Frequently Asked Questions in Texas

From traffic collisions in Houston to workplace injuries in Dallas or slip and falls in Austin, accidents can happen anywhere in Texas. If you or someone you love is recovering from an injury, it’s important to know your rights and responsibilities under state law. This FAQ page is designed to answer common questions Texas residents and visitors have after serious accidents.

What is the statute of limitations for personal injury claims in Texas?

In Texas, you have two years from the date of the accident to file a personal injury lawsuit. This applies to cases involving car accidents, premises liability, and most other injury claims. Missing the deadline usually means losing your right to compensation.

Can I still get compensation if I was partially at fault?

Yes. Texas follows a modified comparative fault rule, which means you can recover damages if you were less than 51 percent responsible for the accident. However, your compensation will be reduced by your percentage of fault. If you are 51 percent or more at fault, you cannot recover damages.

What should I do if I’m injured in a car accident?

Call 911, seek medical attention, and exchange information with the other driver. Take pictures of the vehicles, the scene, and any injuries. File a police report and contact your insurance company. If your injuries are serious, speak with an attorney before discussing the case with the insurance adjuster.

Does Texas have a cap on personal injury damages?

Texas does not cap damages in most personal injury cases, but there are limits in medical malpractice claims. For example, non-economic damages in medical malpractice cases are capped at $250,000 per claimant. There are no caps on economic damages like medical bills or lost income.

What happens if the other driver doesn’t have insurance?

If you’re hit by an uninsured or underinsured driver, your own policy may provide coverage through uninsured/underinsured motorist protection (UM/UIM). This optional coverage is highly recommended in Texas. Notify your insurer immediately after the accident and review your policy details.

Can I sue a business if I was injured on their property?

Yes. If a business fails to maintain safe conditions and you’re injured as a result, you may have a premises liability claim. Common hazards include wet floors, poor lighting, or broken steps. It’s important to report the incident, seek medical care, and document everything.

What if my accident happened while visiting Texas?

Out-of-state visitors have the same legal rights as residents when injured in Texas. Your case will follow Texas laws, including the two-year statute of limitations. A local attorney can assist you even if you return to your home state.

What is the difference between economic and non-economic damages?

Economic damages are measurable losses like medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, emotional distress, and reduced quality of life. Both types of damages may be available in a Texas injury case.

Are dog owners liable for bite injuries in Texas?

Texas follows a “one bite rule,” which means owners may be held responsible if they knew or should have known their dog had dangerous tendencies. However, if the dog has bitten before or shown aggression, liability is easier to prove. Victims should report the bite and seek medical care immediately.

What are dram shop laws in Texas?

Dram shop laws allow injured parties to hold bars or restaurants liable for overserving alcohol to someone who later causes harm. To file a successful claim, you must prove the establishment served alcohol to someone who was clearly intoxicated and that intoxication led to your injuries. These laws often apply in drunk driving cases.

How do I get a copy of my Texas accident report?

You can request a crash report through the Texas Department of Transportation’s Crash Report Online Purchase System at https://www.txdot.gov. You’ll need the report number or key details like the crash date and location. Reports are usually available within a few days after the accident.

Can I be compensated if a loved one died in an accident?

Yes. Surviving family members may file a wrongful death claim in Texas to seek compensation for loss of companionship, funeral costs, and other damages. These claims are usually filed by spouses, children, or parents. A separate survival action may also be filed to cover the victim’s pain and suffering before death.