Serious Injury Attorneys Serving Houston, Dallas, Austin, San Antonio, and All of Texas
You were just in a car accident. The shock is wearing off, the pain is starting to set in, and now your phone is ringing — the other driver’s insurance company wants a statement. Before you say a word to them, here’s what you need to know: Texas law gives you the right to recover compensation for your medical bills, lost income, and pain and suffering. But that recovery doesn’t happen automatically, and the insurance company on the other end of that phone is not on your side. We’ve recovered millions for injured Texans, and we know exactly how the other side builds their case against you.
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- Top 100 Super Lawyers Houston (Thomson Reuters, 2020–2025)
- Multi-Million Dollar Advocates Forum (Lifetime Member)
- AV Preeminent Rated (Martindale-Hubbell)
- Statewide Texas representation — offices in Houston, Dallas, Austin, Lakeway, San Antonio, Sugar Land, The Woodlands, and Katy
What’s Actually Happening Right Now Behind the Scenes
Most people think a car accident claim is straightforward — call the insurance company, send the medical bills, get a check. The reality is very different. By the time you’re searching for answers, several things are already in motion:
- The other driver’s insurance company has assigned an adjuster to your file — and that adjuster’s job is to close it for as little as possible.
- A recorded statement is being requested — designed to lock in answers about fault, prior injuries, and the severity of your symptoms before you’ve fully recovered.
- Your medical records are being subpoenaed or requested — combed for any prior injury, condition, or treatment that can be used to argue your symptoms came from something else.
- Photos of the vehicle damage are being analyzed — to argue a “low-impact” collision couldn’t have caused your injuries.
- The two-year statute of limitations clock is running — and so is the window during which evidence like dashcam footage and traffic camera recordings still exists.
The longer you wait, the more the other side builds. The right time to call an attorney is before you give a recorded statement, sign a medical authorization, or accept a settlement offer.
What Counts as a Car Accident Claim Under Texas Law
To recover compensation after a Texas car accident, you have to prove four legal elements:
- Duty — Every Texas driver owes a duty to operate their vehicle safely and obey traffic laws.
- Breach — The other driver failed to meet that duty (speeding, running a light, distracted driving, DWI, etc.).
- Causation — That failure directly caused the crash and your injuries.
- Damages — You suffered measurable harm — medical bills, lost wages, pain and suffering, or vehicle damage.
Texas is a fault-based state for car accidents — meaning the at-fault driver (and their insurance) is responsible for the damage they cause. This is different from “no-fault” states where each driver’s own insurance pays regardless of fault. In Texas, fault matters, and proving it correctly determines what you can recover.
Who Can Be Held Liable in a Texas Car Accident
- Other drivers (including drunk, distracted, or reckless drivers)
- Employers of at-fault drivers (when the driver was on the job)
- Commercial trucking companies (if a commercial truck was involved)
- Rideshare companies (in some Uber and Lyft accident cases)
- Vehicle manufacturers (in defective product cases)
- Government entities responsible for road maintenance or signal failures
- Bars or restaurants that overserved an intoxicated driver (under Texas’s Dram Shop Act)
Common Texas Car Accident Cases We Handle
Different crashes involve different liability patterns, different injuries, and different recovery strategies. If your situation looks like one of these, you may have a strong claim.
Rear-End Collisions
The rear driver is presumed at fault in most Texas rear-end cases under the duty to maintain a safe following distance. Common injuries include whiplash, herniated discs, and concussions — all of which can take days to fully present. Insurers often dispute injury severity in rear-end cases, especially when vehicle damage looks minor.
T-Bone (Intersection) Collisions
Fault usually turns on who had the right of way and whether either driver ran a light or sign. T-bone crashes frequently produce serious injuries because the side of a vehicle offers less protection than the front or rear. Eyewitness testimony, traffic camera footage, and EDR (event data recorder) data are critical.
Head-On Collisions
Often the most catastrophic crashes, head-on collisions frequently involve impaired drivers, wrong-way drivers, or drivers who crossed the center line. Wrongful death claims are common, and surviving victims often face permanent injuries requiring lifetime medical care.
Sideswipe and Lane-Change Crashes
Typically caused by improper lane changes, blind-spot failures, or distracted driving. Fault often comes down to physical evidence — paint transfer, damage location, and witness statements.
Multi-Vehicle Pileups
Liability may be shared across several drivers, and Texas’s modified comparative fault rule complicates recovery. These cases require careful crash reconstruction to establish each driver’s percentage of fault.
Hit-and-Run Crashes
When the at-fault driver flees and can’t be identified, recovery typically depends on your own uninsured motorist (UM) coverage. Police reports, surveillance footage, and witness accounts can sometimes identify the driver after the fact.
Drunk Driving (DWI) Crashes
DWI crashes open the door to punitive damages for gross negligence and may also trigger Dram Shop Act liability against bars or restaurants that overserved the driver. These are some of the highest-value cases in Texas personal injury law.
Commercial Truck and Work Vehicle Crashes
Crashes involving commercial trucks, delivery vans, and work vehicles often involve corporate defendants with much higher policy limits — but also more aggressive defense tactics. See our 18-wheeler accident page for more.
Rideshare (Uber and Lyft) Crashes
Coverage depends entirely on the rideshare driver’s status in the app at the moment of the crash — and Texas-specific insurance rules apply. See our rideshare accident page for the full breakdown.
Motorcycle, Pedestrian, and Bicycle Crashes
Crashes involving motorcyclists, pedestrians, and bicyclists often produce catastrophic injuries because of the lack of protective barriers. Bias against motorcyclists and arguments about pedestrian/cyclist behavior are common defense tactics.
Why Texas Car Accident Cases Require a Specialized Attorney
Texas car accident law has nuances that generalist attorneys routinely miss — and those nuances often determine the difference between a low settlement and full compensation.
Texas Modified Comparative Fault (§ 33.001)
Texas follows a modified comparative fault rule. As long as you are 50% or less at fault, you can still recover damages — your award is reduced by your percentage of fault. If you’re found 51% or more at fault, you recover nothing. Insurers exploit this rule by aggressively pushing fault onto injured claimants. Defending against fault-shifting is one of the most important things an attorney does.
The Texas Stowers Doctrine
The Stowers Doctrine — originating from the 1929 Texas Supreme Court case G.A. Stowers Furniture Co. v. American Indemnity Co. — gives Texas plaintiffs a powerful tool. When an at-fault driver’s insurance company unreasonably refuses to settle a clear-liability claim within policy limits, the insurer can be held liable for the entire judgment at trial — even amounts above the policy limit. A properly drafted Stowers demand letter is one of the most effective ways to force fair settlements in serious-injury Texas car accident cases. Most generalist attorneys don’t use Stowers strategically. We do.
Texas Insurance Code Chapter 542 Prompt Payment Rules
Texas Insurance Code § 542.058 requires insurers to acknowledge claims, conduct investigations, and pay or deny claims within statutorily defined timeframes. Insurers who violate these deadlines can be liable for the claim amount plus 18% interest plus attorney’s fees. Knowing when and how to invoke these rules accelerates settlement.
The Two-Year Statute of Limitations (§ 16.003)
Texas gives you two years from the date of the crash to file a personal injury lawsuit. Miss the deadline, and the case is dead — period. Claims against government entities have shorter notice deadlines, sometimes as short as six months. Wrongful death claims also fall under the two-year rule.
UM/UIM Coverage Rules
Texas insurers must offer uninsured/underinsured motorist (UM/UIM) coverage on every policy. Unless you rejected it in writing, you have it — and it pays when the at-fault driver has no insurance, insufficient insurance, or fled the scene. Many claimants don’t realize they have this coverage and never claim it.
How Insurance Companies Defeat Valid Texas Car Accident Claims
Insurance companies don’t lose cases by accident. They reduce payouts using a predictable set of tactics — and they count on most claimants not recognizing them.
Tactics That Cost Claimants Tens of Thousands of Dollars
- The fast, low settlement offer. Made within days of the crash, before you know the full extent of your injuries. Once you sign, the case is closed — even if your symptoms get worse.
- The recorded statement trap. Adjusters are trained to ask questions designed to elicit answers they can use against you later. Anything you say can — and will — be used to dispute injury severity or shift fault.
- Blanket medical authorizations. The insurer asks you to sign a release giving them access to your entire medical history — not just records related to the crash. They use unrelated treatment to argue your injuries weren’t caused by the accident.
- Comparative fault attacks. Even when fault is clear, insurers push to shift 20–40% of the blame onto you to slash your recovery.
- Delay tactics. Slow-walking the claim until you become financially desperate and accept less than full value.
- Surveillance and social media monitoring. Insurance investigators routinely monitor public social media accounts. A single photo of you smiling at a family event can be used to argue your injuries aren’t serious.
- “Independent” medical exams. The insurer hires a doctor — paid by them — to evaluate your injuries and produce a report minimizing severity.
Mistakes That Sink Otherwise Strong Cases
- Skipping or delaying medical care — gaps in treatment let insurers argue you weren’t really hurt
- Talking to the other driver’s insurance company without an attorney
- Posting on social media about the accident, your injuries, or even unrelated activities
- Accepting a quick settlement before reaching maximum medical improvement
- Waiting too long to call an attorney — evidence disappears fast, especially dashcam and traffic camera footage
- Trying to handle a serious injury claim alone — represented claimants typically recover significantly more on average than unrepresented ones, even after attorney fees
How Our Texas Car Accident Attorneys Build Your Case
A serious car accident case is built — not filed. Here’s what we do before we ever send a demand letter.
- Immediate evidence preservation. Within days of being retained, we send preservation letters to insurers, send investigators to the scene, and request police reports, traffic camera footage, and surveillance video before it’s overwritten.
- Crash reconstruction. In serious cases, we engage accident reconstruction experts to analyze skid marks, damage patterns, and EDR (black box) data to establish exactly what happened.
- Vehicle EDR and telematics analysis. Modern vehicles record speed, braking, throttle position, and seatbelt use. We pull this data to support your version of events.
- Medical records and treating physician coordination. We collect every record, work with your treating doctors, and engage independent specialists when needed to fully document injuries and prognosis.
- Damages workup. We retain life-care planners, vocational economists, and treating physicians to project the full lifetime cost of serious injuries — not just current bills.
- Defendant identification. We map every potentially liable party — at-fault drivers, employers, commercial vehicle owners, bars or restaurants under Dram Shop, and equipment manufacturers.
- Strategic Stowers demands. When liability is clear and damages exceed policy limits, we send Stowers demand letters that force insurers to settle within limits or face exposure for the full judgment.
- Trial-ready preparation. Every case is built like it’s going to trial — because the strongest settlements come from cases the defense knows it cannot win in front of a jury.
What Is My Texas Car Accident Case Worth?
Every case is different. Value depends on the severity of the injury, the strength of the evidence, the available insurance limits, and the long-term cost of care. Texas law allows recovery in three categories.
Common Injuries in Texas Car Accident Cases
- Whiplash and other neck and back injuries
- Concussions and traumatic brain injuries (TBI)
- Herniated and bulging discs
- Broken bones and complex fractures
- Internal organ damage and internal bleeding
- Spinal cord injuries and paralysis
- Lacerations, scarring, and disfigurement
- Catastrophic injuries requiring lifetime care
- Fatal injuries (wrongful death claims)
Recoverable Compensation in Texas
Economic Damages (No Cap)
- Past and future medical expenses
- Past and future lost wages
- Loss of earning capacity
- Vehicle repair or replacement
- Rehabilitation, therapy, and assistive equipment
- Custodial and long-term care costs
- Out-of-pocket expenses related to the crash
Non-Economic Damages
- Physical pain and suffering
- Mental anguish and emotional distress
- Disfigurement and physical impairment
- Loss of enjoyment of life
- Loss of consortium
Most Texas car accident cases do not have a cap on economic or non-economic damages.
Punitive (Exemplary) Damages
Available in cases of gross negligence — drunk driving, racing, deliberate recklessness. Subject to caps under Texas Civil Practice & Remedies Code § 41.008.
What People Worry About Before Calling a Texas Car Accident Lawyer
“I can’t afford a lawyer.”
You don’t pay anything unless we win. Our car accident cases are handled on a contingency fee basis — no upfront cost, no hourly billing, no out-of-pocket expense for case investigation, expert witnesses, or filing fees. If we don’t recover compensation, you owe us nothing.
“I’m partially to blame for the crash.”
Texas’s modified comparative fault rule lets you recover as long as you’re 50% or less at fault. Don’t assume partial fault disqualifies you. We’ve handled cases where clients were initially blamed and ultimately recovered substantial settlements after we proved the other driver bore the majority of responsibility.
“How long will my case take?”
Most Texas car accident claims resolve in 3 to 12 months. Serious-injury cases involving disputed liability or large policy limits often take 12 to 24 months. We give you a realistic timeline at the consultation, not a sales pitch.
“What if the insurance company already offered me a settlement?”
Don’t sign anything without an attorney reviewing it. First offers are almost always far below the actual value of a serious claim. Once you sign a release, the case is closed permanently — even if your injuries get worse.
“Do I have to go to court?”
Most Texas car accident cases settle before trial. Filing a lawsuit is often what triggers a fair settlement offer. We prepare every case as if it’s going to a jury — that’s exactly what motivates strong settlements.
“What if the at-fault driver doesn’t have insurance?”
You may still recover through your own uninsured motorist (UM) coverage, your underinsured motorist (UIM) coverage if their policy limits are too low, or by suing the at-fault driver personally for amounts above their assets. We map every potential recovery source.
“Is it too late to call a lawyer?”
Probably not. Texas’s two-year statute of limitations gives you time, but evidence disappears fast. Even if months have passed, call us — we can usually still help.
“Do you only handle cases in Houston?”
No. We represent injured Texans statewide, with offices in Houston, Dallas, Austin, San Antonio, Lakeway, Sugar Land, The Woodlands, and Katy.
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Texas?
You generally have two years from the date of the crash to file a personal injury lawsuit in Texas under Texas Civil Practice & Remedies Code § 16.003. Wrongful death claims have the same two-year deadline. Claims against government entities have shorter notice deadlines, sometimes as short as six months. Acting quickly preserves evidence and protects your right to recover.
How much is my Texas car accident case worth?
Case value depends on injury severity, total medical costs (past and future), lost wages and earning capacity, the strength of the evidence proving fault, the at-fault driver’s available insurance limits, and whether punitive damages apply. Minor cases may settle for a few thousand dollars. Serious-injury cases involving surgery, permanent impairment, or wrongful death can reach hundreds of thousands or millions.
What if I was partially at fault for the accident?
Under Texas’s modified comparative fault rule (Texas Civil Practice & Remedies Code § 33.001), you can still recover compensation as long as you were 50% or less at fault. Your recovery is reduced by your percentage of fault — so if you were 20% at fault on a $100,000 case, you’d recover $80,000. If you’re 51% or more at fault, you cannot recover.
What if the other driver was uninsured or underinsured?
If the at-fault driver had no insurance or insufficient insurance, you may recover through your own uninsured/underinsured motorist (UM/UIM) coverage. Texas insurers must offer UM/UIM on every policy, and unless you rejected it in writing, you have it. UM/UIM pays for medical bills, lost wages, and pain and suffering when the at-fault driver can’t.
What is a Stowers demand and why does it matter?
A Stowers demand is a formal settlement offer made within the at-fault driver’s insurance policy limits. Under Texas’s Stowers Doctrine, if the insurer unreasonably refuses a Stowers demand and the case later results in a judgment exceeding policy limits, the insurer can be held liable for the entire amount — not just the policy limit. Stowers demands are one of the most powerful tools in Texas personal injury law for forcing fair settlements.
Should I give a recorded statement to the other driver’s insurance company?
No. You are not required to give a recorded statement to the other driver’s insurance company, and doing so almost always hurts your claim. Adjusters are trained to ask questions designed to lock in answers they can use against you later. Let your attorney handle all communication with the other side’s insurer.
How long does a Texas car accident claim take?
Most Texas car accident claims resolve in 3 to 12 months. Serious-injury cases involving disputed liability or large policy limits often take 12 to 24 months. Claims should not be settled until you’ve reached maximum medical improvement — the point where your doctor can fully document injuries and any permanent impacts.
How much does a Texas car accident lawyer cost?
Most Texas car accident lawyers — including our firm — work on a contingency fee basis. You pay nothing upfront, no hourly billing, no out-of-pocket costs. The attorney’s fee is a percentage of the recovery, paid only if the case is won or settled. If there’s no recovery, you owe nothing.
What should I do immediately after a car accident in Texas?
Call 911 if anyone is injured or there’s significant property damage. Move to a safe location. Exchange names, insurance, and license plate information without admitting fault. Take photos of the vehicles, the scene, road conditions, and any visible injuries. Get medical attention the same day, even if you feel fine. Do not give a recorded statement to the other driver’s insurance company before speaking with a lawyer.
Can I sue if a family member died in a Texas car accident?
Yes. Texas’s wrongful death statute allows surviving spouses, children, and parents to recover for the death of a loved one caused by another’s negligence. Wrongful death claims include both economic damages (lost income, lost benefits, lost services) and non-economic damages (loss of companionship, mental anguish). The two-year statute of limitations applies.
Don’t Let an Insurance Adjuster Decide Your Case
The at-fault driver’s insurance company is not your advocate. Every day you wait, evidence disappears, witnesses become harder to find, and the two-year statute of limitations keeps running. Recorded statements get used against you. Quick settlements close cases for a fraction of their value.
We offer 100% free, confidential case reviews for car accident victims across Texas. We work on contingency, so you pay nothing unless we win.
Request Your Free Case Review →
We’ll listen to what happened. We’ll tell you honestly whether you have a case. If you do, we’ll explain your options and the strategy we’d use to fight for you — anywhere in Texas.
Past results do not guarantee a similar outcome. Each case is unique and depends on its own facts. The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.