Car Accident Lawyers in Texas

Texas logs more than half a million reportable crashes a year, and the rules that decide who pays for them are unforgiving about timing. You have two years to file suit, your compensation shrinks by whatever share of fault a jury assigns you, and it disappears entirely if that share passes 50%. This guide explains the law that governs Texas crash claims and how to connect with attorneys who handle them.

More than half a million crashes are reported to the Texas Department of Transportation in a typical year, and the state has not recorded a single day without a traffic death since November 2000. Behind those numbers sits a body of law that is, by design, blunt: two years to sue, a hard cutoff at 51% fault, and insurance minimums frozen at 2011 levels. Drivers who understand those three rules going in make far better decisions in the weeks after a collision than drivers who learn them from an adjuster.

The Two-Year Clock Is the Rule That Ends Cases

Section 16.003 of the Texas Civil Practice and Remedies Code gives an injured person two years from the date of the crash to file suit. It is not two years from the last medical appointment, not two years from the day the insurer denied the claim, and not two years from when the bills arrived. It runs from the collision.

Two narrow adjustments exist. A minor’s claim is generally tolled until the child turns 18, and the discovery rule can delay the start where an injury genuinely could not have been found earlier — a rare argument in vehicle cases. Meanwhile, the deadline runs shorter when a government defendant is involved. Collisions with city buses, municipal fleet trucks, or claims tied to road maintenance require formal written notice under the Texas Tort Claims Act, and many Texas city charters compress that window to as little as 45 days. That is weeks, not years, and it is the single most common way a legitimate claim quietly dies.

Proportionate Responsibility and the 51% Bar

Texas courts apportion fault by percentage. If a jury finds the other driver 70% responsible and you 30%, your award drops by 30%. Cross the line to 51% and the recovery goes to zero — no partial award, no consolation. Insurance adjusters know the math better than anyone, which is why a recorded statement often circles back to what you were doing in the seconds before impact. Speed, following distance, a glance at a phone, a lane change: each is a lever for moving your percentage upward.

Practical consequence: the evidence that fixes fault early is the evidence that matters most. Dashcam footage, nearby business cameras, the officer’s CR-3 report, event data recorder downloads, and independent witnesses all decay or disappear within weeks. Attorneys who handle Texas crash work routinely send preservation letters within days for precisely this reason.

30/60/25 and the Coverage Gap It Creates

Texas mandates liability limits of $30,000 per injured person, $60,000 per crash, and $25,000 for property damage. Those figures were set in 2011 and have not moved since, while medical costs plainly have. A helicopter transport, a night in a trauma unit, and an orthopedic surgery can eclipse $30,000 before physical therapy even begins.

This is where uninsured and underinsured motorist coverage earns its keep. Texas insurers must offer UM/UIM and personal injury protection, and a driver can only refuse them in writing. Many Texans carry both without knowing it. After a serious crash with an underinsured at-fault driver, your own declarations page is often the most valuable document in the file.

What Texas Crash Damages Actually Cover

  • Medical expenses — emergency treatment, imaging, surgery, rehabilitation, and the cost of care reasonably expected in the future.
  • Lost earnings and lost earning capacity — wages already missed plus proven reduction in what you can earn going forward.
  • Physical pain and mental anguish — past and future, with no statutory cap in ordinary vehicle cases.
  • Physical impairment and disfigurement — separate Texas categories covering loss of function and permanent scarring.
  • Property damage — repair or actual cash value, plus diminished value in some claims.
  • Exemplary damages — available for gross negligence such as drunk driving, subject to the statutory formula.

How a Texas Claim Typically Unfolds

Most claims never see a courtroom. The at-fault insurer opens a file, assigns an adjuster, and requests records. The injured driver treats, then compiles bills and wage documentation into a demand package. Negotiation follows. Suit gets filed when the two-year deadline approaches or when the offer stops moving.

Once filed, a Texas case moves through written discovery, depositions, and often court-ordered mediation before trial. Timelines vary by county — a Harris County docket behaves differently from a rural district court — but two to three years from filing to trial is unremarkable. Because filing itself has to happen inside the two-year window, an attorney evaluating a case at month twenty-two is working with far fewer options than one brought in at week two.

Choosing Counsel in Texas

The Lawyer Atlas is a directory, not a law firm, and nothing here is legal advice. What we can tell you is what separates a productive first call from a wasted one. Ask how many crash cases the attorney has taken through trial in your county, not just settled. Ask who handles the file day to day. Ask how case expenses are treated if the matter resolves for less than expected. Consultations in this practice area are free almost without exception, and fees are contingent — you are shopping, and you should behave like it.

Then move. Texas gives you two years, but the evidence that decides your fault percentage has a much shorter shelf life than that.

Frequently Asked Questions — Texas

How long do I have to file a car accident lawsuit in Texas?

Two years from the date of the crash, under Texas Civil Practice and Remedies Code § 16.003. That deadline applies to injury claims and to wrongful death claims brought by surviving family. If a government vehicle or a city road defect is involved, a written notice of claim is due much sooner — often within six months, and some Texas city charters shorten that to 45 or 90 days. Missing either deadline usually ends the case regardless of how strong the evidence is.

Can I still recover money if the crash was partly my fault?

Yes, as long as you are not more than 50% responsible. Texas uses modified comparative fault, called proportionate responsibility in the statute. A jury assigns each party a percentage; yours is subtracted from the award. At 20% fault, a $200,000 verdict pays $160,000. At 51%, it pays nothing — which is exactly why insurers work so hard to push fault onto injured drivers.

What are the minimum insurance limits in Texas?

Texas requires 30/60/25 coverage: $30,000 for bodily injury to one person, $60,000 total per accident, and $25,000 for property damage. Those numbers have not changed since 2011, and a single ambulance ride plus a short hospital stay can exhaust them. That is why uninsured and underinsured motorist coverage on your own policy is often the difference between a covered claim and an uncollectible one.

Are damages capped in Texas car accident cases?

Not for compensatory damages. Medical bills, lost income, and pain and suffering carry no statutory ceiling in an ordinary motor vehicle case. Exemplary damages — reserved for gross negligence, such as a drunk driver — are capped at the greater of $200,000 or twice economic damages plus non-economic damages up to $750,000. Cases against a state or local government entity are separately capped under the Texas Tort Claims Act.

What does hiring a car accident lawyer in Texas cost?

Nearly all Texas car accident attorneys work on contingency, meaning the fee is a percentage of what they recover and nothing is owed if they recover nothing. Initial consultations are almost always free. Ask during that consultation how case expenses — records, filing fees, experts — are handled if the case does not settle.

Do I have to report a Texas crash to the police?

You must report any crash involving injury, death, or apparent vehicle damage of $1,000 or more. Practically speaking, call police at any collision with another vehicle. The officer’s CR-3 crash report is the first document an adjuster pulls, and reconstructing a crash without one is far harder months later.

Free Case Review

Tell us about your case and get connected with a local attorney. No cost, no obligation.

By submitting, you agree to our Privacy Policy and Terms. This site is a directory, not a law firm.