A car accident changes things fast, and the legal rules that apply afterward are not always obvious. Who pays, how much insurance the other driver was required to carry, whether your own actions affect what you can recover, and how long you have to act are all questions Texas law answers directly, but not always intuitively.
This guide breaks down the core rules of Texas car accident law in plain language. At Darwich Law Firm, we walk clients through exactly these questions during a free case review, and this article reflects the same standard we apply to every case, though it is not a substitute for advice about your specific accident.
Texas Is an At-Fault State
Texas follows an at-fault system for car accidents. This means the driver who caused the crash, not each driver's own insurance regardless of blame, is generally responsible for the resulting damages. In practice, this is why the claims process usually starts with the at-fault driver's liability insurance rather than your own policy.
Texas's Modified Comparative Negligence Rule
Texas uses a modified comparative negligence rule, sometimes called proportionate responsibility. Under this rule, an injured person can still recover damages as long as their own share of fault is 50 percent or less. If you are found partly responsible, your compensation is reduced by that percentage. If you are found more than 50 percent at fault, Texas law generally bars recovery entirely.
This rule matters because insurance companies frequently dispute fault percentages to reduce what they owe. How fault gets allocated, and by whom, can significantly change the outcome of a claim.
Minimum Auto Insurance Requirements in Texas
Texas law requires drivers to carry liability insurance meeting at least these minimum limits, often written as 30/60/25:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury, if more than one person is hurt
- $25,000 for property damage
Texas auto policies also generally include personal injury protection (PIP) and uninsured/underinsured motorist coverage by default, unless the policyholder rejects that coverage in writing. Both of these can matter significantly when the at-fault driver carries only the state minimum or no insurance at all.
What Damages Can You Recover After a Texas Car Accident?
Texas law allows injured people to pursue several categories of damages after a crash, depending on the facts of the case:
- Medical expenses, both already incurred and reasonably expected in the future
- Lost wages and reduced future earning capacity
- Vehicle repair or replacement costs
- Pain and suffering and other noneconomic losses
In cases involving gross negligence or intentional misconduct, punitive damages, called exemplary damages under Texas law, may be available in addition to these. Exemplary damages require clear and convincing evidence, are capped by statute, and are the exception rather than the norm, so this should never be treated as a guaranteed or typical outcome.
Texas Car Accident Statute of Limitations
Most Texas car accident injury and property damage claims must be filed in court within two years of the accident date, under Texas Civil Practice and Remedies Code § 16.003. Wrongful death claims generally follow a two-year period as well, but it typically starts running from the date of death rather than the date of the crash. Certain situations, including claims involving minors, a legally incapacitated claimant, fraud, concealment, or a defendant who cannot be located, can affect how this deadline applies.
Special Rules for Government Vehicles and Wrongful Death
Crashes involving a government vehicle or government employee are handled differently than a typical two-car collision. Claims against Texas governmental units generally fall under the Texas Tort Claims Act, which often requires formal written notice within six months of the incident, separate from and in addition to the standard lawsuit deadline. Wrongful death cases involve their own rules about who is legally entitled to bring the claim, which is why both scenarios benefit from early legal guidance rather than a wait-and-see approach.
What to Do After a Car Accident in Texas
Texas law expects drivers involved in a crash to stop, check for injuries, and exchange information with the other driver. Police involvement is required, or strongly advisable, whenever the crash results in injury, death, or property damage over a certain threshold. The resulting police report, often called a Texas Peace Officer's Crash Report, becomes one of the most important pieces of evidence for both insurance claims and any later lawsuit, since it documents the scene, statements, and often an initial fault assessment while memories are still fresh.
How The Darwich Law Firm Can Help
Texas car accident law involves several rules working together at once: fault, insurance minimums, comparative negligence, and strict filing deadlines. Getting any one of them wrong can reduce or eliminate what you are able to recover. Omar Darwich is licensed to practice in Texas, New Mexico, Arizona, and Ohio, and personal injury, including car accident claims, is one of the firm's three core practice areas. Every case is reviewed directly with an attorney, not a rotating case manager, and the firm accepts personal injury cases on contingency, meaning there is no upfront attorney fee on qualifying cases.