Texas Car Accident Law Basics
Texas follows a modified comparative fault rule (51% bar): you can recover damages as long as you were not more than 50% at fault. Your recovery is reduced by your percentage of fault. Texas has a two-year statute of limitations for personal injury claims -- miss this deadline and your claim is permanently barred.
Texas requires drivers to carry minimum liability insurance: $30,000 per person/$60,000 per accident for bodily injury and $25,000 for property damage. Many drivers carry only minimum coverage, making underinsured motorist coverage from your own policy important.
Steps After an Austin Car Crash
Call 911 to report the crash and ensure medical response. Do not admit fault at the scene. Collect information: driver's license, insurance, vehicle registration, contact information for all parties and witnesses, and badge number of responding officers. Photograph the scene, vehicle damage, road conditions, and your injuries. Seek medical attention immediately -- even if you feel fine, some injuries manifest hours or days later.
File a crash report with the Texas Department of Transportation if police don't file one. Notify your insurance company but do not give a recorded statement to the other driver's insurance without consulting an attorney. Texas requires a report for accidents involving injury, death, or property damage over $1,000.
What You Can Recover After a Texas Car Crash
Recoverable damages in Texas include: medical expenses (past and future); lost wages and earning capacity; vehicle repair or replacement; pain and suffering; mental anguish; disfigurement; physical impairment; and loss of consortium. Texas does not cap compensatory damages in car accident cases, allowing full recovery for documented harm.
Filing in Austin / Travis County
Auto accident claims in Austin are filed in Travis County courts. Small claims (under $20,000): Justice of the Peace Court. Claims from $20,001-$250,000: County Court at Law. Claims over $250,000: Travis County District Court. Many cases settle before filing through insurance negotiation, but having counsel ensures you can file suit if needed. Related: Car Accident Lawsuit Settlement.
Finding an Austin Car Accident Attorney
Austin personal injury attorneys handle car accident cases on contingency. The State Bar of Texas lawyer referral service, and bar-certified personal injury specialists in Austin, can connect you with qualified attorneys. Consultation is free for car accident cases.
How to Get Legal Help
If you believe you qualify based on the eligibility criteria described above, the next step is a free consultation with an experienced attorney. Most plaintiff-side attorneys handling these cases work on contingency -- meaning you pay nothing unless your case results in a recovery. Bring any relevant documentation including receipts, correspondence, or evidence of the harm you experienced.
To stay current on case developments, claim deadlines, and settlement news, bookmark this page and subscribe to LawsuitWatch alerts. Coverage is updated as new court filings, settlement announcements, and eligibility changes are made public.
Free Legal Evaluation
Do You Qualify to File a Claim?
Our network of verified plaintiff attorneys offers free, no-obligation case evaluations. Contingency fee representation means you pay nothing unless you win.
Austin Car Crash Lawsuit: Filing Claims After a Texas Auto Accident: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
How long do I have to sue after a car crash in Texas?
Two years from the date of the accident. Missing this deadline permanently bars your claim.
What if the other driver was uninsured in Texas?
Your own uninsured/underinsured motorist coverage applies. Texas requires insurers to offer UM/UIM coverage; you may have rejected it when purchasing your policy.
Should I accept the insurance company's settlement offer?
Not without consulting an attorney. First offers typically undervalue claims. An attorney can assess full damages including future medical costs and pain and suffering.
What is Texas's comparative fault rule?
If you were partly at fault, your recovery is reduced by your percentage. If you were more than 50% at fault, you cannot recover.
How much does an Austin car accident attorney cost?
Car accident attorneys work on contingency -- typically 33% of the recovery. No upfront cost.