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Honest answers to the questions Texas accident victims ask us most.
Texas generally gives you two years from the date of the accident to file a personal-injury lawsuit under Civil Practice & Remedies Code § 16.003. Claims against a governmental entity require written notice much sooner — the Texas Tort Claims Act sets a six-month deadline (§ 101.101), and many home-rule cities require even shorter notice by charter (sometimes 45–90 days). Missing these deadlines usually means losing your right to recover, so it is important to act quickly.
Texas uses proportionate responsibility with a 51% bar (CPRC § 33.001). You can recover damages as long as you are 50% or less at fault, but your award is reduced by your percentage of fault. If you are found 51% or more responsible, you are barred from recovering anything. Because insurers use this rule to shift blame onto victims, protecting your side of the fault question is critical.
Texas requires liability limits of 30/60/25: $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage (Transportation Code § 601.072). Insurers must also offer uninsured/underinsured motorist coverage and personal injury protection (PIP) unless you reject them in writing (Insurance Code § 1952.101). Carrying higher limits and UM/UIM coverage is strongly recommended.
No. Texas Accident Aid is a free service that connects you with experienced local attorneys. The attorneys in our network work on contingency, meaning you pay no attorney fees unless they recover compensation for you. Your initial case review is always free and confidential.
Case value depends on the severity of your injuries, medical bills, lost wages, future care needs, pain and suffering, and available insurance coverage. Texas does not cap most economic and non-economic damages in ordinary auto cases, though medical-malpractice claims (CPRC Chapter 74) and claims against the government have specific caps. A local attorney can evaluate your specific situation.
Call 911 and get medical care, even if you feel fine. Document the scene with photos, exchange insurance and contact information, collect witness details, and make sure a police (CR-3) crash report is filed. Avoid giving recorded statements to the other driver's insurer before speaking with an attorney, and keep copies of all bills and records.
Under Civil Practice & Remedies Code Chapter 71, the surviving spouse, children, and parents of the deceased may bring a wrongful death action, generally within two years of the date of death. A separate survival claim (§ 71.021) is brought by the estate for the losses the deceased suffered before death. Recoverable damages can include lost earnings and support, mental anguish, loss of companionship, and funeral expenses.
If you carry uninsured/underinsured motorist coverage (offered on Texas policies under Insurance Code § 1952.101), you can file a claim under your own policy to cover injuries caused by an uninsured or hit-and-run driver, or one whose limits are too low. This is often the primary path to compensation in these cases.
Most Texas accident claims settle before trial through negotiation with the insurance company. However, a well-prepared attorney builds your case as if it is going to court, which strengthens your negotiating position. If a fair settlement cannot be reached, filing suit within the two-year deadline preserves your right to trial.
For very minor incidents with no injuries, you may handle it yourself. But if you were hurt, missed work, or the insurer disputes fault or lowballs you, a free case review is worth it. Because Texas's 51% bar can reduce or eliminate your recovery, having someone protect your side of the fault question matters.
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