Texas Car Accident Lawyer

Common Causes of Car Accidents in Texas

Texas roads see thousands of motor vehicle crashes each year, with many resulting in serious injuries or fatalities. Understanding the common causes can help drivers stay safer and also help us build stronger car accident claims for our clients.

• Distracted driving: Texting, talking on phones, or other distractions contribute to numerous car crashes throughout Texas. When drivers aren't paying attention to the road, they put everyone at risk. Distracted driving was linked to 380 deaths statewide in 2024.
• Speeding and reckless driving: Excessive speed reduces reaction time and increases the severity of accidents. Motor vehicle accidents involving high speeds often result in catastrophic injuries.
• Drunk driving: Despite strict Texas laws, drunk driver accidents continue to cause devastating injuries and deaths on our roads. These cases often involve clear negligence and significant compensation for victims. Alcohol-impaired driving killed 1,053 people in Texas in 2024, more than a quarter of all traffic deaths.
• Drowsy driving: Fatigue slows reaction time and impairs judgment, much like alcohol, a frequent factor in late-night and long-haul crashes.
• Tailgating and failure to yield: Following too closely and ignoring the right-of-way at signs and signals cause a large share of rear-end and intersection collisions.
• Weather conditions: Texas weather can change rapidly, creating hazardous driving conditions. Rain, fog, and ice contribute to many auto accidents each year.
• Mechanical failures: Tire blowouts, brake failures, and other mechanical issues can cause drivers to lose control, leading to serious car accident injuries. When a defective tire or vehicle part causes the crash, you may also have a product liability claim against the manufacturer.
• Company vehicle accidents: Commercial vehicles present unique challenges due to their size and the complex insurance policies that often cover them.

Types of Injuries We Often Work With

Our experienced personal injury attorneys have handled virtually every type of car accident injury. From minor soft tissue damage to life-changing traumatic brain injuries, we understand the medical and legal complexities involved in personal injury claims.

• Traumatic brain injuries: These serious injuries often require extensive medical treatment and can permanently impact a person's ability to work and enjoy life. We work closely with medical professionals to document the full extent of these injuries.
• Spinal cord injuries: Car crashes can cause devastating spinal injuries that may result in partial or complete paralysis. These cases typically involve substantial medical bills and long-term care needs.
• Broken bones and fractures: While some fractures heal completely, others can cause permanent limitations and ongoing pain. We ensure all medical expenses and future treatment costs are included in your claim.
• Internal injuries: The force of a car accident can cause internal bleeding and organ damage that may not be immediately apparent. Seeking medical attention promptly is crucial for both your health and your legal case.
• Soft tissue injuries: Whiplash and other soft tissue injuries are common in car accidents and can cause significant pain and limitation of movement, requiring physical therapy and ongoing medical care.

Damages You Can Recover in a Texas Car Accident Claim

When you've been injured in a car accident due to someone else's negligence, Texas law allows you to seek compensation for the losses the crash caused. No two claims are worth the same amount: the value depends on the severity of your injuries, the cost of your medical care, how much work you missed, whether your injuries are permanent, and the insurance coverage available.

Texas car accident compensation generally falls into three categories.

Economic Damages

Economic damages cover the measurable financial losses caused by your crash, the ones backed by bills and records that form the foundation of your claim.

• Medical expenses: All costs related to your treatment, from emergency room visits to ongoing physical therapy, plus future medical care you may still need
• Lost wages: Income you lost while unable to work, along with reduced future earning capacity if your injuries cause permanent limitations
• Rehabilitation costs: Physical therapy, occupational therapy, and other specialized care needed for a full recovery
• Property damage: Repair or replacement of your vehicle, as well as damage to other personal property in the accident

Non-Economic Damages

Non-economic damages compensate for the losses that do not come with a receipt. In serious injury cases, they are often worth more than the economic losses.

• Pain and suffering: The physical pain and emotional trauma a crash causes. Texas law recognizes these as compensable losses.
• Mental anguish, physical impairment, and disfigurement: Lasting emotional distress, loss of physical function, and permanent scarring or disfigurement caused by the crash.

Punitive (Exemplary) Damages

Punitive damages, called exemplary damages in Texas, are meant to punish especially reckless conduct rather than to repay your losses. Under Texas Civil Practice and Remedies Code Section 41.003, they are available only when the at-fault party acted with gross negligence, malice, or fraud, such as a drunk driver, proven by clear and convincing evidence.

Section 41.008 caps them at the greater of $200,000 or two times your economic damages plus non-economic damages up to $750,000.

Wrongful Death Claims

In cases involving fatal car accidents, surviving family members may be able to pursue wrongful death claims for funeral expenses, loss of companionship, and other damages under Texas Civil Practice and Remedies Code Chapter 71.

Rideshare, Uninsured, and Underinsured Driver Accidents in Texas

Some of the hardest car accident claims involve rideshare vehicles or drivers who are not properly insured. These cases turn on which insurance policy applies, and that answer is not always obvious.

Rideshare (Uber and Lyft) Accidents

Rideshare coverage depends on what the driver was doing at the moment of the crash. When the app is off, only the driver's personal policy applies. When the driver is waiting for a ride request, limited contingent coverage applies. Once a ride is accepted or a passenger is in the car, a larger commercial policy typically applies. We determine which phase applies and pursue the correct policy.

Uninsured and Underinsured Motorist Claims

Texas only requires drivers to carry minimum liability coverage under Transportation Code Section 601.072. In a serious injury case, that coverage is rarely enough. If the at-fault driver has no insurance or too little, your own uninsured/underinsured motorist (UM/UIM) coverage can close the gap. We help you pursue every available policy.

How We Prove Fault in a Texas Car Accident Claim

Winning a car accident claim comes down to proving who caused the crash and documenting how it harmed you. Insurance companies look for any reason to shift blame, so strong evidence is what protects your recovery. We move quickly to gather and preserve it.

• Texas Peace Officer’s Crash Report (CR-3): The official police report that records the officer’s findings and any citations issued.
• Dashcam and surveillance footage: Video from your vehicle, nearby businesses, or traffic cameras, often deleted within days if not requested.
• Witness statements: Independent accounts that support your version of events.
• Vehicle black box (EDR) data: Speed, braking, and throttle data pulled from the event data recorder.
• Crash reconstruction and expert testimony: Engineers and medical experts who connect the crash to your injuries.
• Medical records: Documentation that ties your injuries directly to the collision.

In Texas, the at-fault driver is not always the only party who is legally liable. When a crash is caused by an employee on the job, a rideshare driver, or a commercial driver, the employer or company may share responsibility. We identify every liable party so no source of compensation is left on the table.

What to Do After a Car Accident in Texas

The steps you take immediately following a car crash can significantly impact your ability to recover compensation. Here's what you should do to protect your health and your legal rights:

Seek Medical Attention Immediately

Even if you don't think you're seriously injured, it's essential to see a medical professional. Some injuries, particularly internal injuries and traumatic brain injuries, may not show symptoms immediately. Having medical records from right after the accident strengthens your personal injury case.

Call the Police

Always request that police respond to the accident scene. The police report and crash report will be important evidence in your car accident claim. Make sure to get the accident report number before leaving the scene. Ask for the CR-3 crash report number before leaving the scene so you can obtain a copy later.

Document Everything

Take photos of the vehicles, the accident scene, your injuries, and any property damage. Get contact information from witnesses and the other driver. This documentation will be valuable when filing your injury claims.

Contact Your Insurance Company

Report the accident to your insurance company, but be careful about what you say. Insurance companies often try to minimize payouts, so it's wise to speak with a car accident attorney before giving detailed statements. Do not give a recorded statement to the other driver’s insurer before speaking with a lawyer, as those statements are often used to reduce or deny your claim.

Don't Accept Quick Settlement Offers

The at-fault driver's insurance company may contact you quickly with a settlement offer. These initial offers are often far below what your case is worth. The insurance adjuster’s main job is to pay you as little money as possible. Consult with our experienced car accident lawyers before accepting any settlement.

Keep Detailed Records

Save all medical bills, documentation of lost wages, and records of other expenses related to your accident. This information will be crucial for calculating the full value of your personal injury claims.

The Texas Car Accident Claim Process: What to Expect

Most people have never filed an injury claim before and want to know what happens next and how long it takes. Every case is different, but the path usually follows the same stages.

1. Investigation: We gather the crash report, evidence, and medical records to establish fault and damages.
2. Medical treatment and documentation: We wait until your condition stabilizes so the full cost of your injuries is clear.
3. Demand and negotiation: We present a demand to the insurer and negotiate for a fair settlement.
4. Filing suit: If the insurer refuses to pay fairly, we file a lawsuit before the deadline expires.
5. Discovery and mediation: Both sides exchange evidence and often attempt to settle through mediation.
6. Trial: If no fair settlement is reached, we are prepared to present your case to a jury.

Many claims settle within a few months, while cases involving serious injuries or disputed fault can take a year or longer.

Texas Car Accident Laws You Should Know

Knowing the Texas car accident laws that apply to your case helps you handle the legal process with confidence. Our experienced car accident attorneys stay current with all relevant Texas laws to provide you with knowledgeable representation.

Modified Comparative Negligence

Texas follows a modified comparative negligence rule, meaning you can still recover compensation even if you were partially at fault for the accident, as long as you were less than 50% responsible.

Under Texas Civil Practice and Remedies Code Section 33.001, a claimant who is more than 50% at fault recovers nothing. If you are found partially at fault, your award is reduced by your share of fault. For example, on a $300,000 award with 10% fault, $30,000 is subtracted, and you recover $270,000.

Statute of Limitations

In Texas, you generally have two years from the date of the auto accident to file a personal injury lawsuit under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline usually bars your claim, so it’s important to contact our injury lawyers as soon as possible to preserve evidence and protect your rights.

Insurance Requirements

Texas requires all drivers to carry minimum liability insurance. The minimum limits are $30,000 per injured person, $60,000 per crash, and $25,000 for property damage. Many drivers carry only these minimums, which may not be enough to cover serious injuries from a crash.

No-Fault vs. At-Fault State

Texas is an at-fault state, meaning the person responsible for causing the accident is liable for damages. This is why establishing negligence is crucial in car accident cases.