Laredo is the busiest inland port on the southern border, and nearly everything that crosses heads north on I-35. Add I-10, I-45, I-20 and the Permian Basin, and Texas has more heavy truck traffic than just about anywhere.
The truck accident statute of limitations in Texas appears to be 2 years from the date of the crash (Tex. Civ. Prac. & Rem. Code § 16.003(a)). Wrongful death generally runs 2 years from the date of death. If a government vehicle or entity was involved, formal written notice is generally required first, on its own clock: often 90 days or less by city charter. The evidence clock is shorter than all of them.
How current these numbers are
A licensed attorney checked these Texas figures against the cited statutes on 2026-09-20. Statutes still change (Florida cut its injury period in half in 2023; Louisiana doubled its own in 2024), so confirm with a Texas lawyer before you rely on them.
Texas truck traffic, from I-35 on down
I-35 through San Antonio, Austin and Dallas is one of the most congested truck corridors in the country, with constant construction and stop-and-go traffic. I-10 stretches from El Paso to Houston through long, empty desert where fatigue is a problem. In the Permian Basin around Midland and Odessa, oilfield trucks crowd two-lane roads and crashes are frequent. Houston's port and refineries feed tankers and container trucks onto I-10 and I-45. Summer heat stresses tires and engines, and sudden storms along the Gulf Coast can flood roads in minutes. In the Panhandle, winter ice and wind bring their own trouble.
Texas carries more truck freight than any other state. Laredo is the busiest land port of entry in the United States, and the Permian Basin's oilfield traffic on US-285 and SH-302 involves some of the heaviest and most dangerous loads on American roads. Crashes pile up on I-35 (Laredo–San Antonio–Austin–Dallas), I-10 (El Paso–San Antonio–Houston), I-45 (Dallas–Houston), I-20 (West Texas–Dallas) and US-59/I-69 and the Permian Basin routes.
How the clock plays out: a crash on I-35
Say you're northbound on I-35 near San Marcos when a tractor-trailer hauling freight from Laredo rear-ends you in slowing traffic. The driver works for a Mexican carrier that partnered with a US company, and the load was arranged by a broker in Dallas. Sorting out who's responsible takes time. Crossing records, ELD data and dispatch logs from all those companies don't stay put. The sooner you ask, the more is still there.
What makes Texas different
Texas allows something most states do not: a city charter can set a notice period SHORTER than the Tort Claims Act's six months, and many major Texas cities do — some as short as 45 days. There is no single Texas government deadline to work to. If a municipal vehicle was involved, the specific city's charter has to be checked immediately, because the answer can be six weeks rather than six months.
Texas filing deadlines at a glance
| Deadline | Period | Runs from | Citation |
|---|---|---|---|
| Personal injury lawsuit | 2 years | the date of the crash | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Wrongful death claim | 2 years | the date of death | Tex. Civ. Prac. & Rem. Code § 16.003(b) |
| Notice — state entity | 6 months | the date of the crash | Tex. Civ. Prac. & Rem. Code § 101.101(a) |
| Notice — city, county or district | Often 90 days or less by city charter | the date of the crash | Tex. Civ. Prac. & Rem. Code § 101.101(b) |
If a government vehicle was involved in Texas
Shortest government notice window found for Texas: Often 90 days or less by city charter (Tex. Civ. Prac. & Rem. Code § 101.101(b)). It comes due long before the ordinary deadline, it's a precondition to suing, and missing it usually bars the claim entirely. Texas Tort Claims Act notice within six months — this covers TxDOT vehicles and state agency trucks. Texas expressly allows a city charter to set a SHORTER notice period than six months, and many major cities do — some as short as 45 days. Check the specific city's charter immediately.
Public fleets you could realistically be hit by here: TxDOT maintenance trucks, county precinct road equipment, DART, METRO and VIA buses, municipal fleets, and school district buses. Not sure the vehicle was one of these? Work to the shorter deadline until someone confirms otherwise.
If the injured person was a minor
Tolled to age 18 in Texas under Tex. Civ. Prac. & Rem. Code § 16.001. The clock generally doesn't start until the injured person turns 18. Tort Claims Act notice periods are not tolled the same way. That pause covers the court deadline, not the evidence: a carrier may destroy a driver's logs six months after the crash no matter the injured person's age, and in many states a government notice deadline isn't tolled for a child either.
When the Texas clock starts
Limited. Texas applies the discovery rule only where the injury is inherently undiscoverable and objectively verifiable.
Your Texas dates, calculated
Enter your crash date. Texas is preselected, and nothing you type is sent anywhere.
The evidence clock runs faster than 2 years
- Dashcam and telematics video: often 30 days or less (No federal retention requirement — vendor and carrier policy only).
- ECM / black box data: overwritten as the tractor runs; often lost on repair or resale.
- Driver logs: six months (49 CFR § 395.8(k)(1)).
- Maintenance records: one year while the vehicle is in the carrier's control (49 CFR § 396.3(c)).
- Annual inspection report: 14 months (49 CFR § 396.21(b)(1)).
Until a written preservation letter reaches the carrier, destroying records at the end of a retention period is routine and lawful. The FMCSA regulations and evidence guide explains each record.
Local moves that protect a Texas claim
- On highways outside cities, the Texas Department of Public Safety (Texas DPS) often handles the crash. In cities, it may be local police, so confirm who wrote the report.
- If a cross-border load was involved, crossing records at Laredo or El Paso can show when the truck entered. Ask early.
- In the Permian Basin, note any oilfield company names on the truck and trailer. More than one business may be involved.
Fault rules and damages caps are covered on the Texas truck accident lawyer page.
Crashed near the Texas line?
A crash a few miles over a border can fall under a different deadline. If you're not sure which state you were in, check both.
| State | Injury deadline | Wrongful death |
|---|---|---|
| New Mexico | 3 years | 3 years |
| Oklahoma | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| Louisiana | 2 years | 2 years |
Compare any state with the filing deadline calculator, or see the full state index.
Next steps
- Get a preservation letter to the carrier. It's the most time-critical step.
- Confirm whether a government entity was involved. If so, your 2 years deadline may give way to Often 90 days or less by city charter.
- Don't give a recorded statement to the trucking company's insurer.
- Get the Texas crash report; it names the carrier, DOT number and insurer.
- Have a lawyer licensed in Texas confirm these dates against the current statute.
Sources
- Hours of Service — records of duty status retention — 49 CFR § 395.8 (Federal Motor Carrier Safety Administration)
- Inspection, Repair, and Maintenance — record retention — 49 CFR Part 396 (Federal Motor Carrier Safety Administration)
- Accident register requirements — 49 CFR § 390.15 (Federal Motor Carrier Safety Administration)
- Large Truck and Bus Crash Facts — Federal Motor Carrier Safety Administration
Federal regulations and crash statistics are updated periodically. Figures cited on this page reflect the referenced publications at the time of writing; check the source for the current edition.