How Long Do You Have to File a Car Accident Lawsuit in Texas?

One of the first questions Austin car accident victims ask is how much time they have to take legal action. The answer matters more than most people realize — not just because missing the deadline forfeits your right to compensation entirely, but because the clock also determines how quickly evidence needs to be preserved, how soon witnesses need to be contacted, and when certain legal procedures must begin. Understanding Texas’s filing deadline and the exceptions that can shorten or extend it is essential for anyone injured in an Austin car accident.

More about

Texas car accident lawsuits are governed by a two-year statute of limitations under Texas Civil Practice and Remedies Code §16.003. This means that for most personal injury claims arising from a car accident in Austin, you have exactly two years from the date of the crash to file a lawsuit in court. Miss that deadline — even by a single day — and the court will dismiss your case regardless of how strong the evidence of negligence is or how severe your injuries are. The at-fault driver walks away owing you nothing.

Austin car accident lawyers emphasize to every client that the two-year window is not an invitation to wait. Building a strong case takes time — gathering medical records, obtaining crash reports, subpoenaing phone records, securing expert witnesses, and negotiating with insurance companies before litigation. The clients who get the best outcomes are the ones who retained an attorney early, preserved the right evidence, and gave their legal team time to work. Waiting until month 23 puts you at a serious disadvantage even if you technically file before the deadline.

The Texas Statute of Limitations: What You Need to Know

The Standard Two-Year Deadline

For most Austin car accident victims — drivers, passengers, and pedestrians hurt by a negligent driver — the two-year clock starts running on the date of the crash. This applies to claims for medical expenses, lost wages, pain and suffering, and property damage. If your injuries develop or are discovered after the crash date, a limited discovery rule may adjust when the clock starts, but this exception is narrow and fact-specific. Do not assume it applies to your situation without consulting an attorney.

Wrongful Death Cases

If a loved one was killed in an Austin car accident, Texas allows surviving family members to file a wrongful death lawsuit under Texas Civil Practice and Remedies Code §71.002. The two-year deadline in wrongful death cases runs from the date of death — which in most cases is the same as or very close to the crash date, but in cases where a victim survives the crash and later dies from their injuries, the clock resets to the date of death. The survival action, which allows recovery for the victim’s own pre-death pain and suffering, runs from the crash date.

When the Government Is Involved

If a government entity — TxDOT, the City of Austin, Travis County — contributed to your crash through a road design defect, malfunctioning signal, or construction zone hazard, the filing rules are different and more demanding. Texas’s Texas Tort Claims Act requires you to provide formal written notice to the responsible government entity within six months of the crash before you can file a lawsuit. Missing this notice requirement can permanently bar your claim against the government even if the two-year personal injury deadline has not expired. If a government entity may have contributed to your crash, get legal help immediately.

Minor Victims and the Statute of Limitations

When a child is injured in an Austin car accident, Texas law tolls — pauses — the statute of limitations until the child turns 18. From that birthday, the child has two years to file their own personal injury claim. However, a parent or guardian can file on behalf of a minor child before the child turns 18, and in many cases doing so is advisable because evidence and witness memories fade. Waiting until a child comes of age to file is legally permissible but practically costly.

The Problem With Waiting

Beyond the legal deadline, delay creates practical problems that weaken even valid claims. Surveillance footage from traffic and business cameras is typically overwritten within 30 days. Witnesses become harder to locate and their memories less reliable. Treating physicians may note gaps in care that insurers characterize as evidence the injury was not serious. Physical evidence from the crash scene changes or disappears. The insurance adjuster on the other side is working from day one — you should be too.

Why an Austin Car Accident Attorney Should Be Your First Call

An experienced Austin car accident attorney can assess your specific deadline situation — including any government notice requirements, minor victim tolling, or discovery rule arguments — and make sure every procedural requirement is met. They can also begin the investigative work immediately: preserving footage, documenting your injuries, and building the evidentiary foundation that produces strong settlements and stronger verdicts. Most personal injury lawyers in Austin handle these cases on a contingency fee — no upfront cost, no fee unless you recover. There is no financial reason to delay. The statute of limitations makes delay a legal risk you cannot afford to take.

Here are more locations we serve around Austin, Texas
a href=”https://www.shawcowart.com/cedar-park-car-accident-lawyer/” target=”_blank” rel=”noopener”>Cedar Park
George Town
Hutto
Kyle
Leander
Pflugerville
Round Rock
San Marcos