Statute of Limitations for Texas Car Accident Cases
How long do you have to file a case after you are in injured in a car accident? It’s important to meet with our personal injury team as soon as you can after an accident. The basic statute of limitations for a car accident is two years. Here’s a quick summary of the law.
A person must bring suit for personal injury no later than two years after the day the cause of action accrues. TEX.CIV. PRAC.&REM.CODE ANN. § 16.003(a) (West Supp. 2012). A cause of action for negligence accrues on the date the negligent, injury-producing act is committed. Dunmore v. Chicago Title Ins. Co., 400 S.W.3d 635, 641 (Tex. App.—Dallas 2013, no pet.); see also Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 514 (Tex. 1998).
There is a very limited exception for car accidents that occur on a holiday or weekend. . See TEX. CIV. PRAC. & 4–REM.CODE ANN. § 16.072 (West 2008) (“If the last day of a limitations period under any statute of limitations falls on a Saturday, Sunday, or holiday, the period for filing suit is extended to include the next day that the county offices are open for business.”
However, even if you file suit within two years your case may still be dismissed if your attorney does not exercise due diligence in serving the opposing party. Here’s the law on due diligence in Texas car accident cases.
The plaintiff must also exercise due diligence in the issuance and service of citation. Proulx v. Wells, 235 S.W.3d 213, 215 (Tex. 2007) (per curiam) (citing Murray v. San Jacinto Agency, Inc., 800 S.W.2d 826, 830 (Tex.1990)); Boyattia, 18 S.W.3d at 733. If a petition is filed within the limitations period, service of the citation outside the limitations period may still be valid if the plaintiff exercises diligence in obtaining service on the defendant. Ashley v. Hawkins, 293 S.W.3d 175, 179 (Tex. 2009). “When a defendant has affirmatively pleaded the defense of limitations, and shown that service was not timely, the burden shifts to the plaintiff to prove diligence.” Id. (citing Proulx, 235 S.W.3d at 216).
You need a law firm with the experience to get your case started the right way. Our personal injury team has collected millions for injured Texas drivers and we can use that experience to make sure your claim is litigated correctly Don’t risk your case to a law firm that doesn’t have a highly rated personal injury team. Guest and Gray Law Firm is known as the go to personal injury law firm in Kaufman and Rockwall County. We are the largest local law firm and our lawyers have amazing reviews and ratings for customer satisfaction. We have offices in Forney, Rockwall, and Kaufman. If you can not come in for a consultation, we will come to you.
If you have been injured in a car accident call us today so we can help. (972) 56-4644. Consultations and case evaluations are always free and confidential.