Author: Shelby Benavidez 

Contributing Attorney: Camille Pace, attorney 

A car accident can turn your life upside down in seconds. Beyond dealing with painful injuries, many people suddenly face medical bills, lost income, and the stress of trying to figure out what to do next. If you were hurt because of someone else’s negligence, you may have the right to pursue a personal injury settlement. 

This guide breaks down the key things Texans should know about car accident lawsuits – from who can sue to how long the process takes, what evidence matters, and how settlements are calculated. The goal is to help you understand your rights and the steps you need to take to protect them. 

Understanding Your Rights After a Car Accident in Texas 

Who Can Sue After a Car Accident in Texas? 

In Texas, anyone injured due to another driver’s negligence has the legal right to file a personal injury claim, including drivers, motorcyclists, bicyclists, and pedestrians. Many passengers may not realize it, but they also have the right to file a personal injury claim, even if they were in the at-fault driver’s vehicle.  

You don’t have to be directly injured by the at-fault driver to seek a claim. Family members of incapacitated victims can file on their loved one’s behalf, and surviving relatives of deceased victims can file a wrongful death claim.  

It’s important to note that Texas is an “at-fault” or “tort” state, which means the person responsible for causing the crash (or their insurance company) is responsible for paying any damages. 

However, fault isn’t always black and white. Texas follows the 51% Modified Comparative Negligence Rule. This means you can recover compensation for your injuries as long as you are not found more than 50% at fault for the accident, but your recovery will be reduced by your percentage of fault. For example, if you were found 20% at fault and your damages total $100,000, you would be able to recover $80,000. 

How Long Does Someone Have to Sue After a Car Accident in Texas? 

Texas has a strict two-year statute of limitations for personal injury lawsuits, and the clock starts on the date of the accident. If you miss this deadline, you’re likely losing the right to sue – no matter how strong your case is. 

Aside from the statute of limitations, waiting too long to file can weaken your case because evidence degrades or disappears over time, witnesses’ memories fade and may be difficult to track down, and insurance companies become harder to negotiate with. If there was a gap between the accident and when you file, the insurance company will try to use that against you. The sooner you take action, the stronger your claim will likely be. 

What Evidence Is Needed After a Car Accident? 

In order to have a successful personal injury claim in Texas, you’ll need to prove two things: liability and injuries. For liability, you’ll have to provide evidence that the other driver caused the accident. Important evidence includes things like photos of the accident scene, ranging from damage to both vehicles to skid marks and road conditions, and surveillance or dashcam footage, if available. 

Police reports and witness statements can also be valuable evidence for proving liability in a car accident claim. When police arrive at the scene of an accident, they typically create an official report with details about how the accident happened and who the officer believes is at fault. If other drivers or bystanders witnessed the crash, their recollection of what happened can also help strengthen the claim.  

To prove the extent of your injuries, you’ll need documentation, including medical records that show treatment and diagnoses, medical bills, proof of lost wages, and any receipts for transportation, home care, or other accident-related expenses.  

Sometimes, the evidence you provide isn’t enough for the insurance company to accept liability and pay you full value. In this case, your attorney may call for expert testimonies from doctors or accident reconstruction specialists to help prove your claim. Basically, the more evidence you have, the easier it becomes to negotiate a fair settlement. 

Navigating the Personal Injury Claims Process 

What Is the Process of a Personal Injury Case After a Car Accident? 

A personal injury case happens in stages, and while every case is unique, they’ll almost always follow a basic outline. 

1. Medical Treatment and Initial Evaluation 

Your health comes first – always seek treatment immediately. Treatment will likely continue throughout your case until you understand the full extent of your injuries. 

2. Consult with a Personal Injury Attorney 

A qualified lawyer will evaluate your case, explain your rights, and help gather evidence. 

3. Investigation and Evidence Collection 

Your attorney will examine the accident details, speak with witnesses, review medical records, and determine liability. 

4. Demand Letter 

After calculating your damages, your attorney sends a formal demand to the insurance company outlining what compensation you are seeking. 

5. Negotiation 

Insurance companies may offer a significantly lower amount than what you’re hoping for. Your attorney will continue negotiations on your behalf, but they should always keep you informed on what’s been offered. 

6. Filing a Lawsuit (If Necessary) 

If negotiations stall or the insurer refuses to make a fair offer, your attorney may file a lawsuit. 

7. Discovery Phase 

Both sides exchange evidence, take depositions, and build their arguments. 

8. Mediation or Settlement Talks 

Negotiations don’t stop simply because a lawsuit is filed. While waiting for your court date, your attorney and the insurance company will continue to negotiate and attend mediation to try and reach an agreement before trial. Over 95% of personal injury cases are settled before trial. 

9. Trial 

If no agreement is reached, the case goes to trial and a judge or jury decides the outcome. 

How Long Does It Take to Get a Settlement from a Car Accident in Texas? 

The timeline of a personal injury case can vary depending on the complexity of your injuries and the willingness of the insurance company to negotiate in good faith. Some cases may take six months to a year to resolve, while others may take a couple of years.  

Treatment can be one of the longest, yet most important phases of a personal injury case. Without knowing the full extent of your injuries, it’s hard to say what “full value” is for you. If you accept a settlement without understanding what future care will look like, you may end up paying more out of pocket later on.  

Other key factors might include disputes over who was at fault, whether expert testimony is needed, and the insurance company’s negotiation tactics; if the insurer delays, makes low offers, or challenges your claims, it can extend the timeline. They do this to try and wear you down financially and emotionally so that you’ll settle for much less than what your case is worth. It’s important to remember that settling too fast often means settling for too little. 

If the insurance company refuses to play fair and your case ends up going to court, the process can take much longer due to court schedules, hearings, and trial preparation. However, trial may be necessary to get you the compensation you deserve. 

What Is the Average Settlement for a Car Accident in Texas? 

We get questions like this all the time. Potential clients may ask, “Well, how much is my case worth? How much can I sue for after my accident?” They’re valid questions, but it really just depends. There is no one-size-fits-all settlement amount. Some cases may result in $40,000 settlements, while others may result in $4,000,000,000 verdicts.  

The most important thing to understand is that, in most cases, you will be limited by the policy. If the other driver has minimal coverage, that is all you will be able to recover from them. The same goes for your own policy; if you have UM/UIM or PIP coverage, you can go after your own insurance company for additional compensation. 

Other factors may include medical expenses – both current costs and any future treatment you may need – as well as lost income and reduced earning ability if your injuries affect your ability to work. Pain and suffering, permanent disability or impairment, and emotional distress are also taken into account since they reflect the long-term impact of the accident on your daily life. 

Contact a Qualified Personal Injury Attorney 

Ultimately, you can accept the first settlement offer the insurance company gives you and call it a day—but doing so may cost you far more in the long run. Early offers are usually low and rarely cover the full scope of your medical expenses, lost income, or long-term needs. Accepting too soon can lead to more headaches, more stress, and more financial strain down the road. That’s why we strongly recommend speaking with a qualified personal injury attorney before making any decisions. 

Most personal injury attorneys offer free consultations and work on a contingency fee basis, meaning you never pay anything upfront. They are only paid if they win your case, and their fee comes out of your final settlement – not your pocket. An attorney also takes the pressure off you by handling insurance negotiations, gathering evidence, meeting legal deadlines, and ensuring your rights are protected at every stage. 

If you’ve been injured in a car accident in Texas, the steps you take today can shape your physical and financial recovery for years to come. A skilled personal injury lawyer can protect your rights, build a strong case, maximize your settlement, and take your case to trial if necessary. You don’t have to navigate this process alone – experienced legal support can give you the clarity, confidence, and leverage you need to secure the compensation you deserve.