Texas Personal Injury Law
Texas is an at-fault state with a modified comparative fault rule that bars recovery if you are more than 50% responsible. Most injury lawsuits must be filed within two years.
Texas at a glance
| Personal injury filing deadline | 2 years from the injury (Civil Practice & Remedies Code § 16.003) |
|---|---|
| Wrongful death deadline | 2 years from the date of death (Civil Practice & Remedies Code § 16.003) |
| Fault rule | Modified comparative fault (51% bar): you cannot recover if you are more than 50% responsible; otherwise your recovery is reduced by your percentage (Civil Practice & Remedies Code § 33.001) |
| Car insurance system | At-fault (tort). The driver who caused the crash is responsible for damages |
| Minimum liability insurance | 30/60/25 ($30,000 per person, $60,000 per accident for injuries, $25,000 property damage) |
| Claims against government | Formal notice is generally required within 6 months under the Texas Tort Claims Act, and some city charters require shorter notice (Civil Practice & Remedies Code § 101.101) |
How fault affects your claim in Texas
Texas uses "proportionate responsibility". If you are found more than 50% responsible for the accident, you recover nothing. If you are 50% or less responsible, your damages are reduced by your percentage. For example, at 20% fault and $50,000 in damages, you could recover $40,000.
Claims against government in Texas
Claims against Texas cities, counties and state agencies fall under the Texas Tort Claims Act, which limits when government can be sued and requires timely notice, generally within six months and sometimes sooner under a city charter. Do not wait to ask an attorney.
After a crash in Texas
- Call the police. Texas generally requires drivers to report crashes involving injury, death or significant property damage; confirm current thresholds with the Texas Department of Transportation.
- Get medical care and keep records.
- Notify your own insurer promptly.
- Avoid admitting fault, because the 51% rule makes the fault percentage critical.
Frequently asked questions
What is the statute of limitations for a car accident in Texas?
Generally two years from the date of the accident for personal injury and wrongful death.
What is the 51% rule in Texas?
If you are found more than 50% responsible for an accident, you cannot recover damages. If you are 50% or less responsible, your damages are reduced by your percentage.
Is Texas a no-fault state?
No. Texas is an at-fault state, so the responsible driver's liability insurance generally pays for injuries and damage.
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The Texas 51% Rule: What It Means If You Share Fault
In Texas you cannot recover if you are more than 50% responsible for an accident. Learn how proportionate responsibility works, with examples.