A car crash can change your life in seconds — but you don’t have to face recovery alone. The moments after an accident are a blur of confusion and stress, leaving you wondering what to do next. For most people, the biggest question is whether they can take legal action to hold the other driver accountable for the harm they've caused.
Yes, you can sue after a car accident in Texas. Filing a lawsuit is a powerful tool you have to get the full and fair compensation you need for medical bills, missed paychecks, and the personal toll the crash has taken on your life. It becomes necessary when an insurance company’s offer won't even begin to cover what you've lost.
Filing a lawsuit sends a clear signal to the insurance company: you're serious, you know your rights, and you won't be lowballed.
Who Is Liable in a Texas Car Accident?
Figuring out who is legally responsible for your accident is the foundation of any personal injury claim in Texas. We call this legal responsibility liability, and proving it is the first and most important step toward getting the compensation you need to heal and move forward. When you ask, "Can I sue after a car accident?" what you're really asking is, "Can I prove the other driver is liable for my injuries?"
To answer that, we have to look at the idea of negligence. In simple terms, negligence means someone else acted carelessly, and their carelessness directly caused you harm. Think of it as a chain of events—your attorney's job is to connect each link, one by one, to build a strong and undeniable case.
Understanding Negligence: The Foundation of Your Claim
At the heart of every Texas car accident lawsuit is a simple but critical idea: negligence. In plain English, negligence just means that someone else failed to act with reasonable care, and their carelessness is the direct reason you got hurt.
For example, a driver scrolling through their phone in Houston traffic is not acting with reasonable care. If they blow through a red light and slam into you, their negligent behavior directly caused the crash and all your resulting injuries. To win a lawsuit, your attorney’s job is to prove that clear link between their bad decision and your losses.
The Four Elements of Negligence
To prove the other driver was negligent, a Houston car accident lawyer has to prove four key things. These elements are the building blocks of every successful personal injury lawsuit, and without all four, a case can't stand.
- Duty of Care: Every single driver on a Texas road has a legal duty to operate their vehicle safely and avoid harming others. This is a basic responsibility that includes obeying traffic laws, paying attention, and just generally driving like a reasonable person would.
- Breach of Duty: This is where the other driver failed to live up to that duty. The "breach" is the specific careless act that caused the crash. It could be anything from speeding or texting while driving to running a red light.
- Causation: The driver’s breach of duty—their careless act—must be the direct cause of the accident and your injuries. There has to be a clear, provable link between what they did wrong and the harm you suffered.
- Damages: Finally, we have to show that you suffered actual losses because of the accident. These damages are things like your medical bills, lost paychecks from missing work, the cost of car repairs, and the very real pain and suffering you've gone through.
Let's make it real. Imagine a Houston driver is texting while approaching an intersection on Westheimer Road. They blow through a red light and T-bone your car. Their texting was a clear breach of their duty to drive safely. That breach directly caused the collision. Your resulting hospital bills and broken arm are the damages. In that scenario, all four elements are clearly met.
How Texas Comparative Fault Rules Work
So, what happens if the insurance company tries to say you were also a little bit at fault? In Texas, that doesn't automatically mean you lose your right to compensation. Our state follows a rule called modified comparative fault, sometimes known as the 51% bar rule.
Under Texas Civil Practice & Remedies Code § 33.001, you can still recover damages as long as a judge or jury doesn't find you to be 51% or more responsible for the accident.
This means that if you are found to be, say, 10% at fault for the crash, your final compensation award will simply be reduced by 10%. If you were awarded $100,000, you would receive $90,000. As long as the other party carries the majority of the blame, you can still hold them financially accountable. This is a key protection for accident victims.
When Others Besides the Driver Are Liable
Sometimes, the driver isn't the only one on the hook. Liability can be more complex than it first appears, especially in certain situations. For example, if you were hit by a drunk driver who just left a local bar, the bar itself could be held partly liable for over-serving them. You can learn more about how this works by reading our guide explaining what is a dram shop law and how it applies here in Texas.
A good Texas injury attorney will investigate every possible angle of your accident to identify all potentially liable parties, which might include:
- The driver’s employer, if they were on the clock at the time of the crash.
- The manufacturer of the vehicle, if a defective part like faulty brakes caused the accident.
- A government entity, if things like poor road design or lack of maintenance contributed to the wreck.
Understanding liability is absolutely key to protecting your rights. It ensures that the people and companies whose negligence caused your pain are the ones held responsible for helping you put your life back together.
What Compensation Can You Recover in a Lawsuit?
After a car accident, the financial strain can feel just as crushing as the physical pain. When you decide to file a lawsuit, you’re not just seeking a quick payout—you're fighting to recover compensation that covers the full scope of your losses. In Texas, we call this compensation "damages."
Understanding the different types of damages you can pursue is a crucial first step. It ensures no cost is overlooked. Your claim is about making you whole again, and that means accounting for every single way the accident has turned your life upside down.
Economic Damages: The Tangible Costs
The most straightforward type of compensation is for economic damages. Think of these as all the concrete, calculable financial losses you’ve suffered because of the crash—the bills, receipts, and pay stubs that start piling up almost immediately.
Car accidents are a major driver of personal injury lawsuits, and these tangible costs add up fast. In 2022, the average U.S. auto liability claim for bodily injury was $26,501. The national economic toll of fatal crashes is even more staggering, hitting an estimated $417 billion annually when you factor in medical care, lost productivity, and property damage. You can discover more insights about personal injury law statistics on Clio.com to get a sense of the national impact.
A skilled Houston car accident lawyer will help you track down and document every economic loss, including:
- Medical Expenses: This covers everything from the ambulance ride and ER visit to ongoing physical therapy, future surgeries, prescriptions, and any other medical care you’ll need down the road.
- Lost Wages: If your injuries forced you to miss work, you have the right to recover the income you lost during that time.
- Loss of Earning Capacity: What if your injuries are permanent? If they prevent you from returning to your old job or earning what you used to, you can seek compensation for this devastating future loss.
- Property Damage: This is the cost to repair or replace your vehicle and any other personal items that were damaged in the collision.
Non-Economic Damages: The Intangible Losses
Not every loss comes with a neat price tag. Non-economic damages are designed to compensate you for the intangible—but very real—human costs of an accident. This is where the law acknowledges the personal toll the crash has taken on your quality of life.
While these losses are harder to put a number on, they are often the most significant part of a claim.
The Texas Civil Practice & Remedies Code gives you the right to seek compensation for the physical and emotional suffering you’ve endured. This is your chance to hold the at-fault driver accountable for the pain they caused you and your family.
Examples of non-economic damages include:
- Pain and Suffering: This is compensation for the actual physical pain, discomfort, and general misery you’ve experienced because of your injuries.
- Mental Anguish: A traumatic crash can leave deep emotional scars. This addresses the anxiety, depression, fear, or even PTSD that so many accident victims face.
- Physical Impairment: If you can no longer play with your kids, go for a run, or enjoy the hobbies that once brought you joy, you can be compensated for this profound loss.
- Disfigurement: Compensation for permanent scarring or other changes to your physical appearance that serve as a constant reminder of the accident.
The legal team at The Law Office of Bryan Fagan, PLLC, knows how to build a powerful case that shows the full extent of these personal losses. We’ll help you understand what a fair settlement for a car accident should really include.
Exemplary Damages: Punishing Extreme Recklessness
Finally, in certain rare situations, you may be able to recover exemplary damages, which you might have also heard called punitive damages. These aren’t meant to compensate you for a specific loss. Instead, their sole purpose is to punish the at-fault party for their shockingly reckless or malicious behavior and to send a clear message that such conduct will not be tolerated.
As laid out in Chapter 41 of the Texas Civil Practice & Remedies Code, exemplary damages are reserved for cases involving gross negligence or malice. A classic real-world example would be a crash on I-45 in Houston caused by a drunk driver who was also speeding excessively. Their conscious and blatant disregard for the safety of everyone else on the road could absolutely justify a jury awarding exemplary damages on top of all your other compensation.
Critical Deadlines for Filing Your Car Accident Lawsuit
After a car crash, your world can feel like it’s been turned upside down. Your first priority, and rightly so, should be healing. But in the world of personal injury law, the clock starts ticking immediately.
Texas law sets strict deadlines for taking legal action. If you miss them, you could lose your right to compensation forever, no matter how clear it is that the other driver was at fault. This deadline is called the statute of limitations. Understanding this timeline is one of the most important things you can do to protect your family’s future.
The Texas Statute of Limitations for Car Accidents
The statute of limitations is a legal countdown clock that starts the moment the accident occurs. Once that clock hits zero, your right to file a lawsuit disappears for good.
In Texas, you generally have just two years from the date of the car accident to file a personal injury lawsuit. This rule is found in the Texas Civil Practice & Remedies Code.
Two years might sound like a long time, but it flies by. A proper investigation takes time. Evidence needs to be gathered. Negotiations with insurance companies can drag on for months. If you wait too long to speak with a lawyer, you risk running out of time before a strong case can even be put together. To learn more about how this critical deadline applies to your situation, you can read our detailed guide on the statute of limitations for a car accident in Texas.
Shorter Deadlines for Claims Against the Government
The two-year rule is the general standard, but there’s a massive exception you need to be aware of: accidents involving a government vehicle. Were you hit by a Houston METRO bus, a state-owned TxDOT truck, or a public school vehicle? If so, you’re facing a much shorter and more rigid timeline.
When you bring a claim against a government entity in Texas, you first have to provide a formal "notice of claim." This is a specific legal document that officially informs the government agency that you intend to seek compensation for your injuries. The deadlines for these notices are incredibly short—sometimes as little as 90 days from the date of the accident, depending on the city or state agency involved.
Missing this initial notice deadline is a fatal mistake for your case. If you fail to provide it in time, you are completely barred from ever filing a lawsuit. This is exactly why you need to contact an experienced Texas injury attorney as soon as possible. Taking quick action is the best way to safeguard your right to seek the full compensation you and your family deserve. Don’t let a simple calendar mistake prevent you from getting justice.
Steps to File a Claim and Protect Your Rights
The moves you make in the minutes, days, and weeks after a car wreck are absolutely critical. They can either lay a strong foundation for your claim or, without meaning to, give the insurance company the ammunition they need to deny it. Taking the right steps from the very beginning is the best way to protect your right to sue and get the compensation you deserve.
Step 1: Act Immediately at the Scene
The moments right after a crash are chaotic and stressful, but what you do here matters immensely. If you're physically able to, try to focus on these key actions to preserve crucial evidence:
- Report the Accident: Always call 911. A police report is one of the most important documents in any auto insurance claim. It creates an official, unbiased record of what happened.
- Gather Evidence: Use your smartphone. Take photos and videos of everything—the damage to both cars from different angles, skid marks on the road, traffic signs, and any visible injuries you have.
- Get Witness Information: Did anyone see the crash? If so, get their name and phone number. Testimony from an independent witness can be incredibly powerful in proving who was at fault.
Step 2: Prioritize Your Health and Document Everything
Your health is the top priority, period. Getting medical care right away isn't just essential for your recovery; it’s also vital for your legal claim.
Even if you feel fine, go see a doctor. Adrenaline is a powerful painkiller and can easily mask serious injuries like whiplash or a concussion. A medical record creates a direct, documented link between the crash and your injuries, making it much harder for an insurance adjuster to claim they aren't related.
Following your doctor’s treatment plan is just as important. If you start skipping appointments, the insurance company will argue you weren’t really hurt that badly. Stick to the plan—it shows you’re serious about getting better.
It's also a great idea to keep a simple journal. Write down your daily pain levels, how you're feeling emotionally, and list any activities you can no longer do. This personal record is incredibly helpful for showing the real-world impact of your non-economic damages, like pain and suffering.
Step 3: Be Cautious When Dealing with Insurance Companies
It won’t be long before you get a call from the other driver’s insurance adjuster. It is absolutely crucial to be careful in these conversations. Their job is simple: to pay you as little as possible. They are trained to ask tricky questions designed to get you to say something that undermines your own claim.
Here are a few essential tips to remember:
- Don't admit any fault. Even saying something as simple as "I'm sorry" can be twisted and used against you.
- Decline to give a recorded statement. You are not legally required to give one, especially without your lawyer present. It can only hurt your case.
- Never accept the first settlement offer. Those initial offers are almost always lowball figures.
Honestly, the best way to protect yourself is to let an experienced Houston car accident lawyer handle all communications with the insurance company. This ensures your rights are protected from day one. A key step in the process is preparing a comprehensive demand letter to the insurance company. If you want to see what that looks like, a good personal injury demand letter template can be a useful starting point.
How a Car Accident Lawyer Strengthens Your Case
Trying to make sense of everything after a car accident is exhausting, especially when you’re hurt. On top of that, you’re suddenly expected to handle a personal injury claim on your own. This isn’t a fair fight—it’s you against a massive insurance company with a whole team of lawyers whose only job is to pay you as little as they possibly can. This is the moment a dedicated Houston car accident lawyer becomes your single most important ally.
Hiring an attorney doesn’t just help; it levels the playing field entirely. Instead of battling adjusters by yourself, you get a skilled professional in your corner. We take over every detail of your case, freeing you up to focus on what truly matters: your health and your recovery.
Taking Over the Entire Legal Process
From the very first day you partner with our firm, we handle it all. You won't have to field another call from an insurance adjuster, chase down paperwork, or get lost in confusing legal jargon. Your job is to heal. Our job is everything else.
Our team hits the ground running. We will:
- Launch a Full Investigation: We go back to the scene, dig into police reports, and track down every piece of evidence to build an ironclad case showing who was at fault.
- Handle All Communications: We become the only point of contact for the insurance companies. This shields you from their pressure tactics and ensures your rights are protected at all times.
- Manage Every Deadline and Piece of Paperwork: We make sure every form is filed correctly and on time, avoiding simple mistakes that could otherwise derail your claim.
Calculating the True Value of Your Claim
It’s a common tactic: insurance adjusters will dangle a quick, lowball offer, hoping you’ll take it before you even know how serious your injuries are. We don't let that happen. An experienced Texas injury attorney will sit down and meticulously calculate the full and fair value of what you’re owed. This goes way beyond your current medical bills. We bring in medical and financial experts to map out the costs of future treatments, physical therapy, lost earning potential, and the very real personal toll of your pain and suffering.
By documenting every single loss—both the ones with a price tag and the ones that are deeply personal—we build a comprehensive damages model that reflects what you are truly owed. This detailed calculation becomes the foundation of our negotiation strategy.
Negotiating from a Position of Strength
When an insurance company sees you have a trial-ready lawyer, the entire dynamic changes. It sends a clear message: you won’t be pushed around, and you are fully prepared to go to court if they refuse to be fair. Often, this is the key to unlocking a just settlement without ever setting foot in a courtroom. Insurers are far more likely to negotiate in good faith when they know they’re facing a serious legal opponent.
Attracting clients who need this kind of help is a big part of running a successful law practice, and looking into proven lead generation strategies for lawyers can offer some insight into how firms connect with people just like you.
At The Law Office of Bryan Fagan, PLLC, we prepare every case as if it’s going to trial. We fight tirelessly for your recovery, using hard evidence and deep legal knowledge to secure the compensation you need to put your life back together. You don’t have to do this alone—let us be your advocate.
Your Questions Answered: Navigating a Car Accident Claim
After a serious wreck, your mind is probably racing with questions. It's completely normal to feel overwhelmed and unsure of what to do next. Let's walk through some of the most common concerns we hear from people in your exact situation.
How Much Does It Cost to Hire a Car Accident Lawyer?
This is often the first question people ask, and the answer usually comes as a huge relief: hiring our firm costs you nothing out of pocket. At The Law Office of Bryan Fagan, PLLC, we handle personal injury cases on a contingency fee basis.
What does that mean for you? Simple. You don't pay us a dime upfront. Our fee is entirely "contingent" on winning your case. We only get paid if we successfully recover money for you. If for some reason we don't win, you owe us nothing. It’s that straightforward.
Will I Have to Go to Court if I File a Lawsuit?
The thought of a courtroom battle is intimidating for most people, but here's the reality: the overwhelming majority of personal injury cases—well over 90%—are settled before they ever see the inside of a courtroom.
Filing a lawsuit is a powerful and often necessary strategic move. It sends a clear message to the insurance company that you are serious and won't be lowballed. This legal pressure is frequently the very thing that brings them back to the negotiating table with a fair settlement offer. The goal is always to get you the compensation you deserve, and sometimes, filing suit is the best tool to make that happen without ever needing a trial.
What if the At-Fault Driver Has No Insurance?
It’s an incredibly frustrating and unfair situation, but it doesn't mean you're out of options. This is precisely why your own auto insurance policy may include Uninsured/Underinsured Motorist (UM/UIM) coverage.
This specific part of your policy is designed to be your safety net. When the at-fault driver is uninsured or just doesn't have enough coverage to pay for the damage they caused, your UM/UIM coverage can step in to cover your losses, from medical bills to lost wages. If your own loved one was killed in the crash, you may be able to pursue a claim for wrongful death compensation.
The legal system can feel like a maze, but you don't have to navigate it by yourself. If you have more questions about your rights after a crash, the compassionate team at The Law Office of Bryan Fagan, PLLC is here to give you clear answers and steady support.
Contact us today for a free, no-obligation consultation to talk about your case. Let us show you how we can fight for the recovery you and your family deserve. Visit us at https://houstonaccidentlawyers.net.
