STATE LAW – TEXAS LIBRARY – GUIDE 18
Texas Crash Investigation, Evidence Preservation & Two-Year Limitation
Evidence can disappear long before Texas’s ordinary two-year injury limitation period expires. Preserve the evidence and review deadlines in parallel.
Preserve what may be lost first
Seek prompt preservation of dashcam and surveillance video, vehicle event data, app and phone records, dispatch information, fleet logs and damaged vehicles. Identify who holds each item and how quickly it may be overwritten or repaired. Save original files with their dates and context.
Record witnesses’ names and contact details, scene conditions and treatment chronology. A crash report is useful, but it may omit witnesses, contain disputed conclusions or lack the electronic evidence needed to test the sequence.
The ordinary limitation rule
Civil Practice and Remedies Code § 16.003 generally imposes a two-year limitation period for personal-injury claims. Accrual, the type of claim and applicable exceptions require review. Section 16.001 addresses certain legal disabilities; do not assume every claim involving a minor has the same deadline or exception.
Other claims can have different rules. Government notice may be due much earlier, and insurance claims or death-related claims need separate analysis. An open claim, medical treatment, negotiations or a TDI complaint should not be treated as automatic tolling.
Requests and compulsory discovery differ
A preservation letter asks a holder to retain identified evidence. It does not itself compel inspection or production. During litigation, the Texas Rules of Civil Procedure govern production, subpoenas, expert work and other discovery. Counsel should choose procedures appropriate to the holder and information sought.
Rule 202 is a limited court-supervised pre-suit procedure with prerequisites, not a general entitlement to investigate every potential lawsuit through discovery. Preservation, access, privilege and admissibility are separate questions.
Build a file that supports causation
Connect each item to an issue: impact timing, speed, visibility, permission, work status, app status or injury causation. Keep repair photos, invoices, diagnostic information and medical records organized by date. Avoid altering original electronic material.
Prepare a deadline calendar that distinguishes notice, filing, service and discovery obligations. Filing near the deadline can still raise service issues, so obtain legal review early. For government vehicles, check Chapter 101 notice immediately rather than relying on the ordinary two-year rule.
Authorities and source notes
- Limitations — Civil Practice and Remedies Code §§ 16.001, 16.003
- Texas Rules of Civil Procedure — Texas Rules of Civil Procedure 11, 192.3(f), 194.2(b)(7), 196, 202, 205
- Tort Claims Act — Civil Practice and Remedies Code §§ 101.021, .023, .055, .101
Official source links and cited propositions checked October 4, 2026. Full subsequent-history and legal-currentness review remains open. General information; individual facts, policy terms and deadlines require case-specific review.
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