San Antonio Semi Truck Accident Lawsuit Deadline: Texas's 2-Year Statute of Limitations

The statute of limitations for a personal-injury lawsuit in Texas — including truck accidents — is two years from the date of injury. This is codified in Texas Civil Practice and Remedies Code § 16.003. You have a two-year window to file in court. That's it. No extensions for figuring things out, no "well, I was still healing" exception. The law is the law.

Why two years? Historically, state legislatures set SOL to balance the plaintiff's right to sue against the defendant's need for finality. They don't want defendants to live under threat of lawsuit forever. Two years is common for personal injury across the country, but some states use three or four. Texas chose two. That matters when you're building your case, because it means you can't afford to sit around.

In San Antonio and across Bexar County, personal-injury cases are filed in the District Courts. If your case hasn't been filed before the two-year mark, it's not just late — it's barred forever. No trial, no settlement, nothing. The defendant's lawyer will move to dismiss, and the court will grant it without even looking at the merits of your case.

The clock starts the day of your accident, not the day you figured out you were hurt. Not the day you saw a doctor. Not the day you hired a lawyer. The day of the crash is Day 1. Every day after that counts down toward your two-year deadline.

The statute of limitations clock starts the moment your truck accident happens — the date and time of the crash. Not when you discovered your injuries. Not when a doctor confirmed your injuries. The law assumes you knew something happened to you at the moment of impact.

Texas does recognize a "discovery rule" in some circumstances, but it's narrow. The discovery rule says the SOL clock might start when you discovered — or should have discovered with reasonable diligence — that you had an injury caused by someone else's negligence. But for truck accidents with obvious injuries (broken bones, whiplash, visible trauma), the discovery rule almost never applies. You knew you were hit. You knew it hurt.

There's one narrow exception: latent injuries. If you were hit by a truck and suffered an injury that didn't become apparent for months (rare, but it happens), the clock might start when you discovered that injury. But this is a high bar, and it requires clear evidence that the injury was hidden and that you acted diligently once you discovered it.

For the overwhelming majority of San Antonio truck-accident cases, the clock starts on the date of the accident, period. If your accident happened on April 15, 2024, your deadline is April 15, 2026. If you file on April 16, you're one day late, and your case is barred.

A few situations can extend the statute of limitations beyond two years.

Minors. If the person injured in the truck accident was a minor (under 18 at the time of the crash), the two-year clock doesn't start until they turn 18. So if a 14-year-old was injured on April 15, 2024, they don't have to file until April 15 of the year they turn 20 (or shortly thereafter). This is a common exception because minors are presumed not to have the legal capacity to manage their own lawsuits.

Mental incapacity. If the injured person was legally deemed mentally incapacitated at the time of the accident or during the two-year period, the clock might be extended. This is also narrow and fact-specific.

Defendant out of state. If the person or company you're suing was out of Texas when your two-year window was closing, the SOL might be tolled (paused). This rarely matters in truck-accident cases, since most trucking companies are reachable in Texas or have commercial agents registered with the state.

Government defendants. If you're suing a government agency or government employee in their official capacity, Texas has a different timeline. You typically have to file a notice of claim within six months of the accident, and your actual lawsuit follows a different schedule. This is important if your truck was hit by a government vehicle or on state highway property where TxDOT was negligent.

Wrongful death. If the truck-accident victim died, the two-year SOL still applies to the wrongful-death lawsuit, but there are nuances about which family members can sue and when.

If you don't file your lawsuit before the two-year deadline expires, your case is barred under the statute of limitations. The defendant doesn't have to prove their innocence. They don't have to address the merits. They file a motion to dismiss based solely on the late filing, and the court grants it.

Once the deadline passes, it's final. There's no "if I had just known" or "I was too injured to hire a lawyer." The law is strict.

This means several things:

• You can't recover damages for the accident, no matter how serious your injuries or how clear the defendant's fault.
• You can't even negotiate a settlement, because the defendant knows your case is legally worthless.
• Any insurance settlement you might have negotiated during the two-year window becomes irrelevant — if the deadline passed and you didn't sign a release, you have no claim to enforce.
• Medical liens (bills from your healthcare providers) can't be paid from a lawsuit, and you may be personally liable for unpaid medical debt.

In Bexar County courts, judges enforce the statute of limitations strictly. A San Antonio truck-accident attorney will make sure your case is filed well before the deadline, typically months in advance to account for any delays in gathering evidence or negotiating.

If you've been in a truck accident in San Antonio or Bexar County, here's what you should do immediately to protect your right to sue:

1. See a doctor. Get a medical evaluation as soon as possible. Document your injuries in a medical record. This creates a paper trail and begins the process of proving damages.

1. Report the crash to police. Get the full crash report from the San Antonio Police Department or the Texas Department of Public Safety (DPS), depending on where the accident occurred. The CR-3 form is the official record.

1. Gather contact information. Get the truck driver's name, license number, company name, and insurance information at the scene. Get witness names and contact info. Take photos of the scene and vehicle damage.

1. Don't sign anything. Don't sign a settlement, release, or statement with the insurance company without talking to a lawyer first. Insurance adjusters are trained to minimize payouts.

1. Contact an attorney. Call a San Antonio truck-accident lawyer within the first few weeks. You don't need to wait until you're fully recovered. An attorney can file a claim with the insurance company and manage the case timeline.

1. Preserve evidence. Keep all medical records, receipts, photos, texts, and emails related to your injuries. Don't delete anything.

1. Track your damages. Keep a log of lost wages, medical bills, and pain-and-suffering details. Your attorney will need this to value your case.

You have two years, but don't waste it. The sooner you move, the sooner you can put the accident behind you.