Texas has more road miles than any other state, from Houston's Loop 610 and I-45 to the long stretch of I-10 between San Antonio and El Paso. Oil-field and port freight puts heavy trucks on many highways. Texas follows a 51% bar rule called proportionate responsibility.
Is Texas a no-fault state?
No — Texas is an at-fault state. Texas is an at-fault state. The driver who caused the crash — through their liability insurer — is generally responsible for the injured person's losses. You can usually file a claim with that insurer, with your own insurer, or file a lawsuit.
Insurers in Texas must offer $2,500 of PIP, which you can reject in writing.
Learn more in our guide to what a no-fault state is.
How does shared fault work in Texas?
Texas follows a modified comparative fault rule with a 51% bar. Your recovery may be reduced by your share of fault, and you generally cannot recover if you are found more than 50% responsible.
For example, if you were found 20% at fault for a crash in Texas, your compensation could be reduced by 20%. If your share reached the 51% bar, you could be barred from recovering from the other driver.
Read more: what comparative fault means.
How long do I have to file a car accident claim in Texas?
In Texas, the general deadline to file a personal injury lawsuit is two years from the date of the injury, with some exceptions.
Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of Texas often need formal notice within months. Different rules can also apply to minors and wrongful death claims.
What are Texas's minimum car insurance requirements?
Texas requires drivers to carry at least $30,000 per person / $60,000 per accident for bodily injury, and $25,000 for property damage.
Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.
What should I do after a car accident in Texas?
Get safe, get medical care and protect your evidence. These steps apply anywhere in Texas:
- Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like I-35 or I-10.
- Call the police and ask how to get the crash report. Texas generally requires reporting crashes that cause injury, death or significant damage.
- Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
- Get the names and phone numbers of witnesses.
- See a doctor promptly, even if you feel fine.
- Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
- Talk to an independent Texas attorney before signing any release, keeping the two years deadline in mind.
Our full what to do after a car accident guide goes into more detail.
Where do car accidents happen in Texas?
Crashes happen everywhere, but traffic is heaviest in and around Houston, San Antonio, Dallas, Austin, Fort Worth and El Paso. Major routes include I-35, I-10, I-45, I-20, I-30, US-59/I-69 and Loop 610. Our attorney-matching service covers every county in Texas.