If you were involved in a car accident in Texas, understanding the state’s laws is critical to protecting your right to compensation. Texas has specific rules about fault, insurance requirements, filing deadlines, and how damages are calculated — and the insurance company for the at-fault driver knows all of them. Attorney Chris Sanchez, based in McAllen, Texas, has handled hundreds of car accident cases across the Rio Grande Valley and all of Texas. This guide explains what every accident victim needs to know about Texas car accident law in 2025.
If you’ve already been injured and need help now, call or text Chris Sanchez at (956) 616-2020 anytime, 24/7. Consultations are always free and you pay nothing unless we win your case.
Texas Is an At-Fault (Tort) State
Texas follows an at-fault system for car accidents, also called a tort liability system. This means the driver who caused the accident — and their insurance company — is financially responsible for the damages they caused. Unlike no-fault states (such as Florida or Michigan), Texas accident victims are not limited to their own insurance for compensation. You can file a claim directly against the at-fault driver’s liability insurance, file a lawsuit against the at-fault driver, or in some cases, pursue both simultaneously.
Texas Modified Comparative Negligence (51% Rule)
Texas uses a modified comparative negligence system under Texas Civil Practice & Remedies Code §33.001. Here is how it works:
- If you are 50% or less at fault for the accident, you can recover damages — but your recovery is reduced by your percentage of fault
- If you are 51% or more at fault, you are barred from recovering any compensation
- Example: Your total damages are $100,000. A jury finds you were 20% at fault. You recover $80,000.
Insurance adjusters routinely try to assign you a higher fault percentage than you deserve to reduce what they pay. This is one of the most important reasons to have an attorney like Chris Sanchez negotiate on your behalf before you accept any settlement.
Texas Statute of Limitations for Car Accident Claims
Under Texas Civil Practice & Remedies Code §16.003, the statute of limitations for most personal injury claims — including car accidents — is 2 years from the date of the accident. Important exceptions:
- Minor victims: The 2-year clock does not start running until the minor turns 18
- Government vehicles: Claims against city, county, or state government entities must be filed with formal notice within 6 months under the Texas Tort Claims Act
- Hit-and-run / unidentified driver: Standard 2-year deadline applies, but must be filed against your own UM/UIM policy
- Wrongful death: 2 years from the date of death (not the accident, if they differ)
Missing the statute of limitations almost always permanently bars your claim. Contact attorney Chris Sanchez as soon as possible to preserve your rights.
Texas Minimum Auto Insurance Requirements
Texas law requires all drivers to carry minimum liability insurance under Texas Transportation Code Chapter 601. The minimum coverage is:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury (when multiple people are injured)
- $25,000 per accident for property damage
These minimums are often insufficient to cover serious injuries. A single ER visit, surgery, and physical therapy can easily exceed $100,000. This is why uninsured/underinsured motorist (UM/UIM) coverage is so important — and why negotiating aggressively with the at-fault driver’s insurer matters so much.
Uninsured and Underinsured Motorist Coverage in Texas
Texas has one of the highest rates of uninsured drivers in the country — an estimated 14% of Texas drivers have no insurance at all. Under Texas Insurance Code Chapter 1952, insurance companies are required to offer UM/UIM coverage to all policyholders, but you can waive it in writing. If you were hit by an uninsured driver, your UM/UIM coverage (if you have it) pays for your injuries.
In the Rio Grande Valley — a border region with significant cross-border traffic — uninsured and underinsured drivers are especially common. If you were hit by an uninsured driver, call Chris Sanchez immediately. There are still options to recover compensation even without the other driver’s insurance.
What Damages Can You Recover in a Texas Car Accident?
Texas law allows accident victims to recover two main categories of damages:
Economic Damages (Actual Financial Losses)
- Medical expenses — past and future (hospital bills, surgery, physical therapy, medications, medical devices)
- Lost wages — income you missed while recovering
- Loss of earning capacity — if your injuries permanently affect your ability to work
- Property damage — repair or replacement of your vehicle
- Out-of-pocket expenses related to the accident
Non-Economic Damages (Pain and Suffering)
- Physical pain and suffering — past and future
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Disfigurement or physical impairment
- Loss of consortium (impact on your marriage or family relationships)
Texas does not cap non-economic damages in car accident cases (unlike medical malpractice cases). An experienced personal injury attorney like Chris Sanchez will document and present all your damages to maximize your recovery.
Punitive Damages in Texas Car Accident Cases
Punitive damages (called “exemplary damages” in Texas) are available in cases involving gross negligence or intentional misconduct. Drunk driving accidents are the most common scenario where punitive damages apply. Under Texas Civil Practice & Remedies Code §41.008, exemplary damages are capped at the greater of: (a) two times economic damages plus up to $750,000 in non-economic damages, or (b) $200,000. When the at-fault driver was intoxicated, these additional damages can significantly increase your total recovery.
The Texas Personal Injury Claims Process
Step 1: Immediate Steps After the Accident
Call 911. Get a police report. Seek medical attention immediately — even if you feel fine, many serious injuries (whiplash, traumatic brain injury, internal bleeding) do not show symptoms right away. Document the scene with photos and get witness contact information.
Step 2: Notify Your Insurance Company
You are required to notify your own insurance company promptly. However, do not give a recorded statement to the other driver’s insurance company without first speaking to an attorney. Their adjusters are trained to get you to say things that reduce their liability.
Step 3: Contact a Personal Injury Attorney
The sooner you contact attorney Chris Sanchez, the better. Early involvement allows him to: preserve critical evidence (accident scene photos, surveillance camera footage, black box data from trucks), send preservation letters to prevent evidence destruction, identify all potentially liable parties, and deal directly with the insurance companies so you can focus on recovering.
Step 4: Medical Treatment
Follow all your doctor’s treatment recommendations consistently. Gaps in treatment are one of the most common ways insurance companies reduce settlement offers — they argue you must not have been that seriously injured if you stopped going to the doctor. Keep all medical records, bills, and receipts.
Step 5: Demand Letter and Negotiation
Once your medical treatment is complete (or your condition reaches maximum medical improvement), your attorney prepares a demand letter to the insurance company laying out all your damages and the legal basis for their liability. This begins the negotiation process. Most Texas car accident cases settle without going to trial.
Step 6: Filing a Lawsuit (If Necessary)
If the insurance company refuses to offer fair compensation, your attorney files a lawsuit in Texas state court. This must happen within the 2-year statute of limitations. Filing a lawsuit does not mean your case will go to trial — the vast majority of cases still settle after a lawsuit is filed but before a jury verdict.
Frequently Asked Questions About Texas Car Accident Laws
Does Texas require me to report a car accident to the police?
Yes — Texas law requires you to immediately report any car accident that results in injury, death, or property damage exceeding $1,000 to local law enforcement. Under Texas Transportation Code §550.026, failure to report can result in criminal penalties. For personal injury claims, a police report is also critical evidence. Always call 911 after any accident involving injuries.
What is Texas’s statute of limitations for car accident injury claims?
In Texas, the statute of limitations for car accident personal injury claims is 2 years from the date of the accident under Texas Civil Practice & Remedies Code §16.003. For wrongful death claims, the 2-year period runs from the date of death. For claims against government entities (city buses, county vehicles, TxDOT vehicles), a formal notice must be filed within 6 months under the Texas Tort Claims Act.
Can I still recover compensation if I was partly at fault in Texas?
Yes, as long as you were 50% or less at fault. Texas uses a modified comparative negligence system under Texas Civil Practice & Remedies Code §33.001. Your damages are reduced proportionally by your percentage of fault. If you were 25% at fault and suffered $80,000 in damages, you recover $60,000. If you were 51% or more at fault, you cannot recover anything. Insurance companies routinely try to assign you more fault than warranted — having an attorney fight this is critical.
What happens if the driver who hit me has no insurance?
If the at-fault driver is uninsured, you have several options: (1) File a claim under your own uninsured motorist (UM) coverage if you have it. (2) Sue the at-fault driver personally — though collecting a judgment may be difficult if they have no assets. (3) In hit-and-run cases with no identified driver, your UM coverage typically applies. Attorney Chris Sanchez handles uninsured motorist cases throughout the Rio Grande Valley and knows all available legal options to maximize your recovery.
How long does a Texas car accident settlement take?
Most Texas car accident cases settle within 6 to 18 months, though this varies significantly. Simple cases with clear liability and minor injuries can settle in 3 to 6 months. Cases involving serious injuries, disputed fault, or commercial vehicles (18-wheelers) can take 12 to 36 months. Cases that go to trial can take 2 to 4 years. Your attorney can give you a realistic timeline based on the specific facts of your case.
Should I accept the insurance company’s first settlement offer?
Almost never. Insurance companies’ first offers are almost always far below the actual value of your case. They make low initial offers because many accident victims — especially those without attorneys — accept them out of financial desperation. Once you sign a settlement and release, you cannot go back and ask for more money, even if your injuries turn out to be worse than expected. Always have an attorney evaluate any offer before signing anything.
Is there a personal injury attorney near me in McAllen who handles Texas car accident cases?
Yes. Chris Sanchez — The Relentless Lawyer — is a personal injury attorney with his main office at 317 W. Nolana Avenue, McAllen, TX 78504. He handles car accident cases under Texas law throughout the Rio Grande Valley (McAllen, Edinburg, Mission, Pharr, San Juan, Weslaco, Harlingen, Brownsville) and statewide from offices in San Antonio and Houston. He is bilingual in English and Spanish. Consultations are always free and you pay nothing unless he wins. Call or text (956) 616-2020, available 24/7.
Contact Chris Sanchez — Texas Car Accident Law Attorney
Understanding Texas car accident law gives you power. Having an experienced Texas personal injury attorney on your side gives you results. The Law Office of Chris Sanchez fights relentlessly for car accident victims throughout Texas — and we don’t get paid unless you do.
Call or text 24/7: (956) 616-2020
McAllen: 317 W. Nolana Avenue, McAllen, TX 78504
San Antonio: 4040 Broadway STE 525 | Houston: 9801 Westheimer Rd STE 300
Free consultation. No fees unless we win.


