If you’ve been injured in a motorcycle accident in Texas, one of the most important things to determine is how much time you have to take legal action. While you may know that you can file a claim against the responsible party for compensation, you might not realize how quickly that window can close.
Texas law sets a firm deadline for filing a personal injury lawsuit after an accident, and missing it could mean losing your right to seek damages entirely. Continue reading to learn more about how much time you have to file a lawsuit after a motorcycle accident in the Lone Star State.
The Two-Year Statute of Limitations
Under Texas Civil Practice & Remedies Code §16.003, you generally have two years from the date of your motorcycle accident to file a personal injury lawsuit. The clock starts ticking on the day the crash occurs.
If you attempt to file after the two-year period has passed, the court will almost certainly dismiss your case. At that point, it won’t matter how serious your injuries are or how clearly the other party was at fault. The law treats the deadline as final in all but a handful of circumstances.
Note as well that filing an insurance claim does not pause or extend this timeline. You should have your insurance claim completely finalized and signed prior to the deadline expiring; either that, or make sure a lawsuit has been filed by that point.
Exceptions That Can Shorten or Extend the Deadline
While two years is the standard rule, certain situations can change how much time you actually have.
If the injured rider is a minor, the statute of limitations is generally tolled until they turn 18. In most cases, this gives them until their 20th birthday to file suit. On the other hand, if your claim involves a government entity, such as a city vehicle or a road maintenance issue, you may face a much shorter timeline. Formal notice may need to be filed within as little as six months in those cases.
Another exception involves the discovery rule. In rare cases where a motorcycle accident injury doesn’t become apparent right away, the clock may not start until the injury is actually discovered or reasonably should have been. However, relying on this exception without legal guidance is risky.
If the accident resulted in a fatality, surviving family members can file a wrongful death lawsuit. That claim also carries a two-year deadline, but it’s measured from the date of death rather than the date of the crash.
Why You Shouldn’t Wait To Take Action
Despite the fact that the law gives you two years in most cases, waiting too long can weaken your case in ways that go beyond the filing deadline. For example, evidence tends to fade over time, evidence that could make or break your case. The sooner you begin the process, the easier it will be to build a successful claim.
Starting early also gives your attorney more room to investigate your crash and negotiate with insurers before a lawsuit becomes necessary.
Schedule a Free Consultation With a Texas Motorcycle Accident Attorney
Cal Mundell Law Firm, PLLC is here to help after a motorcycle accident in Texas. We’ve recovered millions of dollars for our clients to date and will work just as hard for you. Call us today at (915) 285-4626 for a free consultation to get started.