Accidents & Injuries in Texas

Texas Civil Practice and Remedies Code Section 16.003 provides a two-year statute of limitations for personal injury claims. For claims against government entities, the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.101) requires a notice of claim within six months of the accident. Missing the government notice deadline may permanently bar your claim even before the two-year period expires.

Under Texas Civil Practice and Remedies Code Section 33.001, Texas uses modified comparative fault with a 51% bar. If you are 50% or less at fault, you can recover damages reduced by your fault percentage. If you are found more than 50% at fault, you are completely barred from recovering any compensation from the other party. Texas also permits "responsible third parties" to be designated for fault allocation.

No. Texas is a traditional tort (fault-based) state. The at-fault driver's liability insurance is responsible for compensating injured parties. Texas does not require mandatory personal injury protection (PIP), though optional PIP coverage is available and must be offered by insurers.

Texas does not cap compensatory damages in most personal injury accident cases. However, non-economic damages in medical malpractice cases against health care providers are capped at $250,000 per defendant and $500,000 total under Tex. Civ. Prac. & Rem. Code § 74.301. Government claims under the Texas Tort Claims Act are subject to recovery caps. Punitive damages in Texas are capped at twice economic damages plus up to $750,000 in non-economic damages.

Under Texas Civil Practice and Remedies Code Section 33.004, defendants in a personal injury lawsuit may designate "responsible third parties" — individuals or entities who may share fault for the accident but are not named as defendants. This could include employers, government entities, or other drivers. Once designated, the jury allocates fault percentages to all parties including responsible third parties. This mechanism can reduce a named defendant's share of liability, potentially leaving the plaintiff unable to collect a portion of the judgment if the responsible third party is judgment-proof or immune from suit.

Texas is one of the busiest trucking corridors in the country, and commercial truck accident claims often involve additional legal considerations beyond standard auto accidents. Federal Motor Carrier Safety Regulations (FMCSRs) impose specific duties on trucking companies regarding driver hours-of-service, maintenance, and hiring. Violations of these federal regulations may be used as evidence of negligence. Texas law also allows claims against the trucking company under respondeat superior and potentially under negligent hiring, training, or supervision theories. Given the severity of injuries typically involved, these cases frequently involve multiple defendants and large damage claims.