Car Accident Litigation in Texas

In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Texas under the Texas Civil Practice and Remedies Code. Missing this deadline will almost always result in the court dismissing your case. The clock can be paused in limited situations — for example, when the injured person is a minor — but do not rely on any exception without speaking to an attorney.

Texas uses a proportionate responsibility rule. Your damages are reduced by your percentage of fault — if you are 25 percent responsible for a $100,000 injury, you can recover $75,000. However, if a jury finds you more than 50 percent responsible, you recover nothing at all under Texas Civil Practice and Remedies Code Chapter 33.

Texas requires drivers to carry liability insurance with minimum limits of $30,000 per injured person, $60,000 per accident for all injured people combined, and $25,000 for property damage — called 30/60/25 coverage under Transportation Code Chapter 601. Insurers must also offer uninsured and underinsured motorist coverage; you can decline it, but only by rejecting it in writing. Driving without proof of financial responsibility can result in fines.

If the other driver was uninsured or fled the scene, your own uninsured motorist coverage — if you purchased it — can pay for your medical bills and vehicle damage. You may also sue the at-fault driver personally, though collecting from someone with no assets or insurance can be very difficult. An attorney can help identify all available sources of recovery.

If a Texas state or local government vehicle was at fault, you may sue under the Texas Tort Claims Act, but you must first give written notice to the government unit within six months of the incident. If the crash involved a federal government vehicle — such as a United States Postal Service truck — different rules apply under the federal Federal Tort Claims Act, which has its own notice and filing requirements. Missing either notice deadline can bar your entire claim.

Texas allows recovery for medical expenses (past and future), lost wages, reduced earning capacity, vehicle repair or replacement costs, and the physical pain and mental anguish caused by the crash. In cases involving gross negligence — such as a driver who was extremely intoxicated — a court may also award punitive damages under Texas Civil Practice and Remedies Code Chapter 41.

Yes. Texas Transportation Code requires drivers to stop immediately at the scene of an accident involving injury, death, or property damage, and to notify local police. If a police officer did not investigate at the scene and the crash caused injury, death, or apparent property damage of $1,000 or more, the driver must also file a written report with the Texas Department of Transportation within 10 days.