After a car accident in Texas, your world suddenly feels turned upside down. You’re dealing with injuries, insurance calls, medical appointments, and vehicle repairs all at once. The last thing you want to think about is whether you have the right to take legal action against the other driver.
But here’s the good news: you absolutely can sue after a car accident in Texas, and the law is designed to protect you. Texas is what’s known as a “fault state,” which means the driver who caused the accident is legally responsible for paying the damages they created.
What makes Texas even more favorable to accident victims is something called comparative negligence. This rule means you can still recover compensation even if you were partially responsible for the accident. The system recognizes that most crashes involve some degree of fault from multiple parties, and it doesn’t penalize you for being a percentage at fault. You can recover as long as you weren’t more than 50 percent responsible.
Understanding what you can sue for, who you can actually hold liable, and the strict deadlines involved in filing can feel overwhelming. That’s where The Stephens Law Firm comes in. We help accident victims cut through the confusion, navigate the legal process, and recover the full compensation they deserve.
- You Have the Right to Sue: In Texas, you can file a lawsuit against the at-fault driver for damages resulting from a car accident, including medical expenses, lost wages, property damage, and pain and suffering.
- Comparative Negligence Works in Your Favor: Even if you were partially responsible for the accident, you can still recover damages as long as you weren’t more than 50% at fault. Your recovery amount will be reduced by your percentage of fault.
- Time Matters: In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. After this deadline passes, you lose your legal right to sue.
- Joe Stephens has secured car accident verdicts and settlements exceeding $7,000,000 for Texas clients and has tried over 150+ cases in 40 years.
Who can you sue after a car accident?
When you’re injured in a car accident, you typically have the right to sue the driver who caused the accident. However, you might also have claims against other parties depending on the circumstances of your case.
Common defendants in car accident cases
- The At-Fault Driver: This is the primary defendant in most car accident cases. You can pursue a claim against them for all damages resulting from the accident.
- The At-Fault Driver’s Insurance Company: While you technically sue the driver, their insurance company usually handles the claim and pays any settlement or judgment.
- The Vehicle Owner: If someone else owned the vehicle involved in the accident, they may be liable under a legal principle called “vicarious liability.”
- The Vehicle Manufacturer: If a defect in the vehicle contributed to the accident, you might have a product liability claim.
- Government Entities or Contractors: If poor road conditions or maintenance contributed to the accident, you may have a claim against the responsible government agency.
- Employers: If the at-fault driver was working at the time of the accident, their employer may be liable for negligent hiring or supervision.
How can you prove negligence in a texas car accident?
To succeed in a claim against the liable party, you must first establish that they acted negligently. To prove negligence in a car accident, you must establish the following elements in your case:
- Duty: The other driver owed you a duty of care. All drivers must drive safely and prevent harming others on the road.
- Breach: The other driver breached this duty of care with their actions or omissions.
- Causation: The other driver’s actions caused your injuries.
- Damages: You suffered damages as a result of the defendant’s actions and are owed compensation.
An experienced car accident attorney like Joe Stephens understands Texas negligence laws and can build a case establishing the necessary elements of negligence before you file suit. Having an attorney on your side can strengthen your position when seeking to prove negligence to insurance companies or in court.
What does negligent driving look like?
Negligent driving can take many forms. Understanding what constitutes negligent driving helps you recognize whether you have a valid claim. Common examples of negligent driving include:
- Drunk driving or driving while intoxicated
- Distracted driving (texting, phone use, eating)
- Failing to obey traffic rules and signals
- Reckless or careless driving
- Fatigued driving
- Speeding or driving too fast for conditions
- Failing to yield the right of way
- Improper lane changes
- Following too closely
If the other driver engaged in any of these behaviors, you likely have a strong case for proving negligence.
What evidence do you need to file a car accident lawsuit in Texas?
To succeed in a car accident lawsuit in Texas, you must provide evidence establishing the at-fault party’s negligence. The more evidence you can present, the stronger your case will look at the negotiation table or in court.
Important evidence that you should gather includes the following:
- Police reports
- Eyewitness statements and contact information
- Photos of vehicle damage, accident scene, and road conditions
- Video footage from traffic cameras or nearby businesses
- Medical records and treatment documentation
- Receipts for related expenses, such as medical bills or car repairs
- Proof of lost wages
- Insurance information from the other driver
While this can seem daunting to collect in the aftermath of a car accident, don’t let it deter you from pursuing a lawsuit. Attorney Joe Stephens has spent years investigating car accidents and building cases. He’ll gather the evidence you need to prove your claim, so you don’t have to navigate this process alone while you’re recovering.
What damages can you recover?
Texas law allows you to recover several types of damages if you successfully prove the other driver was negligent. Understanding what you can claim helps you understand the full value of your case.
Economic damages
These are quantifiable financial losses directly resulting from the accident:
- Medical expenses (emergency room, surgery, therapy, medications, future medical care)
- Lost wages and loss of earning capacity
- Property damage (vehicle repair or replacement)
- Transportation and accommodation costs
- Out-of-pocket expenses related to your recovery
Non-economic damages
These are more subjective but equally important in your recovery:
- Pain and suffering
- Emotional distress and anxiety
- Loss of enjoyment of life
- Scarring and disfigurement
- Loss of companionship or consortium
Punitive damages
In cases where the at-fault driver’s behavior was particularly reckless or intentional, you may be awarded punitive damages intended to punish them and discourage similar behavior. However, these are relatively rare in standard car accident cases.
Understanding Texas comparative negligence
One of the most important factors in Texas car accident cases is comparative negligence. This legal principle protects accident victims even when they’re partially at fault for the collision.
Texas uses a modified comparative negligence system. This means:
- You can recover damages even if you were partially at fault
- You cannot recover if you were 50% or more at fault
- Your compensation is reduced by your percentage of fault (if you’re 20% at fault and your damages are $100,000, you receive $80,000)
- The burden is on the defendant to prove your degree of fault
This system recognizes that accidents are often caused by multiple factors and both parties may share some responsibility. It’s designed to be fair to injured victims while not rewarding those who were primarily responsible for their own injuries.
The Statute of Limitations: 2-Year Deadline
One of the most critical deadlines you need to know about is the statute of limitations. This is the legal time limit you have to file a lawsuit after an accident.
Texas personal injury statute of limitations
In Texas, you have two years from the date of the car accident to file a personal injury lawsuit. If you miss this deadline, you will lose your right to sue, even if you have a strong case and significant damages.
This timeline applies whether you’re pursuing a claim for physical injuries, property damage, or both. If you’re filing a claim under your own uninsured or underinsured motorist coverage, you also have two years from the date of loss.
However, there are some rare exceptions to this rule:
- If the defendant is a minor or mentally incapacitated, the timeline may be extended
- If the defendant leaves Texas, the time they’re absent may not count toward the statute of limitations
- If you discover an injury later, the clock may start from the discovery date in some circumstances
Because these exceptions are limited and complex, it’s important to start the claims process as soon as possible after your accident.
Why You Need an Attorney After a Car Accident
While you have the right to handle your own claim, the reality is that insurance companies come prepared with lawyers and adjusters whose job is to minimize what they pay you. They may try to shift blame to you or severely undervalue your injuries. You need someone equally prepared to fight for your interests.
That’s where Joe Stephens comes in. As the founder of The Stephens Law Firm and a personal injury attorney with over 40 years of experience protecting injured Texans, Joe brings credentials and commitment that matter. He’s double board-certified by the Texas Board of Legal Specialization and Board Certified in Civil Trial Law by the National Board of Trial Advocacy, recognizing his expertise at the highest level.
Unlike larger law firms where your case gets passed between multiple attorneys, Joe personally handles every single case from start to finish. You get direct access to someone with decades of experience, not a junior associate or paralegal.
Insurance companies know his name and his reputation because they know he’s willing and prepared to take cases to trial if that’s what justice requires.
When you work with Joe, you get an attorney who will:
- Investigate the accident thoroughly and gather every piece of evidence
- Calculate the true value of your damages, not what the insurance company offers
- Handle all negotiations with insurance companies on your behalf
- Protect you from settlement offers that don’t reflect the reality of your injuries
- Manage all complex legal paperwork and critical deadlines
- Represent you in court if necessary
- Ensure your rights are protected from start to finish
Let the Stephens Law Firm Fight for Your Rights
If you’ve been injured in a car accident in Texas, you don’t have to face the insurance companies alone. Attorney Joe Stephens and his team have helped countless accident victims recover the compensation they deserve.
Our team is ready to answer your questions and help you understand whether you have a viable claim. With our guidance, you can focus on recovering while we handle the legal details of your case.
We offer free consultations to discuss your case, answer your questions, and explain your legal options. There’s no obligation and no cost to get started.
Schedule your free appointment today for a confidential consultation about your car accident claim by calling us at (936) 255-2415 for a free consultation or filling out our online form.
Common Questions About Car Accident Lawsuits in Texas
How Long Can Someone Sue You After a Car Accident in Texas?
The statute of limitations for filing a car accident lawsuit in Texas is two years from the date of the accident. This means someone injured in a car accident with you has up to two years to file a lawsuit against you. After two years have passed, they can no longer pursue legal action for that accident. However, insurance claims may have different timeframes, so it’s important to notify your insurance company promptly even if you believe you weren’t at fault.
How Likely Is It to Get Sued After a Car Accident?
The likelihood of being sued depends on several factors, including the severity of injuries, liability (who was at fault), and insurance coverage. Most car accident claims are resolved through insurance settlements rather than lawsuits. The person injured in the accident must believe they have a legitimate claim and sufficient damages to justify the time and expense of litigation.
However, here’s where working with an attorney like Joe Stephens makes a real difference. When you have legal representation, the other party’s insurance company takes you more seriously. They know you have someone protecting your interests and fighting for fair compensation.
What Is the Average Settlement for a Car Accident in Texas?
Car accident settlement amounts vary widely based on the severity of injuries, degree of fault, lost wages, and other factors. In Texas, average settlement amounts don’t really exist because each case is unique. A personal injury attorney can help evaluate your case and provide a more accurate estimate based on the specific facts of your situation.
