Car Accident Liability in Texas
After a Texas car accident, who is responsible for the costs of damage? The answer will determine how medical bills, vehicle repairs, and lost income are paid and compensated for. Texas law takes a fault-based approach, and proving negligence is fundamental to every car accident case.
If you’re facing questions about car crash liability in Texas, call Loewy Law Firm at (512) 280-0800 to speak directly with an Austin car accident lawyer who can review your situation and explain your options.
Texas Negligence Rules
Since the driver who caused the crash is financially responsible for the harm that follows, liability under Texas law rests on whether negligence can be shown. To prove negligence, four elements are required:
- a duty of care existed
- that duty was breached
- the breach caused the crash
- measurable damages resulted.
All four elements have to be proven. If one is missing, the driver can’t be held liable. Even though every driver has a duty to operate their vehicle safely, not every crash leads to liability. A storm, animal, or other sudden event can cause an accident without anyone breaching that duty. For example, in a case of a large hailstone smashing into a windshield and causing a collision, even though both drivers still had a duty to drive carefully, if neither acted carelessly, fault may not attach to either side.
51% Bar Rule
Texas law uses a comparative negligence rule where a driver who is 51% or more at fault is barred from recovering compensation. If both drivers share blame, the one under 51% can still recover, but their award is reduced by their percentage of fault. For example, a driver who is 30% responsible would see their recovery reduced by 30%. The driver who carries 70% of the blame would recover nothing.
Evidence Used to Decide Fault in Texas Car Accidents
In Texas, liability for a car accident is decided based on the evidence available and what it shows. A few examples of key evidence are as follows:
- Crash reports
- Witness statements
- Photos or video from the scene
- Vehicle damage or crash data recorders
- Traffic law violations like speeding, failure to yield, or texting while driving
Insurance companies review the information and make their own determination of fault for settlement purposes, but this decision does not control the outcome. An attorney can challenge this decision, gather more evidence, consult experts, and if necessary, take the case to court, where a judge or jury makes the final determination.
Types of Texas Car Accidents That Can Complicate Liability
Rear-End Collisions
In cases of a rear-end crash, the driver who hits another car from behind is usually blamed, but not always. For example, if the front car stopped suddenly without a good reason or the brake lights weren’t working, the rear driver may not be fully at fault.
Left-Turn and Intersection Crashes
When a driver makes a left turn, they have to wait until the way is clear. If they turn in front of another car and a crash happens, they are usually at fault, but disagreements can come up when both drivers say they had the green light or when traffic signals are missing or hard to see.
Multi-Vehicle Pileups on Texas Highways
Big pileups on highways like I-35, I-10, and I-45 can complicate liability, since more than one driver may have done something unsafe, like following too closely or driving too fast for the conditions.
Pedestrian and Bicycle Accidents
In Texas, pedestrians have the right of way in marked crosswalks, and drivers need to watch out for people walking or biking. Disputes may come up when it’s unclear if the pedestrian stepped out against the signal or if the bicyclist was following the traffic laws.
Commercial Trucks and Rideshare Vehicles
Accidents with big trucks or rideshare cars can also be more complicated. Responsibility might fall on the driver, but the trucking company or the rideshare service may be responsible as well if their actions or negligence led to reduced safety. Extra records like driving logs, maintenance reports, or trip data are sometimes important to consider in liability determinations.
Other Complicating Factors that Impact Fault
Collisions with Uninsured or Underinsured Drivers
If the driver who caused the crash has no insurance or not enough to cover the damage, financial recovery can get harder. In Texas, your own uninsured/underinsured motorist coverage (UM/UIM) will help. Without it, recovery options can be limited, but we will look at every possible source of compensation.
Employer Liability When Employees Crash on the Job
A company can be accountable for the actions of its employees if those actions happen during work and employers may also face direct liability if they hired someone unqualified, ignored a driver’s poor record, or failed to maintain a company vehicle.
Manufacturer or Product Defect Liability
Sometimes a crash happens because something in the vehicle failed, like defective brakes or a bad airbag. In those cases, the manufacturer or parts maker may be responsible for the damage.
Government Liability for Dangerous Roads
If a crash is linked to poor road design, missing signs, or unsafe conditions on a road maintained by the government, a claim may be made against the city, county, or state. In Texas, that process is limited by the Texas Tort Claims Act, which sets rules and deadlines for when the government can be held responsible.
Insurance in Texas Car Accident Cases
State Minimum Insurance Requirements
Texas requires drivers to carry liability insurance with limits of 30/60/25:
- $30,000 for injuries to one person
- $60,000 total per crash if more than one person is hurt
- $25,000 for property damage
If the losses go beyond the limits, the at-fault driver can be personally responsible for the rest.
How Insurers Assign Fault
Insurance companies make the first call on who they believe is responsible and their decision directly affects what they offer in a settlement. Because insurers benefit from paying less, they may push more blame onto the other driver or argue that fault should be shared. Those findings are not final and can be challenged with additional evidence or in court.
Subrogation in Texas Cases
When an insurance company pays its policyholder, it may later try to recover that money from the at-fault driver or their insurer in a process called subrogation. For example, if your insurer pays for your car repairs, it may later demand reimbursement from the other driver’s insurer once fault is established.
Actions That Protect You After a Texas Accident
Crash Reporting Obligations and Deadlines
Texas law requires drivers to report a crash to law enforcement if it involves injury, death, or property damage of $1,000 or more. Inside city limits, the report is made to the local police department. Outside of city limits, it goes to the county sheriff’s office or the Texas Department of Public Safety.
If officers respond, they complete the official crash report (Form CR-3). If no officer investigates, drivers have to file their own report (Form CR-2) with the Texas Department of Transportation within 10 days. A crash report creates an official record that insurers and courts may later review.
Preserve Evidence After the Crash
Liability in a Texas car accident is only as strong as the proof that supports it. Because evidence can fade quickly, taking the following steps helps protect the case:
- Take photos of vehicle damage, the crash scene, road conditions, and any visible injuries
- Collect names and contact details for witnesses
- Keep receipts for repairs, rental cars, medical bills, and other crash-related expenses
- Save digital records like dashcam footage or text messages about the accident
Medical Records as Evidence of Injury
Medical records are key in liability determinations because they create the link between the crash and the injuries. They provide dates, diagnoses, and treatment notes that show how the accident affected you. Without that paper trail, an insurer may argue the injury came from somewhere else or that it was less serious than claimed.
Getting checked right after the crash ties the injury directly to the event. Ongoing records also build proof of how long recovery takes and what it costs. A complete file may include:
- Emergency room or urgent care records
- Doctor’s notes and treatment plans
- Test results like X-rays or MRIs
- Physical therapy or rehabilitation logs
- Prescription records
When those records are consistent, they make it harder for an insurer to downplay the impact of the crash.
How Our Lawyers Can Challenge Insurer Fault Decisions
Insurance decisions usually favor the insurer, not the driver who was hurt. Our lawyers provide balance by challenging those findings and protecting the injured driver’s side of the case.
Our attorney can:
- Collect additional evidence that the insurer overlooked like surveillance video or dashcam footage
- Work with crash reconstruction experts to explain how the accident happened
- Question the way fault was assigned when it is not supported by the facts
- Handle negotiations so the driver is not pressured into accepting a low settlement
- Take the case into court and present it before a judge or jury.
Our attorneys also track deadlines, deal with paperwork, and manage communication with insurers so the injured driver can focus on recovery instead of fighting with an adjuster.
Protect Yourself When Liability Is in Dispute
When an insurance company decides fault unfairly, the financial fallout lands on the injured driver. Liability is the hinge for every part of a Texas car accident case, and pushing back against a bad decision is the only way to take back control.
If you are dealing with disputed liability after a car accident in Texas, call Loewy Law Firm at (512) 280-0800 or fill out our contact form to speak directly with an Austin car accident lawyer who can review the facts and fight for compensation that reflects the full impact of the crash.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.