If you’ve been injured in a motor vehicle accident, certain Texas laws dictate when, how, and even whether you can file a personal injury claim. This is one of the many reasons why it’s important to hire a car accident lawyer: not only are these laws extremely precise, but if you make a mistake or miss a deadline, you may lose your right to a financial recovery.
At The Texas Law Guns, Injury & Accident Lawyers, we’ve helped many clients file claims that let them move forward with their lives afterward. In this blog, we’ll outline what you need to know about Texas car accident laws, so you don’t get taken advantage of after a crash.
Texas follows a fault-based system, also known as tort liability. That means the person responsible for causing the crash is also responsible for paying the damages. In practice, the at-fault driver’s insurance company is expected to cover the cost of repairs, medical bills, lost wages, and other related losses.
You have three legal options for pursuing compensation:
Texas uses a rule called modified comparative negligence. This law reduces your car accident compensation based on your percentage of fault in the accident. If you’re 51% or more at fault, you can’t collect anything.
Here’s how it works:
This law gives insurance companies a built-in excuse to underpay or deny your claim for accident injuries. They may argue that you share more fault than you actually do. Without a solid case built on evidence, you risk losing the money you’re owed.
In Texas, all drivers must carry a minimum amount of liability insurance, which covers damages to others if you cause a crash. The minimum insurance coverage limits in Texas are:
This is often referred to as 30/60/25 coverage. These amounts are the legal minimum but may not be enough to cover all damages after a serious accident. If your losses exceed the at-fault driver’s policy limits, you may need to pursue additional compensation through a car accident lawsuit or underinsured motorist coverage.
Texas insurance companies must offer uninsured/underinsured motorist (UM/UIM) coverage. This protects you if the driver who hit you has no insurance or not enough to cover your losses. You can reject this coverage in writing, but that decision can cost you down the road.
UM/UIM coverage pays for:
If you have UM/UIM and are hit by someone with little or no coverage, you can make a claim with your own provider. Just keep in mind, your own auto insurance company is still a business. They may not treat you fairly without legal pressure.
Texas car accident laws require that you report a crash if it results in:
Failing to report a motor vehicle collision can lead to fines or license suspension. Always call law enforcement, even for minor crashes. A police report helps establish the facts of the accident, which is key when building a personal injury claim.
You have two years from the date of the accident to file a personal injury lawsuit in Texas. This deadline is strict. If you miss it, your case is likely dead, no matter how strong your insurance claim is.
That two-year time frame covers:
There are a few exceptions to this rule. For example, if the injured party is a minor, the clock may not start until they turn 18. In most other cases, courts don’t offer leniency, but a skilled attorney can make sure you meet relevant deadlines.
Texas law gives car accident victims the right to pursue fair compensation for both economic and non-economic damages. These two categories account for the financial losses and the personal impact caused by the crash.
Examples of economic damages include:
Non-economic damages include:
In rare cases involving gross negligence or intentional harm, punitive damages may also be awarded, which are meant to punish the wrongdoer and discourage similar behavior from others.
Texas doesn’t limit how long insurance companies have to settle a claim, but they are required to follow set timelines for handling claims. Here’s what the law says:
If an insurer delays without a valid reason or acts in bad faith, you may have grounds for a separate claim under Texas insurance law. You’ll want to watch out for:
It is important to note that once you accept a settlement, you can’t go back and ask for more, even if injuries worsen or new issues come up. This is why it’s so important to work with an experienced car accident lawyer.
If a loved one is killed in an auto accident due to someone else’s negligence, Texas allows eligible family members to file a wrongful death lawsuit. This includes spouses, children, and parents of the deceased.
You may be able to recover:
Wrongful death claims also follow the two-year statute of limitations. In these cases, early legal action helps preserve critical evidence and increases your chances of full recovery.
The short answer is yes: if there are injuries, you should speak with a personal injury lawyer. Even in cases that seem straightforward, having legal representation can change the outcome and speed up the resolution. Serious accidents often lead to complex claims, high medical costs, and long-term recovery. Without a car accident attorney, you are left to deal with insurance adjusters on your own, and they are not on your side.
Insurance companies are trained to protect their profits. Their adjusters use delay tactics to wear you down, vague language to confuse you, and pressure strategies to push quick settlements. They may ask for a recorded statement, suggest you were partly at fault, or tell you that your injuries are not worth what you think. This is all designed to limit what they pay. Once you accept an offer, your case is closed. You cannot ask for more, even if your condition worsens or new complications arise.
A personal injury attorney steps in to deter these tactics. From the start, your lawyer takes over all communication with the insurance company. They collect solid evidence like police reports and medical records, calculate your damages, coordinate with your doctors, and build a case that reflects the true value of your claim. They also manage the deadlines, legal filings, and paperwork that could otherwise slow down or derail your case. This helps avoid mistakes that could cost you money or delay your recovery.
Most personal injury attorneys work on a contingency fee basis. That means you do not pay anything upfront. The attorney only gets paid if they win your case. If there is no recovery, there is no fee. This gives you immediate access to legal help without financial risk.
Going up against a large insurance company without representation is like stepping into a boxing ring without gloves. You may be right. You may have the facts on your side. But if you are not prepared and protected, you can still lose. An experienced lawyer levels the playing field. They know what your case is worth, and they know how to go get it.
You only get one shot at a fair settlement. The Texas Law Guns, Injury & Accident Lawyers, has built a reputation on fighting hard and winning big for accident victims across Texas. We don’t play games with insurance companies, and we don’t back down when the stakes are high. If you’re dealing with mounting medical bills, a totaled car, or weeks off work, we’re ready to step in, build your case, and go after every dollar you’re owed.
Call 210-800-0000 or fill out our free case review form to schedule a consultation with our experienced team. No attorney fees unless we win. No excuses. Just results.
