Texas Statute of Limitations for Car and Large Truck Accidents

Posted in Truck Accidents on September 10, 2019

Involvement in a car or large truck accident can be an earth-shattering experience that affects various areas of your life and cost you thousands in damages. While most may want to rest, recover, or completely forget about the accident afterward, doing so may actually be more of a detriment to your circumstances.

It’s no secret that a car or truck accident brings piles of debt to the victim, and in order to effectively fight off debt collectors, victims must first fight for the compensation they are owed. 

Yet the court doesn’t allow an infinite amount of time to do this for specific reasons that our experienced McAllen car accident attorney from the De La Garza Law Firm will discuss in today’s post.

 What is a Statute of Limitations?

A statute of limitations is a strict rule applied by the court that sets a specific time limit to file a lawsuit after an accident or injury has occurred which warrants a legal remedy. This rule limits the amount of time you have to file your claim, making it important to start working towards recovering your losses soon after an accident or injury takes place.

The main purpose of a statute of limitations is to protect the defendant by preventing a lawsuit from affecting them in the far future. It also exists to preserve vital pieces of evidence, most of which would be much more difficult to properly evaluate in court as more time passes. Since witness testimony and personal memories may degrade and become fuzzy after a long period of time, the rule ensures that this specific evidence is to be evaluated soon and, therefore, in a more reliable manner.

 At the De La Garza Law Firm, we help our clients that have gone through the devastating consequences of a motor vehicle accident understand the urgency of working within the Texas statute of limitations in order to get the full compensation they deserve. 

 Exploring the Statute of Limitations in Texas for Motor Vehicle Accidents

 Depending on your specific type of accident or injury, determining when your limitation period starts and expires can prove difficult. However, an experienced car or truck accident attorney can help you determine the specific time frame you have to file.

Should the need arise, an attorney could potentially argue that your personal injury claim from a motor vehicle accident is still legitimate, and they may be able to have the case still be heard in court.This usually happens when:

  • The person injured in a car or truck accident was under the age of 18.
  • The victim was declared legally incompetent or incapacitated when the injury occurred.
  • The responsible party made a wrongful or fraudulent attempt to hide information regarding the cause of the injury and/or their role in causing said injury.
  • The responsible party attempted to move from the state in which the accident occurred, or attempted to hide within the state, before the claim could be filed.

 In Texas, the statute of limitations designates a two (2) year period to file a large truck or a car accident claim. The following are applicable claims related to a car or truck accident:

  • Personal Injury Lawsuit – The start date begins when the victim’s injury is first discovered.
  • Wrongful Death – The start date begins on the day of the injured person’s death. An exception in a wrongful death case can be made that halts the rule for a maximum of one year.
  • Property Damage – The start date begins when damage is first discovered.

 It is important to know that the Texas statute of limitations requires you to file a lawsuit within the rule’s time period. However, it does not dictate that your case should be tried in court or be heard by a jury during that time period.

If you have recently suffered injury from a car or large truck accident at the hands of a negligent driver, reach out to the De La Garza Law Firm for a dependable McAllen truck accident attorney that will fight for the justice you deserve. Contact us at (956) 533-1426 for your FREE consultation today.

During the COVID-19 crisis, De La Garza Law is open for business and continues to be available to existing and new clients through virtual meetings and teleconferences. We can handle all of your legal needs without you leaving your house. Please, call (956) 533-1426 or contact us here to be connected to our attorneys who can get to work on your case.