Every Texas wreck has multiple clocks ticking. Most people only know about one.
Most Plano accident victims have heard that Texas gives them two years to file a personal injury lawsuit. That's true. What surprises people is how many other deadlines come first — deadlines that quietly kill claims long before the two-year statute does.
Here is what really matters about timing in a Plano car wreck case.
We walk you through the steps that protect your claim from the moment after the crash.
Under Texas Civil Practice & Remedies Code § 16.003, you have two years from the date of the wreck to file suit for personal injury or property damage. Miss that filing deadline and the case is over, regardless of how strong the facts were.
A handful of narrow tolling rules apply — minors, mental incapacity, defendants who left the state — but none should be relied on. The safe assumption is that you have 730 days, period.
If a Plano police vehicle, a Plano ISD school bus, a city sanitation truck, a DART vehicle, or any city/county/state employee was involved — or if the wreck was caused by a road defect — you must give formal written notice to the governmental unit. The City of Plano requires written notice of injury within 45 days under its home-rule charter. DART, the State of Texas, and Collin County all have their own notice rules under the Texas Tort Claims Act (Civ. Prac. & Rem. Code Chapter 101). Miss notice and the lawsuit is barred — even if you file within the two-year window.
Most Texas auto policies require "prompt notice" of any covered accident. Insurers commonly try to enforce 30-day notice as a hard rule. Failing to report can give the carrier a coverage defense — including against your own UM/UIM claim.
If the at-fault driver was arrested for DWI and you were injured, you may be a witness in an administrative license revocation case — and the lawyer defending the criminal case will be subpoenaing officers within 15 days. Your civil lawyer should be coordinating with the criminal prosecution to lock in evidence.
Texas PIP and MedPay coverages typically require submission of bills within a fixed window. Late submission can cost you immediate medical-bill coverage that does not reduce your final settlement.
Texas follows modified comparative fault under § 33.001: your recovery is reduced by your percentage of fault, and at 51% fault you recover nothing. Insurance carriers know this and routinely argue that you were partly responsible — for speeding, for not braking sooner, for failing to wear a seat belt (which Texas allows as evidence of fault in some cases after Nabors Well Services v. Romero, 456 S.W.3d 553 (Tex. 2015)).
This is why the first 30 days of a case — locking in the police report, witness statements, and physical evidence — matter more than the final 30 days before trial.
Honest answer: nobody can tell you that on a phone call. Real case value depends on:
An honest lawyer will tell you the range only after reviewing your medical records and the at-fault driver's policy declarations. Anyone who promises a specific dollar number at intake is selling.
Tell us briefly what is going on. An attorney will respond.
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