How Long Do You Have to File a Motorcycle Accident Claim in Texas?

Right after a crash, a legal deadline is the last thing on your mind. You’re dealing with surgeries, bills, and just getting through the day. But here’s the quiet danger: the clock started the moment you went down, and if it runs out, even an airtight case is gone. So let’s make this simple, how long you actually have, the exceptions that can move that deadline, and why waiting until the last minute can sink you.

The short answer

In Texas, you generally have two years from the date of your motorcycle accident to file a lawsuit. That’s the motorcycle accident statute of limitations, set by Texas Civil Practice and Remedies Code Section 16.003. Miss it, and the court will almost certainly throw your case out, no matter how strong it is. A handful of exceptions can shorten or extend that window, but you should never count on one. The safe move is to treat two years as a hard ceiling and act long before it.

When does the clock start?

The two years usually begins on the day of the crash, what the law calls the date your claim “accrues.” So if your wreck happened on March 1, 2024, your deadline to file suit is generally March 1, 2026. If that last day lands on a weekend or holiday, it rolls to the next day the courthouse is open.

One important distinction: this two-year deadline is for filing a lawsuit in court. You should notify the insurance companies and start your claim far sooner, within days, not years. Our guide on what to do after a motorcycle accident in Texas walks through those early steps.

What happens if you miss the deadline

Nothing good. Once the statute of limitations runs, the at-fault party can ask the court to dismiss your case, and the court will. At that point you can’t sue, and you can’t even negotiate, because the insurance company knows you’ve lost your only leverage. Your bargaining power drops to zero. That’s why this single date matters more than almost anything else in your case.

The exceptions that can change your deadline

The two-year rule has a few exceptions, spelled out mostly in Texas Civil Practice and Remedies Code. Some give you more time. One gives you far less.

• Injured minors. If the rider or passenger was under 18, the clock generally doesn’t start until they turn 18, giving them until their 20th birthday to file.
• Wrongful death. If a loved one dies from the crash, the two years runs from the date of death, not the date of the accident, which can be later. These claims are handled with care through a wrongful death lawyer.
• The discovery rule. If a serious injury, like a brain injury with delayed symptoms, wasn’t reasonably discoverable at first, the clock may start when you discover it. This is narrow and hard to prove, so don’t rely on it.
• Unsound mind. If the injury leaves someone legally incapacitated, say, in a coma, the deadline can pause until they recover.
• The defendant leaves Texas. If the at-fault driver skips the state, the time they’re gone may not count against you.

The exception that catches riders off guard: government claims

Here’s the one that shortens your time dramatically. If a government vehicle, a city bus, a county truck, or a dangerous road maintained by a public entity played a role in your crash, you don’t get two years to act. Under the Texas Tort Claims Act, you must give formal notice of your claim within a short window, sometimes as little as 45 to 90 days depending on the city, and 180 days for state claims. Blow that deadline and your claim against the government can be dead before the two-year rule ever matters. If a public entity was involved in any way, treat it as an emergency and call a lawyer immediately.

“We get to represent people who oftentimes don’t have the ability to advocate for themselves against the ‘big bad wolf,’  and there isn’t a day that starts where I’m not looking forward to helping those people fight back.”

Joe Caputo

Founding Attorney

Why waiting is dangerous even with two years

Two years sounds like plenty, until you realize what happens while you wait. Evidence doesn’t sit still. Skid marks wash away, damaged bikes get repaired or scrapped, and traffic-camera and business footage often gets overwritten within days or weeks. A vehicle’s onboard data can be erased. Witnesses move, and memories blur. The longer you wait, the weaker your proof of fault gets, and proving fault is the whole ballgame, as we explain in who is at fault in a Texas motorcycle accident.

There’s also a practical trap. If you show up at a lawyer’s door with only a few weeks left on the clock, many firms won’t take the case, there’s no time to investigate and build it properly. Acting early isn’t just about beating the deadline. It’s about giving your case the runway it needs to win.

How Williams Caputo protects your deadline

At Williams Caputo Injury Lawyers, you’re family, not a file, and the founders handle your case themselves. The moment you call, attorneys Burgess Williams and Joe Caputo calculate every deadline that applies to your case, including the short government-notice windows, and send evidence-preservation letters right away so footage and data don’t disappear. You get their personal cell numbers, and if you’re too hurt to travel, we come to you.

Our track record includes more than 20 seven-figure results, including a $7.83 million wrongful-death recovery, a reminder that even the most serious cases turn on acting in time. Past results don’t guarantee future outcomes, and every case is different, but they show what a real fight looks like. See more in our case results. And if you’re still deciding whether to get help at all, read do I need a lawyer after a motorcycle accident, the short answer is that a free call now can save your claim later.

Wherever you ride, our statewide Texas motorcycle accident lawyer team can lock down your deadlines today. And if your crash happened in the capital, an Austin motorcycle accident lawyer who knows I-35, the local government-notice rules, and the Travis County courts can move fast to protect your rights.

Frequently asked questions

How long do I have to file a motorcycle accident claim in Texas?

Generally two years from the date of the crash to file a lawsuit, under Texas Civil Practice and Remedies Code Section 16.003. Some exceptions shorten or extend that, but don’t rely on them. Notify insurers within days and talk to a lawyer well before the two years is up.

When exactly does the two-year clock start?

Usually on the date of the accident, the day your claim “accrues.” So a crash on June 1 sets a deadline of June 1 two years later. If that last day is a weekend or holiday, it moves to the next business day. In wrongful death cases, the clock starts on the date of death instead.

What if the injured rider was a minor?

The deadline is paused. For a rider or passenger under 18, the two-year clock generally doesn’t start until their 18th birthday, giving them until age 20 to file. Other exceptions may apply, so it’s worth confirming the exact date with a lawyer.

What if a city bus or government vehicle was involved?

Act immediately. Claims against a government entity require formal notice in a much shorter window, sometimes as little as 45 to 90 days locally, and 180 days for the state. Missing it can bar your claim long before the two-year deadline, so call a lawyer right away.

Can the filing deadline ever be extended?

Sometimes, through narrow exceptions like the discovery rule, a minor’s age, incapacity, or a defendant leaving Texas. But courts apply these strictly, and you shouldn’t assume one applies. The safest path is to file well within two years and let a lawyer confirm your true deadline.

Don’t let the clock decide your case

You’ve got enough to carry right now without a deadline quietly running out in the background. Let us pin down every date, preserve the evidence before it vanishes, and build your case while there’s still time to build it right.

Talk to a real lawyer today, not an answering service. Your consultation is free, we’re available 24/7, and there’s no fee until we win your case. Contact us for a free consultation or call 512.351.7000. Tell us what happened. We’ll handle the rest.

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What our clients are saying about us

David Z.

These guys are consummate professionals. As a transactional attorney who frequently receives requests from clients and prospects for injury lawyers, I always trust Joe Caputo—he is my go-to referral and consistently delivers for his clients. And as effective as they are as counsel, Caputo and Williams are even better people. Compassionate and trustworthy… You want these two advocating on your behalf when it counts.

Lyndsey P.

If you are looking for the best personal injury attorneys, Joe and Burgess are it. Their knowledge and experience with different types of cases mean they can help you and get you the best results from your case. I worked with them and saw day in and day out all they did to help their clients. While they are smart and know what they are doing, they are kind and good people who truly care. You are getting the best of the best when you hire Joe and Burgess.

Kate H.

Joe and Burgess are amazing attorneys. Their expertise, dedication to their clients, and commitment to excellence is second to none. They sincerely care about their clients and always put their clients wellbeing first and they are just overall great people to work with. You can’t go wrong with these skilled litigators in your corner.

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