Texas truck accident deadlines: two years, six months and ten days

Two years to file suit

For personal injury, a lawsuit must be brought “not later than two years after the day the cause of action accrues” (Civil Practice and Remedies Code 16.003(a)). For a crash, that is usually the day of the crash. For a death, the two years run from the date of death (16.003(b)).

There are exceptions. For a child, the years of minority are generally not counted, so a child’s two years usually start at 18; the same applies to a person of unsound mind (CPRC 16.001). Exceptions are narrow and fact-specific, which is why we never rely on one without checking.

Six months for a claim against a government vehicle

If the truck belonged to a city, a county or another government unit, the Texas Tort Claims Act requires written notice of the claim within six months of the incident, describing the injury, the time, the place and what happened (CPRC 101.101). A city charter may set a shorter period. Actual notice can sometimes excuse the written notice, but no one should count on it.

Ten days for the crash report

The officer who investigates a crash with injury or death must file the Texas Peace Officer’s Crash Report (CR-3) with TxDOT within 10 days (Transportation Code 550.062). That deadline belongs to the officer, not to you, but it tells you when to look for the report. People involved, their representatives and the insurers involved can buy it for a small fee at cris.txdot.gov.

Six months of trucking logs

This is the deadline most people never hear about. A motor carrier must keep records of duty status and supporting documents for at least 6 months (49 CFR 395.8(k)). After that, unless it has been told to keep them, it may discard them. Those logs show how long the driver had been driving and on duty, which matters under the hours of service rule (49 CFR 395.3).

A preservation letter, sent early, puts the carrier on notice to keep the logs and everything else. Our article on preservation letters explains what goes in it.

Clock	How long	Source
File suit for injury	Two years from the crash	CPRC 16.003(a)
File suit for a death	Two years from the death	CPRC 16.003(b)
Notice to a government unit	Six months, or shorter by city charter	CPRC 101.101
Officer files the CR-3	Ten days	Transportation Code 550.062
Carrier keeps duty records	At least 6 months	49 CFR 395.8(k)

Why two years is shorter than it looks

Two years sounds like plenty. In a truck case it often is not, because the evidence clock is shorter than the legal one. Logs can be gone after six months, dashcam video sooner, and the truck itself can be repaired or sold. Witnesses move and forget. A case filed on day 700 can still be filed on time and yet be missing the records that would have proved it.

Texas fault rules make those records matter. You may recover if you are 50 percent or less responsible, with your recovery reduced by your share (CPRC 33.001), and trucking companies often argue about the share. The records are usually where that argument is decided, for either side.

What to do now

• Get medical care and keep every record.
• Write down the date, time and place, and keep the report number.
• Do not give the trucking company’s insurer a recorded statement before you talk to a lawyer.
• Call early, so the preservation letter goes out while the records exist.

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