Austin Bicycle Accident Statute of Limitations

To keep the legal system moving at a reasonable pace and protect people from facing threats of legal action indefinitely, Texas sets deadlines for when various legal proceedings must begin after a cause of action first arises. The sections of the legal code that establish these deadlines are called statutes of limitations. The statute applicable to personal injury litigation in general naturally applies to bicycle accident lawsuits.

Unfortunately, the Austin bicycle accident statute of limitations does not give you a great deal of time to collect evidence, construct a comprehensive claim, and formally sue in pursuit of fair compensation for your injuries. However, with the help of a bicycle injury attorney from Felix Gonzalez Law, you will be able to streamline the case-building process as much as possible, and you may even be able to extend the deadline for your claim depending on the circumstances.

What Deadlines Does State Law Place on Bicycle Injury Lawsuits?

The statute of limitations for personal injury litigation in Texas—and accordingly, the statute of limitations for bicycle accident claims in Austin—is codified in Texas Civil Practice & Remedies Code § 16.003. Under this section of state law, someone injured through the misconduct of another person has two years from the date on which their injury first occurred to file suit against the person at fault for injuring them. After this deadline has passed, they will be time-barred from getting civil compensation for that particular injury.

Importantly, this statute only sets a deadline for when legal proceedings must formally begin after an accidental injury occurs, not for when those proceedings must end. This means that it is possible for a bike crash victim to continue negotiating for a settlement or pursuing a civil court verdict even if more than two years have passed since their injury. However, if they fail to formally sue before the statutory filing deadline expires, they would almost certainly be unable to negotiate a settlement, since the other side would have no reason to fear a lawsuit if they refuse to negotiate in good faith.

Tolling the Statute of Limitations Under Specific Circumstances

The most commonly used legal rationale for tolling—or pushing back—the deadline set by the statute of limitations for Austin bike accident lawsuits is the discovery rule. In brief, this rule allows injured people to start their two-year filing period on the date they discovered their injury instead of when that injury actually occurred, if they can prove they did not know about the injury and had no reasonable way of discovering it before that point.

Furthermore, since minor children cannot represent themselves in court, the statutory filing period for a child to sue over their own bicycle injury does not begin until that child’s 18th birthday. However, if a minor child’s parent or guardian wants to sue over such an injury on their child’s behalf, the standard deadline would typically apply.

Contact an Austin Attorney About the Bicycle Accident Statute of Limitations

Complying with the Austin bicycle accident statute of limitations is essential to obtaining compensation for injuries from a bike wreck you were not at fault for. However, it can be challenging to research and construct a compelling civil claim within two years, especially if you try to do it on your own.

Working with a bicycle accident lawyer from Felix Gonzalez Law will give you the best possible chances of efficiently filing suit and obtaining the restitution you need. Call today to learn more.