What Is the Texas Truck Accident Statute of Limitations?
Under Texas Civil Practice & Remedies Code §16.003, you have exactly 2 years from the date of a truck accident to file a personal injury lawsuit. This deadline is absolute — missing it typically means your case is permanently barred. For commercial vehicle crashes involving FMCSA-regulated carriers, the clock starts on the accident date, not when injuries are discovered.
Critical Evidence to Preserve in the First 72 Hours
Black Box Data (Event Data Recorder)
Commercial trucks built after 2012 contain Event Data Recorders (EDR) that capture speed, braking patterns, engine data, and driver actions for 30 days before and after a crash. Send a preservation letter to the trucking company within 24 hours to prevent deletion. Request this data before the 30-day window closes.
Driver Hours-of-Service Logs
FMCSA regulations limit commercial drivers to 11 hours of driving within a 14-hour window. Request electronic logging device (ELD) records to determine if fatigue was a factor. Violations of hours-of-service rules can establish negligence per se.
Truck Maintenance Records
Under FMCSR Part 396, trucking companies must maintain inspection and repair records. Look for brake maintenance history, tire replacement records, and any prior out-of-service violations. Neglected maintenance is a common basis for holding trucking companies directly liable.
Dashcam and Surveillance Footage
Request dashcam footage immediately — many trucking companies overwrite footage within 72 hours. Also check for nearby business surveillance cameras that may have captured the crash sequence.
Who Can Be Held Liable for an 18-Wheeler Crash?
Multiple parties may bear responsibility for a commercial vehicle crash. The truck driver may be liable for negligent driving behavior. The trucking company can be held liable for negligent hiring, inadequate training, or forcing drivers to violate hours-of-service rules. The shipper may be liable if cargo was overloaded beyond legal weight limits. The truck manufacturer may be liable for defective parts.
Average Truck Accident Settlements in Bexar County
Based on Bexar County District Court filings and jury verdict data, truck accident settlements in the San Antonio area typically range from $50,000 for minor injuries to over $1 million for catastrophic injuries requiring long-term care. Cases with attorney representation settle for 4–5 times more on average than cases without legal representation.
Texas Comparative Negligence and How It Affects Your Claim
Texas follows a modified comparative negligence rule with a 51% bar. If you are found to be more than 50% responsible for the accident, you cannot recover any damages. If your level of fault is 50% or less, your recovery is reduced by your percentage of fault. This means documented evidence of the other party's negligence is critical.
How Comparative Negligence Impacts Settlement Negotiations
Insurance adjusters use comparative negligence as their primary leverage tool, often overstating your percentage of fault to reduce settlement offers. An attorney investigates and builds evidence to minimize your attributed fault percentage before negotiations begin.
Statute of Limitations Exceptions for Texas Truck Accidents
Three main exceptions can extend or toll the 2-year deadline: fraudulent concealment (if the trucking company hid evidence), minority status (if the victim was under 18 at the time of the crash), and out-of-state defendants (which affects service of process rules).