The statute of limitations for a hit-and-run in Texas is typically two years from the date of the accident.
Time is of the essence in hit-and-run accident claims. If a driver hit you and fled, an Arlington hit-and-run accident lawyer from Aulsbrook Car & Truck Wreck Lawyers can investigate your case and help you pursue damages.
What is the Statute of Limitations for a Hit-and-Run Claim in Texas?
Per Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for a personal injury lawsuit after a hit-and-run accident in Texas is generally two years from the accident date. If you don’t take legal action against the other driver within this window, you will likely lose the ability to recover damages.
The statute of limitations for filing a property damage lawsuit in Texas is also two years from the date of the crash. A hit-and-run accident attorney from The Texas Law Dog can ensure you file on time.
Are There Any Exceptions to the Statute of Limitations?
Though Texas law generally requires you to file a personal injury claim for an auto accident within two years, there are some limited situations where the deadline may be extended or calculated differently. For instance, your claim may have a different deadline if:
- The injured person is a minor: If the victim is under the age of 18 at the time of the accident, the deadline may be delayed until two years after they turn 18.
- The victim is legally incapacitated: If an injured person is unable to take legal action because of a legal incapacity, the statute of limitations may be tolled until they regain capacity.
- The defendant leaves the state: If the other driver leaves the state of Texas, the statute of limitations may be paused until they return.
- The claim involves a government entity: If a government vehicle or agency is involved, different notice requirements and deadlines may apply.
- Other unique circumstances exist: Certain legal issues may affect when a claim must be filed, depending on the facts surrounding the accident.
A car accident lawyer from The Texas Law Dog can assess your case and identify the applicable deadline.
What Happens If the Hit-and-Run Driver is Not Found?
Texas’s car accident statute of limitations generally does not pause just because you cannot find the driver who hit you. The standard two-year clock still starts running on the date of the crash.
However, even if you never identify the driver, you may still be able to recover compensation through your own uninsured motorist coverage and Personal Injury Protection (PIP) coverage.
An Arlington car accident attorney from The Texas Law Dog can investigate your accident and work to identify the driver who hit you before the statute of limitations runs out.
Should You Report a Hit-and-Run Accident in Texas?
Yes, it’s important to notify the police right away after a hit-and-run in Texas. An accident report creates an official record of the incident and will serve as important evidence for any claims you file.
When reporting the accident, provide as much information as possible, including:
- Where and when the accident happened
- A description of the other vehicle
- The direction the vehicle traveled after leaving
- Information from witnesses
- Details about your injuries and the damage to your vehicle
How Long Does a Hit-and-Run Investigation Take?
The timeline for a hit-and-run investigation can vary widely from case to case. Some cases are resolved quickly using surveillance footage and witnesses, while others remain unresolved for months or longer. Factors that can affect the length of an investigation include:
- The amount of available evidence
- Whether witnesses saw the vehicle or driver
- Whether nearby cameras captured the accident
- The severity of the crash
- Whether the driver left identifying information behind
It’s best to reach out to our lawyers at The Texas Law Dog immediately after the accident so we can begin an investigation right away.
What Happens If You Miss the Deadline?
If you don’t file your claim before Texas’s car accident statute of limitations expires, you will likely lose your ability to pursue compensation through a lawsuit. In most cases, the court will dismiss a claim filed after the deadline, even if you have strong evidence that another driver caused your injuries.
In addition, you will lose leverage with insurance companies, who will no longer have any incentive to settle with you since you can no longer take your case to trial. Your claim may even be dismissed. A lawyer from The Texas Law Dog can work hard to help you avoid this consequence.
What to Do After a Hit-and-Run in Texas
If a reckless driver hits you and then flees, it’s crucial to:
- Move to a safe location: If possible, move your vehicle out of traffic and away from danger.
- Call 911 and report the accident: Call the police and obtain a copy of the crash report.
- Gather information from the scene: You should collect as much information as possible, including the location, time, direction the other vehicle traveled, and any details about the vehicle or driver. Even a partial license plate number, vehicle color, or description can be useful.
- Take photos and videos: Document the accident scene, including the vehicle damage, the road conditions, your injuries, and any other details that may support your claim.
- Talk to witnesses: Ask for contact information from anyone who saw the crash. Witness statements may help investigators identify the driver or establish what happened.
- Look for nearby cameras: Check whether businesses, homes, or traffic cameras near the accident scene may have recorded the crash.
- Seek medical attention: Get medical care as soon as possible if you were injured.
- Notify your insurance company: Report the accident to your insurer, but avoid going into detail or discussing fault.
- Keep records of your expenses: Save all medical bills, repair estimates, receipts, wage information, and other documents related to the accident.
- Speak with a lawyer: Reach out to our attorneys at The Texas Law Dog before accepting a settlement offer.
Contact a Hit-and-Run Accident Lawyer
If you were injured in a hit-and-run, there’s no time to waste. A hit-and-run accident attorney from The Texas Law Dog can investigate the crash, work to identify the other driver, and help you pursue compensation for your losses.
Book a free consultation to find out how you can get justice.
