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Texas accident law

Texas car accident settlement calculator

Texas is an at-fault state that uses modified comparative negligence, 51% bar. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20265 cited sourcesHow we calculate

Injury lawsuit deadline2 yearsTex. Civ. Prac. & Rem. Code 16.003(a), (b); 101.101
Fault ruleModified (51% bar)Tex. Civ. Prac. & Rem. Code 33.001
Insurance systemAt-faultNo PIP requirement
Minimum liability30/60/25thousands of dollars

Texas settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Texas: Modified comparative negligence, 51% bar, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Texas attorney about your case.

Texas filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage2 years
Wrongful death2 years
Notice of a claim against a governmentNotice to a governmental unit within 6 months after the incident (Tex. Civ. Prac. & Rem. Code 101.101(a)); city charters may set shorter periods (101.101(b))
Tex. Civ. Prac. & Rem. Code 16.003(a), (b); 101.101. Counted from the accident date in most cases.

16.003(b): death actions within two years; accrues on the death of the injured person. Notice statute: (file server used by statutes.capitol.texas.gov).

If you were partly at fault

Texas follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $0, because the rule bars your claim.

Recovery allowed at exactly 50%.

Source: Tex. Civ. Prac. & Rem. Code 33.001. Compare all states in the comparative negligence table.

At-fault (tort) state

In Texas the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

PIP is mandatory-offer (default included, rejectable in writing), so pipRequired is false. 1952.153: insurer not required to provide PIP exceeding $2,500 per person.

Minimum car insurance in Texas

$30,000 per person and $60,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. (3) $25,000 for property damage. UM/UIM must be included in policies unless the named insured rejects it in writing (Ins. Code 1952.101(c)), so not strictly required.

Damage caps

Texas does not cap pain and suffering in ordinary car accident cases. Punitive damages: Greater of (2 times economic damages plus noneconomic damages up to $750,000) or $200,000; cap does not apply to certain knowing or intentional felonies, including intoxication assault and intoxication manslaughter (Tex. Civ. Prac. and Rem. Code 41.008)

Texas's noneconomic damages cap (CPRC 74.301) applies only to health care liability claims. No noneconomic cap for car accident claims.

Dog bite law

One-bite rule (no strict liability statute). No civil dog bite strict liability statute (Health and Safety Code ch. 822 addresses dangerous dogs and criminal attacks). Common law strict liability only for known vicious propensity, plus negligence.

Source: . Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in Texas?

2 years from the accident for an injury lawsuit and 2 years for vehicle damage (Tex. Civ. Prac. & Rem. Code 16.003(a), (b); 101.101). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is Texas a no-fault state?

No. Texas is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

What happens if I was partly at fault in Texas?

Texas follows modified comparative negligence, 51% bar (Tex. Civ. Prac. & Rem. Code 33.001). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

What is the minimum car insurance in Texas?

$30,000 per person and $60,000 per accident for injuries, $25,000 for property damage (30/60/25).

Does Texas cap pain and suffering damages?

Not in ordinary car accident cases. Texas's noneconomic damages cap (CPRC 74.301) applies only to health care liability claims. No noneconomic cap for car accident claims.

Sources

Checked against official Texas sources November 5, 2026.

  1. Texas statute of limitations: Tex. Civ. Prac. & Rem. Code 16.003(a), (b); 101.101
  2. Texas comparative fault: Tex. Civ. Prac. & Rem. Code 33.001
  3. Texas insurance system: Tex. Ins. Code 1952.152, 1952.153
  4. Texas minimum liability insurance: Tex. Transp. Code 601.072(a-1); UM/UIM Tex. Ins. Code 1952.101
  5. Texas damage caps: Tex. Civ. Prac. and Rem. Code 41.008(b); 74.301 (noneconomic cap limited to health care liability claims)