San Antonio Bicycle Accident Statute of Limitations
Filing a personal injury lawsuit after a bicycle accident can be complicated. The amount of research and paperwork that goes into building a strong case leaves room for mistakes. One of them is missing the filing deadline.
The San Antonio bicycle accident statute of limitations is two years from the date of the injury. If you try to file a claim after the time is up, the case is highly likely to be dismissed. However, some exceptions exist. Reach out to our bike crash attorneys to learn more about the regulations for a claim.
What Is a Statute of Limitations?
The statute of limitations defines the amount of time an injured person in San Antonio has to file a bike accident lawsuit against the at-fault party. When this time runs out, the court is likely to dismiss the case immediately. Missing the deadline keeps the injured person from claiming the money they deserve.
Each state has its own statute of limitations. It can differ for personal injury, medical malpractice, and property damage cases.
Exceptions to the Statute of Limitations
While for bicycle accident claims, the statute of limitations in San Antonio is two years from the date of the crash, some exceptions exist. They are:
The Injured Person is a Minor
If the person injured in the bicycle crash is a minor, the statute of limitations is tolled. The allowed two-year period does not begin until the minor turns 18. This allows the person to file a personal injury claim until their 20th birthday.
However, the parents still have the opportunity to file a claim on behalf of the minor right after the accident.
Discovery
In some cases, the injury does not become obvious on the date of the accident. The injured person may feel the consequences several days after the crash. For such cases, the clock starts ticking when the person discovers the injury. However, this period must be reasonable.
Mental Incapacity
If the accident caused a temporary mental incapacity, the statute of limitations is paused until the person regains the capability to think clearly.
Missing At-Fault Party
If the at-fault party is missing and cannot be located (for example, leaves the state), the statute of limitations can be tolled until they are found.
Filing Claims Early
The two years given by the statute of limitations for bicycle crashes in San Antonio may seem to be a long time. However, waiting too long to file a claim can have negative consequences. As time passes, it becomes harder for the legal team to build a strong case because:
- Eyewitnesses forget crucial details
- Evidence becomes harder to recover (for example, camera footage gets erased)
- At-fault parties leave the state
The best time to contact an attorney and initiate legal action is right after the accident. The faster the legal team can begin the investigation, the easier it is to secure proper evidence and seek maximum compensation.
Discuss the Bicycle Accident Statute of Limitations with a San Antonio Attorney
If you or your loved one were hurt in a bicycle crash because someone acted negligently, you can seek compensation. Understanding how the San Antonio bicycle accident statute of limitations works can help you avoid obstacles when filing a personal injury claim.
An experienced attorney from Felix Gonzalez Law can help explain how the legal landscape around bicycle collisions works and fight for your right to compensation. Call to schedule a free consultation today.
