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Texas Car Accident Lawyer

Serving drivers across Texas, including Houston, Dallas–Fort Worth, San Antonio, Austin, El Paso.

Texas leads the country in vehicle miles traveled and ranks near the top for traffic fatalities. Whether you were rear-ended on I-45, side-swiped on the LBJ, or struck crossing a San Antonio parking lot, the clock on your claim starts the moment the crash happens. Texas follows an at-fault insurance system, which means the driver who caused the crash (and their insurer) is financially responsible for your injuries — but recovering a fair amount takes evidence, timing, and an understanding of Texas’ specific fault and damages rules.

How Texas fault rules affect your recovery

Texas uses a modified comparative fault rule with a 51% bar: if a jury finds you more than 50% at fault for a crash, you recover nothing. If you are 50% or less at fault, your damages are reduced in proportion to your share. Practical implication: insurers often push to shift fault above the 50% threshold to eliminate your claim entirely. Documentation — scene photos, dash cam, witness statements, police report, medical records — is what defeats that argument.

Texas insurance system and your claim path

Texas is a traditional at-fault (tort) state. Your first step after a crash is typically a third-party claim against the at-fault driver’s liability policy. Because Texas minimum coverage is relatively low (30/60/25), serious injury claims often exceed available policy limits. Your own UM/UIM coverage becomes critical in that scenario and in hit-and-run cases. If your insurer did not present UM/UIM in writing, coverage may apply by default.

Damages available in a Texas car accident claim

Texas recognizes economic damages (medical bills, lost wages, future medical costs, lost earning capacity, property damage), non-economic damages (pain and suffering, mental anguish, disfigurement, physical impairment), and in cases of gross negligence, punitive (exemplary) damages. Chapter 41 of the Civil Practice & Remedies Code caps exemplary damages at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.

Damage caps: Exemplary (punitive) damages are capped under Tex. Civ. Prac. & Rem. Code Ch. 41. There are no general caps on compensatory damages in typical auto cases (medical malpractice has separate caps).

What to do after a Texas crash

• Get medical care immediately. Delayed treatment is one of the most common reasons insurers discount claims. Same-day or next-day records tie injuries directly to the crash.
• Report the crash and file any required state accident report. Most states require a written report within 10 days for qualifying crashes.
• Document the scene. Photos, video, skid marks, debris positions, traffic signals, and weather all matter. Get the names and contact information of witnesses before people disperse.
• Do not give recorded statements. Early insurer statements are used to undercut claim value later. Be factual with police; defer substantive statements until legal review.
• Preserve evidence. Keep damaged clothing, equipment, and vehicle photographs. Do not authorize repairs or disposal until documented.
• Track expenses and losses. Every medical bill, every missed work shift, every receipt for transportation to medical appointments.

This page provides general educational information about Texas car accident claims. It is not legal advice. Deadlines, coverage requirements, and fault rules change and may vary based on specific facts. Consult a licensed Texas attorney for advice about your situation.