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How Soon Do You Need to File a Claim After a Truck Accident in Texas?

by | Mar 24, 2023 | Truck Accidents |

Truck accidents are among the most dangerous motor vehicle collisions that occur on the road. If you incurred a permanent disability or any other type of injury in a truck accident, getting the compensation you deserve can greatly impact your quality of life. As you are probably aware, filing your claim on time is essential. Contacting a truck accident attorney in San Antonio as soon as possible will help you meet all the applicable deadlines.

How Soon Do You Need to File a Claim After a Truck Accident in Texas?

The amount of time you have to file any kind of lawsuit is determined by the statute of limitations, which varies from case to case. Truck accidents fall into the category of personal injury law. Most personal injury cases have a two-year statute of limitations. The clock starts ticking on the day the accident occurs.

Unless you qualify for an extension, you must observe the normal statute of limitations by filing your claim within two years of the accident. Here are some exceptions to this rule that may be relevant in your case:

Sustaining a Personal Injury as a Minor

When a minor sustains a personal injury, the statute of limitations is tolled until their 18th birthday. If the accident occurred before you turned 18, you have until age 20 to file your claim.

Discovering Hidden Injuries

The law recognizes that you cannot take legal action on an injury until you know that you have been hurt. Sometimes, truck accident injuries that are initially masked by adrenaline remain hidden for a time following the crash. If you suffered from hidden injuries, you are allowed to file your claim within two years of the date of discovery rather than the date of the accident.

Pursuing Compensation From an Absent Defendant

If the party that allegedly harmed you leaves the State of Texas before you have had an opportunity to file a claim, the statute of limitations will pause until they return. However, this exception rarely applies in truck accident cases because the liable party is usually the trucking company rather than the individual driver.

Filing a Claim Against the State of Texas

If your accident involved a government vehicle or a truck that was contracted by the State of Texas, you will need to file your claim within six months of the crash. This exception to the normal statute of limitations is described in the Texas Tort Claims Act.

Submitting a Wrongful Death Claim

Truck accidents often cause catastrophic injuries that result in death. If the claimant dies from their injuries, survivors can file a wrongful death claim up to two years after the date on which the deceased passed.

Ask a Truck Accident Attorney About the Statute of Limitations

Whether your accident occurred recently or several years ago, you should never assume that it is too late to file a claim. Having an experienced lawyer review your case is the best way to identify whether any exceptions to the normal statute of limitations apply.

Most truck accident attorneys offer free case assessments. Setting up a consultation gives you an opportunity to learn more about the statute of limitations and ways to maximize the value of your claim.

When Can You Claim Compensation for Injuries Sustained in a Truck Accident?

After you have determined that you are still able to file your claim within the statute of limitations, you will need to know if your injuries qualify for compensation. To have a valid claim, you and your lawyer will need to:

Demonstrate that the Truck Driver was At Fault

Texas is an at-fault state, meaning that the at-fault driver is usually liable for the damages. Therefore, your ability to collect compensation may depend on whether you or the truck driver caused the accident.

There can be some confusion around which party is actually liable. While winning your case requires you to show that the truck driver caused the accident, the compensation might actually come from their employer.

Present Convincing Evidence

Your lawyer can help you determine your eligibility for a payout by reviewing the details of your case. In order to win a personal injury lawsuit, you must have evidence that:

  • Another party caused an accident, usually through negligent actions
  • The accident caused you to become injured
  • The injury caused you to experience specific losses


Define Your Losses

Your eligibility for compensation depends on the kinds of losses you sustained, while the amount of money you can receive is determined by calculating the value of the losses. Your lawyer will help you submit a claim that reflects the real cost of the accident. Among the losses you can list are your medical expenses, missed income, pain and suffering, and decreased quality of life.

What Types of Injuries Are Common in Truck Accidents?

Trucks are among the largest vehicles on the road, giving them the potential to cause tremendous damage. Regardless of how minor or serious your injuries are, you have the right to seek compensation from the at-fault party.

Unfortunately, for many people, getting injured in a truck accident is a life-altering event. Here are some of the most common types of truck accident injuries:

  • Traumatic brain damage
  • Spinal cord damage
  • Internal organ damage
  • Internal bleeding
  • Broken bones and sprains
  • Severe whiplash


Don’t Let the Statute of Limitations Expire

The more traumatic your injuries are, the more important it is for you to seek compensation. In the case of minor injuries that have been fully treated, a settlement reflecting the damages you already incurred might be sufficient. However, traumatic injuries have the potential to impact your health and your earning capacity for the rest of your life.

If your losses are expected to add up over a long period of time, you may qualify for future medical expenses and future lost wages. As you can imagine, catastrophic truck accident claims often bring in tens of millions of dollars. We strongly advise our clients to submit their claims well within the statute of limitations to avoid being late. With so much at stake, you don’t want to risk jeopardizing your case on a technicality.

Find an Attorney in San Antonio

Our firm offers the services of compassionate personal injury attorneys who have handled countless truck accident cases. We have served the San Antonio community for over four decades, changing the lives of injured people by helping them win high settlements.

Whether you are filing on behalf of yourself or a loved one, we will treat your case as though it were our own. We can even help you find a doctor and secure a rental car. To set up a time to meet with one of our attorneys at no cost, call 210-951-2024. Our consultations are available in both Spanish and English.

While there is no way to truly compensate for the losses you are likely to have experienced after a truck accident, you should not have to pay for your injuries out-of-pocket. Our attorneys will make sure your case is backed with solid evidence and convincing arguments. Now that you are aware of the statute of limitations, it’s time to talk to a lawyer. To learn more about submitting a personal injury claim, contact Joe A. Gamez Law Firm, PLC.