is a law that sets a time limit on the right to take legal action. After a car accident, a statute of limitations determines the deadline by which a lawsuit must be filed by anyone seeking compensation for crash-related losses.
In Texas, the statute of limitations that will apply to a car accident lawsuit depends on whether the action involves:
- car accident injuries
- vehicle damage
- someone's death, or
- the potential liability of the government.
The Texas Car Accident Injury Lawsuit Deadline
The statute of limitations deadline for most injury-related car accident lawsuits is the same as the larger one that applies to most kinds of personal injury cases in Texas. Specifically, according to Texas Civil Practice & Remedies Code section 16.003, any claim for injury—whether filed by a driver, passenger, motorcyclist, bicyclist, electric scooter rider, or pedestrian—must be filed within two years of the date of the accident.
The Texas Property Damage Lawsuit Deadline
The same two-year deadline applies if you're filing a lawsuit over vehicle damage after a car accident. Get more details on property damage claims in Texas.
Texas's Wrongful Death Law and Car Accident Lawsuits
If someone died as a result of the accident, and their family member or other representative wants to file a Texas wrongful death lawsuit against the at-fault driver who caused the crash, the two-year deadline likely applies, but under Texas law the running of the clock could be paused or "tolled" for up to one year. And keep in mind that the "clock" doesn't start running until the date of the deceased person's death, which might be different from the date of the accident.
What If Government Negligence Caused My Texas Car Accident?
If you were injured or had your vehicle damaged in an incident that was pretty clearly caused by the negligence of a government employee in Texas—you were rear-ended by a city bus, for example—any claim you file will need to follow a special set of rules.
You'll need to provide notice of your claim within a shorter time limit (usually six months), and give the state or municipality a chance to respond to your allegations. Learn more about filing a claim under the Texas Tort Claims Act.
Does the Statute of Limitations Apply to Car Insurance Claims?
No. The statute only applies to lawsuits filed in court. Chances are you'll file a car insurance claim pretty quickly after a crash. But that doesn't mean you shouldn't keep the statute of limitations in mind.
Remember, even if you're pretty sure your case will be resolved through the car insurance claim process, it's always a good idea to leave yourself plenty of time to file a lawsuit if you need to. That'll give you more leverage during settlement negotiations.
What If I Miss the Texas Car Accident Statute of Limitations Deadline?
If the statute of limitations deadline has passed, but you try to file your lawsuit anyway, the person you're trying to sue will be all too happy to bring this to the court's attention. They'll bring a motion to dismiss, and the court will almost certainly grant it, unless a rare exception applies to alter the deadline.
Can the Texas Car Accident Lawsuit Deadline Be Extended?
In Texas, the statute of limitations deadline for filing a car accident lawsuit might be extended, in a few pretty specific situations. Let's look at two of the most common of these.
Car Accident Claims by Minors and People Under "Legal Disability" in Texas
If the person who was injured in the crash is or was "under a legal disability" when the accident happened or at some point afterward (meaning they were under 18 or "of unsound mind") the two-year "clock" probably won't start running until the period of legal disability is over (meaning the injured person turns 18 or becomes mentally competent).If the Person Who Caused the Car Accident Leaves Texas
If the person who you think caused your car accident leaves the state before you can file a lawsuit against them, the time of absence probably won't count as part of the statute of limitations period—the clocks is paused during the absence, in other words.
More Information and Help After a Texas Car Accident
If you're thinking about taking legal action after a car accident, get the details on more Texas laws that could affect your car accident case.
If you have questions about the statute of limitations, or if the filing deadline is coming up, it might make sense to contact an experienced legal professional. Learn more about when you might need a car accident lawyer.
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