The truck accident statute of limitations in Texas appears to be 2 years from the date of the crash (Tex. Civ. Prac. & Rem. Code § 16.003(a)). Wrongful death generally runs 2 years from the date of death. If a government vehicle or entity was involved, formal written notice is generally required first, on its own clock: often 90 days or less by city charter. The evidence clock is shorter than all of them.
Before you rely on these numbers
The statutory figures on this page have not yet been verified against current statute text by a licensed attorney. They are published with their citations so they can be checked, and they should be treated as a starting point for a conversation with a Texas lawyer — not as a legal conclusion. Statutes change: Florida cut its personal injury period in half in 2023 and Louisiana doubled its own in 2024.
Your deadlines in Texas, calculated
Enter the date of your crash and the tool below will work out both clocks — the legal filing deadline and the much shorter window before the proof can be destroyed. Texas is already selected. Nothing you type is sent anywhere.
What makes Texas different
Texas allows something most states do not: a city charter can set a notice period SHORTER than the Tort Claims Act's six months, and many major Texas cities do — some as short as 45 days. There is no single Texas government deadline to work to. If a municipal vehicle was involved, the specific city's charter has to be checked immediately, because the answer can be six weeks rather than six months.
The four Texas deadlines that matter
| Deadline | Period | Runs from | Citation |
|---|---|---|---|
| Personal injury lawsuit | 2 years | the date of the crash | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Wrongful death claim | 2 years | the date of death | Tex. Civ. Prac. & Rem. Code § 16.003(b) |
| Notice — state entity | 6 months | the date of the crash | Tex. Civ. Prac. & Rem. Code § 101.101(a) |
| Notice — city, county or district | Often 90 days or less by city charter | the date of the crash | Tex. Civ. Prac. & Rem. Code § 101.101(b) |
Claims against a government entity in Texas
The shortest government notice window found for Texas — Often 90 days or less by city charter (Tex. Civ. Prac. & Rem. Code § 101.101(b)). This is the deadline that quietly ends claims: it comes due long before the ordinary filing deadline, it is a precondition to suing rather than a suggestion, and missing it usually bars the claim entirely no matter how strong the case is.
Texas Tort Claims Act notice within six months — this covers TxDOT vehicles and state agency trucks. Texas expressly allows a city charter to set a SHORTER notice period than six months, and many major cities do — some as short as 45 days. Check the specific city's charter immediately.
Public fleets you could realistically be hit by in Texas: TxDOT maintenance trucks, county precinct road equipment, DART, METRO and VIA buses, municipal fleets, and school district buses. If you are not certain whether the vehicle that hit you was one of these, work to the shorter deadline until somebody confirms otherwise. The downside is not symmetrical.
If the injured person was a minor
Tolled to age 18 in Texas under Tex. Civ. Prac. & Rem. Code § 16.001 — the clock generally does not start until the injured person turns 18. Tort Claims Act notice periods are not tolled the same way.
That pause applies to the court deadline. It does not apply to the evidence. A carrier is entitled to destroy a driver's logs six months after the crash whether the injured person is 8 or 38, and in many states a government notice deadline is not tolled for a child either. A tolled filing deadline and an untouched evidence deadline is the most dangerous combination on this page.
When the Texas clock starts
Limited. Texas applies the discovery rule only where the injury is inherently undiscoverable and objectively verifiable.
Why the evidence clock in Texas is much shorter
Texas's filing deadline is 2 years. The federal retention rules that govern the trucking company are measured in weeks and months:
- Dashcam and telematics video — often 30 days or less. No federal retention requirement — vendor and carrier policy only.
- ECM / black box data — overwritten as the tractor keeps running, and routinely lost when it is repaired or resold.
- Driver logs and records of duty status — six months (49 CFR § 395.8(k)(1)).
- Maintenance and repair records — one year while the vehicle is in the carrier's control (49 CFR § 396.3(c)).
- Annual inspection report — 14 months (49 CFR § 396.21(b)(1)).
The way to stop those clocks is a preservation letter to the carrier — a written demand that specific evidence be kept. Until it arrives, destroying records at the end of a retention period is routine and lawful. Our FMCSA regulations and evidence guide explains what each of these records contains.
Truck traffic in Texas
Texas carries more truck freight than any other state. Laredo is the busiest land port of entry in the United States, and the Permian Basin's oilfield traffic on US-285 and SH-302 involves some of the heaviest and most dangerous loads on American roads.
The corridors where these crashes concentrate: I-35 (Laredo–San Antonio–Austin–Dallas), I-10 (El Paso–San Antonio–Houston), I-45 (Dallas–Houston), I-20 (West Texas–Dallas) and US-59/I-69 and the Permian Basin routes.
For Texas's comparative fault rules, damages caps and a deeper look at these corridors, see our Texas truck accident lawyer page.
Neighbouring states have different clocks
A crash a few miles across a state line can be governed by a completely different deadline. If you are not certain which state your crash happened in — near a border, on a bridge, or on an interstate you were travelling at speed — check both.
| State | Injury deadline | Wrongful death |
|---|---|---|
| New Mexico | 3 years | 3 years |
| Oklahoma | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| Louisiana | 2 years | 2 years |
Or use the filing deadline calculator to compare any state, and the full state index for all 50 states and D.C.
What to do next in Texas
- Get a preservation letter to the carrier. This is the most time-critical step and the one almost nobody hears about.
- Confirm whether a government entity was involved. That answer can replace your 2 years deadline with a far shorter notice window — Often 90 days or less by city charter.
- Do not give a recorded statement to the trucking company's insurer.
- Request the Texas crash report, which identifies the carrier, the DOT number and the insurer.
- Have a lawyer licensed in Texas confirm the dates above against the current statute.
Sources
- Hours of Service — records of duty status retention — 49 CFR § 395.8 (Federal Motor Carrier Safety Administration)
- Inspection, Repair, and Maintenance — record retention — 49 CFR Part 396 (Federal Motor Carrier Safety Administration)
- Accident register requirements — 49 CFR § 390.15 (Federal Motor Carrier Safety Administration)
- Large Truck and Bus Crash Facts — Federal Motor Carrier Safety Administration
Federal regulations and crash statistics are updated periodically. Figures cited on this page reflect the referenced publications at the time of writing; check the source for the current edition.