Dallas Truck Crash Attorney: Understanding Texas's 2-Year Statute of Limitations

In Texas, the statute of limitations for personal injury claims—including those arising from commercial truck crashes—is two years. This deadline is codified in [Texas Civil Practice & Remedies Code § 16.003](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). The clock begins on the date the injury occurs, not on the date you discover it or seek treatment.

Two years sounds like a lot of time until it isn't. In Dallas truck accident cases, that window is compressed by one critical reality: the evidence is disappearing in the meantime. Federal regulations require motor carriers to maintain certain records for specific periods, but those periods are often shorter than two years. Once the retention period expires, there are no federal penalties for destroying records—and many do.

That's why preservation must start immediately. When your case reaches Dallas County Civil Court—which handles personal injury litigation at 600 Commerce Street in downtown Dallas—the judge will closely scrutinize whether evidence was preserved before your preservation letter arrived. That's why sending it early is critical.

Texas recognizes the discovery rule, which can delay when the statute of limitations clock begins. Under this principle, the clock starts when the plaintiff discovers—or should have discovered in the exercise of reasonable care—the injury, not necessarily on the date of the crash.

This matters in truck accident cases where injuries aren't immediately apparent. Soft-tissue damage, traumatic brain injury, and internal injuries sometimes don't surface until days or weeks after the collision. A reasonable person might not realize they have a serious claim until after diagnostic imaging or specialist evaluation.

That said, the discovery rule has limits. Once a reasonably prudent person would recognize the injury exists, the clock is running—regardless of whether you've formally named the responsible party. The motor carrier's insurance company will argue the date it started. That's a reason to act quickly: the longer you wait, the weaker your discovery-rule argument becomes. In practice, once you've had medical evaluation or noticed significant pain and dysfunction, courts consider you to have discovered the injury.

Several circumstances can suspend (toll) the statute of limitations clock in Texas.

Minors and legal incapacity: If the plaintiff is a minor, the clock doesn't start until they turn 18. If the plaintiff is legally incapacitated at the time of the crash, the clock may not run until competency is restored.

Government defendants: Suing a government entity (city, county, state) is subject to stricter timelines and notice requirements, often much shorter than two years. A plaintiff must file a notice of claim within 90 days to 6 months, depending on the entity.

Fraudulent concealment: If the defendant actively hides evidence of wrongdoing, the deadline can extend beyond two years. This requires clear proof that the defendant deliberately concealed the injury or its cause.

Non-resident defendants: While some jurisdictions have special rules, federal diversity cases in Texas generally don't suspend the state statute of limitations.

In most truck accident cases, none of these exceptions apply. The two-year window stands, and a preservation letter is your first defense.

If you file a lawsuit after the statute of limitations has expired, the defendant's attorney will file a motion to dismiss based on the statute of limitations defense. The case will be dismissed, and—in most cases—you will have no right to appeal that dismissal on the merits. The claim is gone permanently.

This is not a discretionary outcome; it's mandatory. A judge has no power to extend the deadline once it's passed, and "I didn't know I had a deadline" is not a valid excuse.

In commercial trucking cases, this finality is especially harsh because the stakes are often high. A truck-versus-vehicle collision involving a Class 8 semi often results in severe or fatal injuries. Settlements in these cases can run into millions of dollars. Missing the deadline by even one day forecloses recovery entirely.

This is why early legal consultation and evidence preservation are not optional—they're essential risk management. Contact an attorney as soon as possible after a truck crash.

Before you file a lawsuit, you must preserve evidence. Commercial motor carriers have a legal duty not to destroy or hide evidence once they're on notice that a claim may arise—a principle called the duty to preserve. If they knowingly destroy evidence after that notice, it's called spoliation and can result in sanctions, adverse inferences, or even additional damages.

The problem: they're on notice the moment an accident happens. A preservation letter—sent from an attorney to the motor carrier, the trucking company's insurer, and the vehicle owner—demands that they preserve:

• Electronic logging device (ELD) data
• Driver qualification files (DQF)
• Dispatch records and communications
• [Hours-of-service (HOS) records](https://www.fmcsa.dot.gov/regulations/hours-service) maintained under federal FMCSA standards
• Maintenance and inspection logs
• DOT medical certification and renewal history
• Post-accident drug and alcohol test results (critical for cases involving serious injuries treated at Level 1 trauma centers like Parkland Memorial Hospital)
• Photographs and scene documentation

If your accident occurred on high-traffic corridors like I-45 through the Dallas metroplex, where trucks move goods constantly, evidence preservation becomes even more time-sensitive. Texas courts favor preservation letters because they establish a clear record of when the defendant was on notice. Delaying this step puts you at serious disadvantage.

Send the letter early—ideally within days of the crash. This single action can mean the difference between a recoverable case and a lost one.