If you have been in a truck wreck, filing a timely claim is essential. Regardless of the injuries you sustained or the proof of negligence, failing to file on time can prevent you from recovering compensation.
The statute of limitations for Houston truck accident cases is two years. While this rule has some exceptions, waiting too long often prevents you from collecting damages. Consult a knowledgeable truck collision attorney to determine how to begin the claims process.
Understanding the Statute of Limitations
A statute of limitations (SOL) establishes a time period for filing a legal claim. Its purpose is to ensure that defendants can access the evidence they need to defend against a claim.
In Texas, the SOL for personal injuries is shorter than required to protect defendants. Part of this may be because the state is interested in reducing the uncertainty regarding potential personal injury claims and encouraging a speedy resolution.
The SOL is an affirmative defense, and courts do not automatically dismiss claims brought outside of the deadline. Instead, defendants must assert that the claim is time-barred, which means filing outside that period is possible.
However, failing to assert an SOL defense when one is available is akin to legal malpractice, so a time-barred claim is unlikely to be successful. A hardworking lawyer in Houston could provide more information about how an SOL applies to truck collision cases.
What is the State’s Statute of Limitations?
According to the Texas Civil Practice & Remedies Code § 16.003, the SOL for truck wrecks in Houston is two years, which begins on the accident date.
A few exceptions allow plaintiffs to bring claims outside of the statutory period. However, the injured person must prove why they are entitled to bring a claim outside of the presumed two-year limitations period.
Minors
If a minor’s parent or guardian files a claim on their behalf, it may have resolved the issue and prevented future litigation. However, if their parents fail to pursue the claim, the child has two years after they turn 18 to do so.
Parties With Disabilities
People with mental disabilities may also be able to file outside of the two-year SOL. Injured parties who are mentally incapacitated at the time of the accident may pause the clock until they regain capacity. Additionally, if an individual is permanently incapacitated, the clock may stop until a guardian is appointed.
Defendant Behavior
The SOL can be tolled if a defendant hides their responsibility for a wreck. This exception is unlikely to apply in truck crashes, where investigations usually reveal causes before that time. However, if the facts support a conclusion that a defendant hid their responsibility for the collision, the SOL may not apply.
In addition, the filing deadline can be paused if a defendant leaves the state. Determining whether that exception applies may depend on whether the injured party can locate the defendant to pursue a case against them.
Talk to a Houston Attorney About the Statute of Limitations for Truck Accident Cases
The statute of limitations is one of the biggest hurdles many injured parties face when pursuing damages. If the claim is time-barred and there are no exceptions, then even deserving individuals cannot recover compensation.
It is essential to schedule a consultation with legal counsel to discuss a case before the SOL expires, even if you are still determining whether to pursue a claim. Talk to a dedicated personal injury attorney to learn more about the statute of limitations for Houston truck accident cases today.