Texas Personal Injury Laws: A Guide for Accident Victims

Texas Personal Injury Law Overview

Texas has a well-developed personal injury legal framework that affects how accident claims are handled in the state. This article provides an educational overview of the key legal concepts affecting Texas accident victims. It is not legal advice — consult a licensed Texas attorney for guidance specific to your situation.

Texas Statute of Limitations: 2 Years

Texas gives accident victims 2 years from the date of the injury to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). Missing this deadline typically results in permanent loss of the right to sue. Exceptions may apply for minors, cases involving the discovery rule, or claims against government entities (which have additional pre-suit notice requirements).

Texas Modified Comparative Fault (51% Bar)

Texas follows the modified comparative fault rule with a 51% bar. This means:

• You can recover compensation as long as you are 50% or less at fault
• Your recovery is reduced by your percentage of fault
• If you are found 51% or more at fault, you recover nothing

Insurance companies in Texas have a financial incentive to argue that you share more than 50% of the fault, which would entirely eliminate your claim. This makes proper documentation and legal representation important.

Texas Minimum Auto Insurance Requirements

Texas requires drivers to carry minimum liability insurance of:

• $30,000 per person for bodily injury (increasing requirement)
• $60,000 per accident for bodily injury
• $25,000 per accident for property damage

Uninsured/Underinsured Motorist Coverage in Texas

Uninsured motorist coverage is required to be offered in Texas, but drivers can reject it in writing. Given that Texas has a significant uninsured driver population, maintaining UM/UIM coverage is strongly advisable.

Texas Dram Shop Liability

Texas has a Dram Shop Act (Tex. Alco. Bev. Code § 2.02) that allows injured parties to sue establishments that served alcohol to a visibly intoxicated person who then caused injury or death. This can add an additional source of recovery in DUI-related accident cases.

Premises Liability in Texas

Texas follows a traditional premises liability framework based on the status of the entrant (invitee, licensee, or trespasser). The highest duty is owed to invitees — customers of businesses — who are owed a duty to discover and correct or warn of unreasonably dangerous conditions.

Texas Wrongful Death Claims

Texas allows wrongful death claims brought by surviving spouses, children, and parents of the deceased. The statute of limitations for wrongful death is 2 years from the date of death. Damages may include loss of companionship, mental anguish, and financial support.

If you were injured in a Texas accident, visit our Texas accident resources page or check your eligibility for assistance here.

Frequently Asked Questions

Does Texas have a cap on pain and suffering damages?

Texas caps non-economic damages in medical malpractice cases, but there is no such cap for personal injury cases arising from car accidents, truck accidents, or other types of negligence.

What are the special rules for accidents involving government vehicles in Texas?

Claims against Texas government entities require filing a formal notice of claim before suit. The Texas Tort Claims Act has specific requirements and limitations. An attorney should be consulted immediately if a government vehicle or entity may be involved in your accident.