Texas Car Accident Lawyer: Maximize Your Injury Claim

If you were hurt in a Texas car crash, the steps you take now can significantly affect your recovery. This guide explains key Texas rules, the evidence insurers look for, and how a lawyer can help you protect your claim.

Understanding Texas Fault and Insurance Basics

Texas follows an at-fault system for auto collisions. The driver who is legally responsible must pay for damages, typically through their liability insurer. See the Texas Department of Insurance for an overview of coverages.

Your own policy may help too: personal injury protection (PIP) is included in Texas auto policies unless rejected in writing, medical payments coverage is optional, and uninsured/underinsured motorist (UM/UIM) coverage can apply if the other driver lacks sufficient insurance. The TDI guidance explains these options.

Texas uses proportionate responsibility. If you are partially at fault, your recovery may be reduced by your percentage of fault, and you cannot recover if you are more than 50% at fault. See Tex. Civ. Prac. & Rem. Code ch. 33. Liability findings are evidence-driven, so early investigation is critical.

Immediate Steps After a Crash

Safety first: move to a safe location if possible and call 911 for police and medical assistance. Exchange information with the other driver and gather witness names and contact details. Photograph vehicle positions, damage, skid marks, debris, traffic signals, and weather or lighting conditions. Get prompt medical evaluation—even if symptoms seem minor—to document injuries and causation. Notify your insurer promptly and avoid detailed recorded statements until you understand your rights.

Have questions after a crash? Contact our Texas team.

Medical Documentation and Damages

Comprehensive medical documentation is essential. Follow treatment plans and keep records such as imaging, specialist notes, prescriptions, and physical therapy logs. Track symptoms (pain, mobility limits, sleep issues) and how injuries affect daily activities. Preserve proof of wage loss, missed opportunities, and out-of-pocket expenses. Where appropriate, assess future needs such as ongoing care, reduced earning capacity, and accommodations.

Evidence That Strengthens Your Claim

Helpful evidence often includes: police crash reports, scene and vehicle photos, dashcam or surveillance footage, electronic vehicle data, cell phone records, independent witness statements, repair estimates, and expert analyses (accident reconstruction or biomechanics when warranted). Preserve vehicles before repair if liability is disputed. Keep all insurance correspondence. Consistency across medical, employment, and insurance records enhances credibility.

Dealing With Insurance Adjusters

Adjusters may ask for quick statements or broad medical releases. Provide factual basics but avoid speculation about fault or injuries. Do not sign blanket medical authorizations that allow access to unrelated history. Be cautious with early settlement offers before you understand the full scope of injuries and future needs. Written communication helps maintain a clear record. A lawyer can handle negotiations, identify all coverage sources, and evaluate whether offers reflect the claim’s full value.

Comparative Fault and How It Affects Compensation

When fault is disputed, objective evidence (traffic laws, damage patterns, event data, and credible witnesses) can be decisive. Under Texas’s modified comparative fault rule, your compensation is reduced by your share of responsibility, and recovery is barred if you are more than 50% at fault. See Chapter 33. Swift investigation and expert input can minimize unfair fault apportionment.

Property Damage, Total Loss, and Diminished Value

You can pursue repair costs, total loss value, rental or loss-of-use, towing and storage, and—where applicable—diminished value. Document pre-accident condition, mileage, options, maintenance, and market comparables. If your vehicle is declared a total loss, review the valuation and submit objective data supporting a higher actual cash value if warranted.

When to Contact a Texas Car Accident Lawyer

Consult an attorney promptly for significant injuries, disputed liability, multiple parties, commercial vehicles, hit-and-run or uninsured drivers, government entities, or complex medical issues. A lawyer can preserve evidence, coordinate medical documentation, manage insurer communications, calculate damages, evaluate settlement, and, if necessary, file suit and litigate.

Lawsuits and Deadlines

Texas law sets strict deadlines. For many personal injury claims, the general statute of limitations is two years from the crash date (subject to exceptions). See Tex. Civ. Prac. & Rem. Code § 16.003. Claims involving governmental units have special notice requirements—often within six months—and some local governments impose shorter deadlines. See the Texas Tort Claims Act. Because timing rules are strictly enforced, speak with a lawyer as soon as possible.

Maximizing Your Settlement or Verdict

• Seek timely medical care and follow provider recommendations.
• Preserve and organize evidence from day one.
• Avoid social media posts that could be misunderstood.
• Identify all available coverages and policy limits.
• Quantify all damages categories, including future needs where supported.
• Use experts when appropriate to substantiate liability and damages.
• Be consistent and truthful across medical, employment, and insurance records.

Frequently Asked Questions

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

Generally two years from the date of the crash, subject to exceptions. Government-related claims can have much shorter notice deadlines. Speak with a lawyer promptly.

Do I have to give the insurance company a recorded statement?

You must cooperate with your own insurer, but you can usually decline recorded statements to the other driver’s insurer until you understand your rights.

What if I was partly at fault?

Your compensation may be reduced by your percentage of fault. If you are more than 50% at fault, you may be barred from recovery.

What damages can I recover?

Medical expenses, lost wages, pain and suffering, impairment, and, when supported, future care costs and reduced earning capacity. Property damage and loss-of-use may also be available.

When should I call a lawyer?

As early as possible if injuries are significant, fault is disputed, insurance is limited, or multiple parties are involved.

What Our Firm Does for Texas Crash Victims

We investigate quickly, secure evidence, coordinate care and records, assess all insurance coverage, build a detailed damages package, negotiate firmly, and prepare every case as if it will go to trial. If a settlement does not fully and fairly compensate you, we are ready to file suit and advocate in court.

Contact us to discuss your Texas car accident claim.

Legal notice (Texas): This information is general and not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines change and vary by facts; consult a licensed Texas attorney about your situation. See: TDI (auto insurance), CPRC ch. 33 (proportionate responsibility), CPRC § 16.003 (limitations), and TTCA.