When to File a Lawsuit After a Pickup Truck Accident in Dallas

Get a Free Case Review

SERIOUS ATTORNEYS FOR SERIOUS INJURIES

Practice Areas

FREE CONSULTATION
five-stars-BBGgold

Chandler Ross is the best hands down! You can not go wrong with these attorneys!

— Tracy P.

A pickup truck accident in Dallas can leave you dealing with serious injuries, mounting medical bills, and a lot of unanswered questions. One of the most important questions you need to answer quickly is whether to file a lawsuit, and if so, when. Knowing the right time to take legal action can be the difference between recovering full compensation and walking away with nothing. If you were hurt near I-35E, US-380, or anywhere else in the Dallas area, the clock on your legal rights starts ticking from the moment of impact.

Table of Contents

Texas Law Sets a Two-Year Deadline to File a Pickup Truck Accident Lawsuit

Texas Civil Practice and Remedies Code Section 16.003 gives injured people two years from the date of their accident to file a personal injury lawsuit. Miss that deadline, and a Texas court will almost certainly dismiss your case. You lose your right to seek compensation for medical bills, lost income, pain, and every other harm the crash caused you.

The two-year clock starts on the day of your accident, not the day you hire an attorney or the day you finish treating your injuries. Say a pickup truck runs a red light near the Denton County Courthouse and T-bones your car on January 15, 2026. You have until January 15, 2028, to file your lawsuit in a Texas civil court.

Wrongful death claims follow a slightly different rule. Under Section 16.003(b) of the same statute, the two-year period for a death claim begins on the date the injured person dies, not the date of the crash. So if someone survives the initial collision but dies from their injuries weeks later, the family’s deadline runs from the date of death.

Two years can feel like a long time when you are focused on recovery. But building a strong pickup truck accident case takes time. Gathering the Texas Department of Transportation CR-3 crash report, securing witness statements, obtaining medical records, and working with accident reconstruction professionals all require careful preparation. Starting early gives your attorney the best chance to build a complete picture of what happened and who is responsible.

Chandler Ross Injury Attorneys represents injured people in Denton, Dallas, and across North Texas. If you were hurt in a pickup truck crash, call us at (940) 800-2500 for a free consultation. Every day you wait is a day closer to losing your right to recover.

Certain Situations Can Pause or Extend the Two-Year Filing Deadline

Texas law recognizes that some accident victims cannot file a lawsuit within the standard two-year window. In those situations, specific rules allow the deadline to be paused, a process called “tolling.” Knowing whether one of these exceptions applies to your situation can be critical.

If the injured person is a minor, the two-year period does not begin until their 18th birthday. Under Texas Civil Practice and Remedies Code Section 16.001, a child injured in a pickup truck crash in Dallas has until their 20th birthday to file. A parent or guardian can file on the child’s behalf before that date, but the deadline is not lost if they do not.

Mental incapacity is another recognized exception. If a crash causes a traumatic brain injury or another condition that leaves the victim legally incapacitated, the statute of limitations may be paused until the person regains legal capacity. This is especially relevant in serious pickup truck accidents where catastrophic head injuries are common.

If the at-fault driver leaves Texas after the accident and before a lawsuit is filed, the time they spend outside the state does not count toward the two-year deadline under Texas Civil Practice and Remedies Code Section 16.063. This prevents a negligent driver from simply relocating to avoid being sued.

There is also the discovery rule. In rare cases where an injury is not immediately apparent, the two-year clock may not start until you knew or reasonably should have known about the injury. This exception is narrow and requires solid evidence, so do not rely on it as a backup plan.

If your claim involves a government-owned pickup truck, such as a city of Dallas vehicle or a county fleet truck, different rules apply. The Texas Tort Claims Act requires you to file a formal notice of claim within six months of the incident, which is far shorter than the standard two-year window. Working with experienced personal injury lawyers from the start ensures you do not miss these shorter deadlines.

When a Pickup Truck Defect Is Involved, a Separate Products Liability Deadline Applies

Not every pickup truck accident is caused by driver error. Sometimes a defective part, a faulty brake system, or a flawed vehicle design contributes to the crash. When that happens, you may have a products liability claim against the truck’s manufacturer or seller in addition to a negligence claim against the driver.

Texas Civil Practice and Remedies Code Section 16.012 sets a 15-year statute of repose for products liability claims. This means a lawsuit against a manufacturer or seller must be filed within 15 years of the date the product was first sold. If your pickup truck was sold more than 15 years ago, a defect claim may be time-barred even if the two-year personal injury deadline has not passed.

Within that 15-year window, the standard two-year statute of limitations still applies. You must file your products liability lawsuit within two years of the injury, and the case must fall within 15 years of the product’s original sale date. Both deadlines must be satisfied.

Consider a real-world example. A 2015 Ford F-150 with a known suspension defect causes a rollover crash on I-35E near Lewisville Lake in 2026. The vehicle was sold in 2015, so the 15-year statute of repose runs through 2030. The injured driver still has two years from the crash date to file, but cannot file after 2030 regardless of when the injury was discovered.

Products liability claims are complex. They often require engineering experts, vehicle inspection reports, and manufacturer records. The sooner you contact a truck accident lawyer after your crash, the sooner that evidence can be preserved before it is lost or destroyed.

Why Filing Sooner Rather Than Later Protects Your Pickup Truck Accident Claim

The two-year deadline is the legal minimum. Waiting until the last possible moment to file a lawsuit puts your case at a serious disadvantage. Evidence fades, witnesses move away, and critical records get destroyed or become harder to obtain.

The Texas Transportation Code Section 550.065 allows you to request the official CR-3 crash report from TxDOT, which documents the investigating officer’s findings, contributing factors, and vehicle information. That report is a foundational piece of evidence. But physical evidence at the crash scene, such as skid marks near the Dallas North Tollway or debris patterns at a Denton County intersection, disappears quickly.

Surveillance footage from nearby businesses or traffic cameras along roads like US-380 or Loop 288 near Denton is often overwritten within 30 to 90 days. Dashcam footage from other vehicles involved in the crash may be deleted even sooner. Black box data from the pickup truck itself, which records speed, braking, and steering inputs in the seconds before impact, can be overwritten if the vehicle is repaired or totaled and processed through an insurance claim.

Witness memories also fade over time. A bystander who saw a pickup truck run a stop sign near the University of North Texas campus may remember the details clearly in the days after the crash but struggle to recall specifics a year later. Getting recorded statements early locks in testimony before memory degrades.

Insurance companies know that time weakens cases. Adjusters often delay negotiations, hoping claimants will either accept a low settlement or run out of time to file. Filing a lawsuit, or at least retaining an attorney who signals your readiness to file, changes the dynamic entirely. It tells the insurance company you are serious, and it preserves your legal rights while negotiations continue.

Signs That You Should Stop Negotiating and File a Lawsuit

Most pickup truck accident cases in Dallas settle without going to trial. But settlement is not always possible or fair, and some situations clearly call for filing a lawsuit rather than continuing to negotiate with an insurance company.

If the insurance company has denied your claim outright, a lawsuit may be your only path to compensation. Denials often happen when liability is disputed, when the insurer claims their driver was not at fault, or when the policy limits are contested. A filed lawsuit forces the insurer to defend the denial in court, where a judge or jury evaluates the evidence.

Low settlement offers are another signal. If the offer does not cover your medical expenses, lost wages, future care costs, and pain and suffering, negotiation alone may not move the needle. Filing a lawsuit opens the door to formal discovery, where your attorney can compel the production of driver records, maintenance logs, and other evidence that strengthens your position.

When the at-fault driver is uninsured or underinsured, filing a lawsuit against that driver directly, combined with an uninsured motorist claim under your own policy, may be necessary to recover full compensation. Texas requires insurers to offer uninsured and underinsured motorist coverage, though drivers can reject it in writing.

If your injuries are severe, such as a spinal cord injury, traumatic brain injury, or an amputation, the stakes are too high to leave your recovery to chance. These cases involve significant future medical costs and lost earning capacity that insurance adjusters routinely undervalue. Working with a car accident lawyer who understands the full scope of your damages ensures that a lawsuit, if necessary, is filed with the evidence and expert support needed to succeed.

Chandler Ross Injury Attorneys serves clients throughout Denton, Dallas, and the surrounding North Texas communities. Call (940) 800-2500 today to discuss your pickup truck accident case with our legal team. We will review your situation at no cost and help you understand your options before time runs out.

FAQs About When to File a Lawsuit After a Pickup Truck Accident in Dallas

How long do I have to file a lawsuit after a pickup truck accident in Dallas, Texas?

Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of your accident to file a personal injury lawsuit. If you miss this deadline, a Texas court will almost certainly dismiss your case and you will lose your right to seek compensation. Wrongful death claims follow the same two-year rule, but the clock starts on the date of the victim’s death rather than the date of the crash.

What happens if the pickup truck that hit me was owned by a government agency?

If the at-fault vehicle was owned or operated by a city, county, or state agency, the Texas Tort Claims Act applies. You are required to file a formal notice of claim with the appropriate government entity within six months of the incident. This is much shorter than the standard two-year personal injury deadline, so acting quickly and contacting an attorney right away is essential when a government vehicle is involved.

Can I still file a lawsuit if I was partially at fault for the pickup truck accident?

Yes, Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code Section 33.001. You can still recover compensation as long as you are not more than 50 percent responsible for the accident. However, your total recovery is reduced by your percentage of fault. For example, if a jury finds you 20 percent at fault and awards $100,000, you would receive $80,000. This is why accurately establishing fault through evidence like the CR-3 crash report and witness statements matters so much.

Does it matter if my injuries did not show up right away after the pickup truck crash?

Texas recognizes a “discovery rule” that can delay the start of the two-year deadline in cases where an injury is not immediately apparent. However, this exception is narrow and applies only when the injury was genuinely impossible to discover at the time of the accident. For most pickup truck accident injuries, including soft tissue damage, back injuries, and concussions, symptoms may take days to appear but the standard two-year deadline still applies from the crash date. Seeing a doctor immediately after your accident creates a medical record that connects your injuries to the crash, which protects your claim.

Should I wait until I finish medical treatment before filing a lawsuit?

No. Waiting until you complete all medical treatment before filing a lawsuit can be risky, especially if treatment extends close to the two-year deadline. You can file a lawsuit while still receiving medical care, and the full scope of your injuries and future treatment costs can be addressed during the litigation process. Filing early preserves your legal rights, secures critical evidence, and puts pressure on the insurance company to negotiate fairly. An attorney can manage the legal process while you focus on recovery.

More Resources About FAQs & Intent-Based Topics