Every day, drivers across Dallas, Fort Worth, and throughout Texas face serious collisions that can change their lives in an instant. From medical bills to insurance disputes, the aftermath of a crash can feel overwhelming. Understanding how Texas law addresses negligence and compensation helps victims rebuild with clarity and confidence.
Texas follows a “fault” insurance system, meaning the driver responsible for the crash (and their insurer) must pay for the damages. This is governed under Texas Civil Practice and Remedies Code Chapter 33, which outlines comparative negligence rules. Under this system, you can recover compensation as long as you are less than 51% at fault for the accident.
For example, if you’re found 20% at fault, your damages award will be reduced by that same percentage. This makes accurate evidence collection and strong legal representation essential after any crash.
Auto accidents in Texas can occur for many reasons, but the most frequent include:
Distracted driving (texting or phone use)
Speeding or reckless driving
Drunk or drug-impaired driving (a crime under Texas Penal Code §49.04)
Failure to yield or running red lights
Unsafe lane changes and tailgating
Understanding the cause of your collision helps establish liability and guides how damages are pursued.
Immediately after a crash, your actions can protect both your safety and your legal rights:
Check for injuries and call 911. Texas law requires you to report any crash that causes injury or death.
Move to safety if possible and exchange information with all drivers involved.
Take photos of the scene, vehicle damage, and surroundings.
Avoid admitting fault—even a simple apology can be misinterpreted.
Seek medical attention, even if you feel fine. Some injuries (like whiplash or internal trauma) appear later.
Notify your insurance company promptly.
Failing to report an accident or provide accurate information can result in criminal penalties under Texas Transportation Code §550.021 (duty to stop and give information).
If another driver’s negligence caused your injuries, you may be entitled to recover damages such as:
Medical expenses (emergency care, therapy, medications)
Lost wages and reduced earning capacity
Pain and suffering
Property damage
Punitive damages, in severe cases involving recklessness or intoxication
These remedies are authorized under Texas Civil Practice & Remedies Code Chapter 41, which governs exemplary damages and negligence claims.
Texas law requires all drivers to carry minimum liability insurance:
$30,000 for bodily injury per person
$60,000 per accident
$25,000 for property damage
However, serious accidents often exceed these limits. In those cases, victims may need to pursue a civil lawsuit against the at-fault driver or other liable parties (such as employers or manufacturers).
Under Texas Civil Practice and Remedies Code §16.003, you generally have two years from the date of your accident to file a personal injury lawsuit. Missing this deadline could permanently bar your claim. Acting quickly ensures evidence is preserved and witnesses remain available.
Even a “minor” collision can cause lasting harm. Common injuries include:
Neck and back injuries
Traumatic brain injuries (TBI)
Broken bones and lacerations
Internal bleeding
Psychological trauma (PTSD)
Documenting these injuries and following medical advice is key to recovering full compensation.
The Texas Department of Transportation (TxDOT) reports thousands of serious crashes each year. Defensive driving, avoiding distractions, and staying sober behind the wheel remain your best protection. For more safety information, visit TxDOT’s Road Safety Resource.
For more detailed guidance on Texas accident laws, see:
After a Texas auto accident, the law provides clear protections—but only if you act quickly and wisely. Knowing your rights, gathering evidence, and understanding Texas fault and insurance laws can make all the difference in securing fair compensation.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.
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