Texas Car Accident Law Overview (2026)
Texas is an at-fault state: the driver who caused the accident is liable for all resulting damages. Texas uses modified comparative negligence with a 51% bar — you can recover if you are 50% or less at fault, but if you are found 51% or more at fault, you recover nothing.
Sources: NHTSA 2023 Traffic Safety Data; Texas Department of Transportation
Texas Minimum Insurance Requirements (2026)
All drivers in Texas are required by law to carry minimum liability insurance:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury (when multiple people are injured)
- $25,000 for property damage
Texas insurers are required to offer you uninsured/underinsured motorist (UM/UIM) coverage — you must affirmatively reject it in writing. Given that roughly 20% of Texas drivers are uninsured (one of the highest rates in the US), UM/UIM coverage is strongly recommended.
The 51% Comparative Fault Rule
- If you are 0–50% at fault: you can recover — your award is reduced by your percentage of fault
- If you are 51% or more at fault: you are completely barred from recovery
- Example: $150,000 damages, 40% at fault → recover $90,000
- Example: $150,000 damages, 55% at fault → recover $0
- Insurance adjusters will attempt to inflate your share of fault to reduce or eliminate their payment — document everything
Statute of Limitations
- Personal injury: 2 years from the date of the accident (TX CPRC §16.003)
- Property damage: 2 years from the date of the accident
- Wrongful death: 2 years from the date of death (not necessarily the accident date)
- Government entities: Notice of claim required within 6 months; lawsuit within 2 years
- Minors: Statute tolled until age 18, then 2 years
What Damages Can You Recover in Texas?
- Economic damages: Medical bills (past and future), lost wages, reduced earning capacity, vehicle repair/replacement
- Non-economic damages: Pain and suffering, mental anguish, disfigurement, physical impairment, loss of consortium
- Exemplary (punitive) damages: Available for gross negligence or malice; capped at the greater of $200,000 or 2× economic damages + $750,000 non-economic
- No cap on economic damages in Texas car accident cases
Steps to Take After a Texas Car Accident
- Call 911: Police report is required if anyone is injured, killed, or if damage exceeds $1,000 (Texas Transportation Code)
- Exchange information: Name, driver's license, insurance policy, plate number of all drivers involved
- Document extensively: Photos and video of all vehicles, road conditions, injuries, skid marks, traffic signals
- Obtain witness information: Names and contact info of anyone who saw the accident
- Seek medical attention promptly: Document all injuries — delays create opportunities for insurers to argue the injuries weren't caused by the accident
- File SR-13 if required: Texas requires you to file a crash report if investigating officers did not create one and damage exceeds $1,000
- Notify your insurer: Report the accident per your policy requirements (typically within 24–72 hours)
- Do not accept early settlement offers: Initial offers are almost always far below fair value — consult an attorney first
Texas Proportionate Responsibility statute (TX CPRC Chapter 33) governs how fault is allocated in multi-vehicle accidents. If the accident involved multiple at-fault drivers, the jury assigns a percentage of responsibility to each party. You recover from each defendant proportional to their share of fault — but only if your own fault is 50% or less.
Texas DUI/DWI Accident Claims
If the at-fault driver was intoxicated (BAC ≥ 0.08%), you may have additional legal avenues:
- Punitive (exemplary) damages are available against drunk drivers in Texas — juries frequently award them
- Texas Dram Shop Act: Establishments that serve alcohol to visibly intoxicated individuals may also bear liability
- Criminal restitution: The driver's criminal conviction can support your civil claim
Legal information, not legal advice. This guide provides general information about the law as it typically applies. It does not constitute legal advice, create an attorney-client relationship, or substitute for consultation with a licensed attorney. Laws vary by state and change frequently. May contain AI-generated content. We make no warranty as to the accuracy, completeness, or currency of this information. Do not rely solely on this guide for decisions about your legal situation — consult a licensed attorney in your jurisdiction.