Frequently Asked Questions

What should I do after a car or truck accident in Texas?

Your health and safety come first. Call 911, get medical care right away, and follow up with a doctor even if you feel fine, since injuries like concussions and soft tissue damage often show up days later. Texas law requires drivers to stop, exchange names, insurance and license information, and help anyone who is hurt. If you can, photograph the vehicles, the scene and your injuries, and get contact details from any witnesses. Don’t admit fault or give a recorded statement to the other driver’s insurance company. Then call an injury lawyer so evidence such as dashcam footage, truck data and witness statements can be preserved before it disappears.

How long do I have to file a personal injury claim in Texas?

In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Texas (Tex. Civ. Prac. & Rem. Code §16.003). Wrongful death claims also have a two-year deadline, which usually starts on the date of death. Some cases have shorter deadlines. Claims against a city, county or state agency may require written notice within six months under the Texas Tort Claims Act. If you miss the deadline, you can lose the right to recover anything, so it’s best to speak with a lawyer as soon as possible.

What damages can I recover after an accident in Texas?

Texas law allows injury victims to recover economic damages, such as medical bills, future medical care, lost wages and lost earning capacity, and property damage. You may also recover non-economic damages for pain and suffering, mental anguish, physical impairment and disfigurement. When the at-fault party acted with gross negligence, malice or fraud, a court may award exemplary (punitive) damages. These are capped under Tex. Civ. Prac. & Rem. Code §41.008 at the greater of $200,000 or two times economic damages plus up to $750,000 in non-economic damages. What you can recover depends on the facts of your case.

Can I still recover compensation if I was partially at fault?

Yes, as long as you were not more than 50% responsible for the accident. Texas follows a modified comparative fault rule called proportionate responsibility (Tex. Civ. Prac. & Rem. Code Chapter 33). Your compensation is reduced by your percentage of fault. For example, if your damages are $100,000 and you are found 20% at fault, you can recover $80,000. If you are found 51% or more at fault, you cannot recover damages. Insurance companies often try to shift blame to lower what they pay, which is one reason to have a lawyer investigate the crash.

How much is my car accident case worth?

Every case is different, and no honest lawyer can give you a number before reviewing the facts. The value of a claim usually depends on how serious your injuries are, your current and future medical costs, how much work you’ve missed, whether you’ll have lasting limitations, how clear fault is, and how much insurance coverage is available. Cases with permanent injuries, surgery or long recoveries are generally worth more. Be careful with early settlement offers from insurance companies, which are often made before the full cost of your injuries is known.

Who can be held liable for a truck accident?

Truck accidents often involve more than one responsible party. Depending on what caused the crash, liability may fall on the truck driver, the trucking company that employed the driver, the owner of the truck or trailer, the company that loaded the cargo, a maintenance provider, or the manufacturer of a defective part. Trucking companies must follow federal safety rules on driver hours, inspections and maintenance, and violations of those rules can help prove fault. Evidence like electronic logging device data and driver logs can be lost quickly, so it’s important to act fast after a truck crash.

How long does a personal injury case take to settle?

Many personal injury claims in Texas settle within several months to a year, but serious injury cases can take longer. The timeline depends on how long your medical treatment lasts, how complex the case is, whether fault is disputed, and how willing the insurance company is to negotiate. In most cases, it’s best not to settle until you’ve finished treatment or your doctor can predict your future care, so you know the full cost of your injuries. If the insurer won’t make a fair offer, filing a lawsuit can add time but may lead to a better result.

Should I talk to the other driver’s insurance adjuster or settle on my own?

You should report the accident to your own insurance company, but you are not required to give a recorded statement to the other driver’s insurer. Adjusters work for the insurance company, and what you say can be used to question your injuries or shift blame to you. Settling on your own can also mean accepting less than your claim is worth, and once you sign a release, you usually can’t ask for more later. Talking to a lawyer before you speak with the adjuster costs nothing and can protect your claim.

How do I know if I have a personal injury case?

You may have a case if you were hurt because someone else was careless or reckless, such as a driver who was speeding, distracted, drunk or ran a red light. To win a personal injury claim in Texas, you generally need to show that the other party owed you a duty of care, failed to meet it, and caused your injuries and losses. Even if you’re not sure who was at fault, a free consultation with a lawyer can help you understand your options. Because LeMaster Law Firm works on a no win, no fee basis, you pay nothing unless we recover compensation for you.

What if the driver who hit me was uninsured?

You may still be able to recover compensation. Texas requires insurers to offer uninsured/underinsured motorist (UM/UIM) coverage with every auto policy, and it’s included unless you rejected it in writing (Tex. Ins. Code §1952.101). UM/UIM coverage can pay for your injuries when the at-fault driver has no insurance, not enough insurance, or leaves the scene in a hit-and-run. Personal injury protection (PIP) coverage may also help with medical bills and lost wages regardless of fault. Your own insurer may still dispute a UM/UIM claim, so a lawyer can help you get the full benefits you’ve paid for.

Sources

• Tex. Civ. Prac. & Rem. Code §16.003 (two-year statute of limitations)
• Tex. Civ. Prac. & Rem. Code Chapter 33 (proportionate responsibility)
• Tex. Civ. Prac. & Rem. Code §41.008 (exemplary damages cap)
• Texas Tort Claims Act, Tex. Civ. Prac. & Rem. Code Chapter 101 (claims against government entities)
• Tex. Ins. Code §1952.101 (UM/UIM coverage)
• Texas Insurance Code Chapter 1952