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Ask most people how long they have to bring a truck accident claim in Texas and they'll say two years. That's basically right — and it's also the most misleading true fact in this area of law. The filing deadline is not the deadline that decides your case. The evidence deadline is, and it is dramatically shorter.
The two-year filing deadline
Texas law generally gives an injured person two years from the date of the injury to file a personal injury lawsuit. Miss it and the claim is almost always barred permanently, no matter how strong it was.
There are exceptions and wrinkles — claims involving minors, wrongful death claims, and claims against governmental entities all follow different rules, and government claims in particular can require formal notice within months. If any of that might apply to you, get advice early rather than assuming.
The deadline nobody tells you about
Here is what actually costs people their cases. The proof lives on equipment and in filing cabinets controlled by the company you'll be suing:
- Black box (ECM) data — records speed, braking, and throttle around the crash. The truck keeps driving, and that data can be overwritten.
- Electronic logging device records — show whether the driver was over hours. Federal retention requirements are measured in months, not years.
- Dashcam and facility video — commonly recycled on a loop within weeks.
- The vehicles themselves — repaired or sold for scrap long before a lawsuit is filed.
- Driver and maintenance files — subject to retention schedules, not permanent preservation.
None of this is a conspiracy. It's ordinary business record-keeping. But the effect is the same: wait eighteen months to call a lawyer and you may hold a timely lawsuit with no way left to prove it.
What a preservation letter does
A spoliation letter is formal notice to the carrier that specific evidence is relevant to a claim and must be preserved. Once it lands, destroying that evidence carries consequences in court. It only works if it arrives before the records are gone — which is why the first weeks matter so much more than the second year.
What this means for you
- Mark the crash date. Your two-year clock started that day.
- Treat the real deadline as weeks, not years — that's when the evidence decisions get made.
- Don't wait for treatment to finish before calling. Investigation and treatment run in parallel.
- If a government vehicle or entity may be involved, ask about notice deadlines immediately.
The consultation is free, and acting early costs you nothing. Waiting can quietly cost you everything — not because the deadline passed, but because the proof did.
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