Overview

While untangling the chaos left behind by an 18-wheeler accident can cause significant stress, it’s crucial to understand your legal rights and the time you have to act. In this blog post, David W. Starnes Attorney At Law will break down the statute of limitations for these cases, explain why you need to act promptly, and provide tips on gathering evidence to strengthen your claim. By the end, you’ll be equipped with the knowledge required to secure the justice you deserve.

Highlights

Introduction

Accidents involving 18-wheelers can lead to extensive property damage and life-altering injuries. Victims may face physical difficulties, emotional challenges, and financial pressures from medical bills, lost income, and other expenses. Pursuing compensation through legal channels is a critical step toward recovery. The legal system imposes rigid time limits for submitting claims, referred to as statutes of limitations.

In this blog post, David W. Starnes Attorney At Law will explore the statute of limitations for 18-wheeler accident cases in Texas, explain its importance, and provide actionable insights to help you effectively navigate the legal process.

What Is a Statute of Limitations?

A statute of limitations is a legal rule defining the timeframe within which a claim needs to be filed after an incident occurs. In Texas, personal injury cases, including those involving 18-wheeler accidents, must typically be filed within two years of the accident date.

In summary, this deadline applies to:

  • Personal injury claims: You must file within two years to seek compensation for injuries sustained in the accident.
  • Wrongful death claims: If a loved one tragically passes away in an 18-wheeler accident, the statute of limitations will start from the date of their death.
  • Property damage claims: Claims for vehicle or property damage also fall under the two-year statute of limitations.

Failing to meet the filing deadline can result in the forfeiture of your right to pursue compensation. That’s why it’s so important to work with an experienced attorney who knows the law inside and out—they can guide you through the process and ensure your case is handled with care.

Why Does Acting Quickly Matter After an 18-Wheeler Accident?

Missing the statute of limitations results in procedural hiccups and can shut the door on your chance to seek justice altogether. Acting quickly ensures you meet the required deadline, preserves evidence, builds a strong case, and gives you the best shot at the compensation you deserve.

Here are some key reasons why acting quickly matters after an 18-wheeler accident.

Preserves Evidence

Over time, critical evidence, such as crash site photos, truck maintenance records, and driver logs, may be lost or destroyed. Acting quickly allows your legal team to secure this information before it’s too late.

Ensures Witness Availability

The memories of witnesses can fade, and their availability may change. Early contact ensures that their statements remain reliable and that they can be used effectively in your case.

Strengthens Negotiations

Showing a strong preparedness to proceed with a lawsuit often encourages insurance companies to promptly propose fair settlements.

Helps To Avoid Legal Complexities

Failure to comply with the statute of limitations can lead to legal disputes over possible exceptions or extensions, further complicating an already challenging process.

What Factors Impact the Statute of Limitations?

The statute of limitations might seem straightforward, but in 18-wheeler accident cases, unique circumstances can come into play that could affect how it applies.

Factors that could impact the statute of limitations include the following.

The Discovery Rule

In some instances, injuries or damages may not be immediately apparent. For example, a victim might discover internal injuries or psychological trauma weeks after the accident. Under Texas law, the statute of limitations may begin either on the date the injury occurred or, in certain situations, on the date the injury was discovered or should have reasonably been discovered.

Claims Against Government Entities

If the 18-wheeler accident involved a government-owned vehicle, special rules and shorter filing deadlines may apply. In Texas, filing a notice of claim within six months is often required before pursuing a lawsuit.

The Involvement of Minors or Incapacitated Individuals

When a minor or a person deemed legally incapacitated is involved, the statute of limitations may be tolled—i.e., paused—until they reach legal adulthood or regain the capacity to act on their own behalf.

The Involvement of Multiple Defendants

In cases involving multiple at-fault parties—such as the truck driver, trucking company, and manufacturers of defective parts—different legal considerations and deadlines may apply. It’s essential to identify all liable parties early to ensure compliance with the law.

Are There Exceptions to the Statute of Limitations?

Meeting the statute of limitations is expected of you following an auto accident with an 18-wheeler, but life isn’t always so straightforward. Some circumstances could give you extra time to file your claim.

For example, if the at-fault party hid important details or provided false information, the deadline may be extended. The time required to meet the statute of limitations could also be temporarily paused if the defendant files for bankruptcy or if active military duty affects either party due to federal protections.

These situations aren’t always easy to resolve, which is why having a Texas attorney in your corner can make all the difference. They can review your case, identify any potential extensions, and guide you through the process. Furthermore, they can work with the judge to discuss possible exceptions and extensions.

Take the Next Step Toward Compensation

The statute of limitations for 18-wheeler accident cases determines your ability to pursue justice and fair compensation. Delaying action can compromise critical evidence, make it harder to secure witness testimony, and weaken your claim.

David W. Starnes Attorney At Law specializes in representing individuals injured by 18-wheeler trucks, offering skilled legal representation that’s fair, compassionate, and focused on securing the maximum compensation clients like you deserve. Don’t let time work against you. Call us at (409) 835-9900 to protect your rights.