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What are the Time Limits to File a Truck Accident Claim?

Statutes of limitations

Accidents can happen in an instant when you least expect them. When an accident happens, it can be devastating, and the injuries an accident victim incurs are likely to be serious. You and your family need to concentrate on your medical treatment as a priority, but also be careful not to allow too much time to go by before you speak with an experienced Houston truck accident attorney.

Texas law places a general limit of two years from the time of the injury to file a personal injury lawsuit.

Preserving Evidence

While you have up to two years to file a lawsuit, that does not mean you should wait. The longer you wait, the harder it may become to prove your case. A lot of evidence could be lost or destroyed before you file your case. You should always talk to an experienced Houston personal injury attorney as soon after the accident as possible.

Trucking companies could lose or even destroy information that could be crucial to your case. For example, you may need to have access to the maintenance records of the truck and to the driver’s log showing how many hours the driver was on the road prior to the accident. These important details are necessary in proving your case, and if you wait too long to file, you might find these records are no longer available.


Over time, drivers, passengers, and other witnesses of the accident may not remember the details of the collision as vividly as they did at first. It is always best to start the legal process when you can so your attorney can depose witnesses while they still have a strong memory of the crash. Once people cannot recall some details of the crash, their testimony becomes less important and can not always be considered reliable.

Your attorney will want to depose witnesses as soon after the accident as they can so the information is still fresh in their minds. The same holds true for video or surveillance footage that may have captured the accident. If you fail to obtain these recordings soon after the crash, they may no longer be available when you need them to prove your case.


The law will preclude you from filing a case after two years. If you try to file a case after that time, it is likely that your case will be thrown out because it does not meet the legal deadlines. Remember that your attorney will need some time to investigate, evaluate, and process information to file the case. Therefore, do not wait to start looking for a lawyer.


Call the Texas Trucking Accident Attorney

You can get the truck crash evaluation you need from our skilled Houston truck accident attorneys by calling 281-893-0760!


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About Greg Baumgartner

Truck accident lawyer Greg Baumgartner
Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representation and personalized attention to every client.