Houston Car Accident Lawyer - Houston Car Accident Lawyers

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

Generally two years from the date of the crash under Tex. Civ. Prac. & Rem. Code 16.003. A few exceptions can change that, such as an injured minor whose clock may not start until they turn 18, but you should not count on one. Miss the deadline and you usually lose the right to sue.

Q: Do I have to pay a car accident lawyer up front?

Most Texas car accident lawyers work on contingency, meaning nothing up front and a percentage only if they recover money for you. If there is no recovery, you generally owe no attorney's fee.

Q: What if the accident was partly my fault?

You can still recover as long as you are 50% or less at fault under Texas's 51% bar. Your recovery is reduced by your share, so 20% at fault on a $100,000 claim means you collect $80,000. At 51% or more, you recover nothing.

Q: Should I give the other driver's insurance company a recorded statement?

You are generally not required to, and doing it early, before you understand your injuries, can hurt your claim. Anything you say can be used to minimize what they pay.

Q: Do I need a lawyer for a minor car accident?

Not always. If you were not injured and the damage is minor, you can often handle it yourself. Real injuries, disputed fault, multiple vehicles, or a commercial driver are the situations where help usually pays for itself.

Key takeaways

Texas is an at-fault state. The driver who caused your crash — and their insurer — is on the hook for the harm they did.
You generally have two years from the date of the crash to file a car accident injury claim (Tex. Civ. Prac. & Rem. Code §16.003). Miss it and you usually lose the right to sue.
Partly at fault? You can still recover. Under Texas’s 51% bar, you collect as long as you’re not more than 50% to blame — your recovery just drops by your share.
Texas only requires 30/60/25 coverage. That’s thin, which is why your own uninsured/underinsured motorist coverage matters so much.
Be careful early. You’re not required to give the other driver’s insurer a recorded statement, and you shouldn’t take the first offer before you know how hurt you really are.

You were hurt in a Houston crash, and now you’re staring down medical bills, a wrecked car, and an adjuster who’s already called twice. This page walks you through the whole thing — what Texas law actually says, what your claim might be worth, how the insurance company will try to shrink it, and the moves that protect you. Straight answers, no runaround. This is general information, not legal advice.

What to do after a car accident in Houston

What you do in the first hours and days can make or break your claim. Here’s the short version — and the full step-by-step checklist lives here.

At the scene

Get to safety and call 911. Texas law requires you to stop and, for any crash involving injury, death, or a vehicle that can’t be driven away, to report it. Let the officer document what happened and start the Texas Peace Officer’s Crash Report (CR-3). Photograph everything — vehicles, plates, the road, signals, skid marks, and your injuries. Trade insurance and contact info. Do not apologize or say “I’m fine” — those words come back to bite you.

Within 24 hours

See a doctor, even if you feel okay. Adrenaline hides whiplash, concussions, and internal injuries for hours or days. Prompt treatment protects your health and builds the medical record that ties your injuries to the wreck. A gap in treatment is the first thing an insurer uses to argue you weren’t really hurt.

In the following weeks

Report the crash to your own insurer, keep every bill and record in one place, and be cautious when the other driver’s insurance company calls. You’re not required to give them a recorded statement. Before you sign anything or cash any check, understand what you’re giving up. Learn how to handle the adjuster and get your CR-3 crash report.

Do you actually need a car accident lawyer?

Not every fender-bender needs one. If you walked away with no injuries and minor damage, you can often handle it yourself. But the calculus changes fast when there are real injuries, disputed fault, multiple vehicles, or a commercial driver involved. The insurance company does this every single day; most people have never done it once. A lawyer who knows how insurers operate can level that out — gathering evidence, valuing the claim properly, and applying pressure most people can’t. We break down when it’s worth getting help and how car accident lawyers get paid (spoiler: usually nothing up front, and a percentage only if you recover).

Texas car accident law, explained

Texas is an at-fault state

Some states are “no-fault,” where you turn to your own insurer no matter who caused the crash. Texas isn’t one of them. Here, the at-fault driver and their insurer are responsible for the damage. That means your claim rises or falls on proving who caused the wreck — which is exactly why the other side works so hard to pin some of the blame on you. Here’s how Texas fault law works and how fault actually gets determined.

The 51% bar and shared blame

Texas follows modified comparative negligence under Chapter 33 of the Civil Practice and Remedies Code — the “51% bar.” You can recover as long as you’re 50% or less at fault. If you’re 51% or more to blame, you get nothing. And whatever you’re owed gets cut by your share of the fault.

Here’s what that looks like with real numbers: say your damages come to $100,000 and you’re found 20% at fault for the crash. Your recovery drops by that 20%, leaving you $80,000. Cross the line to 51%, and it drops to zero. That’s why insurers fight so hard to shift blame onto you — every percentage point they hang on you is money out of your pocket. More on the 51% rule and how shared blame affects your payout.

What you have to prove

Most car accident claims come down to negligence, and proving it means showing four things: the other driver owed you a duty of care, they breached it (ran the light, followed too close, drove distracted), that breach caused the crash, and you suffered real damages as a result. You don’t have to prove it “beyond a reasonable doubt” like a criminal case — the standard is a preponderance of the evidence, meaning more likely than not.

How long you have: the two-year deadline

In Texas, the statute of limitations for a car accident injury claim is generally two years from the date of the crash (Tex. Civ. Prac. & Rem. Code §16.003). Blow that deadline and the court will almost always throw your case out, no matter how strong it was. A few situations can shift the clock — an injured minor’s window may not start until they turn 18, and a wrongful death claim generally runs two years from the date of death — but you should never count on an exception. Waiting also lets evidence disappear and memories fade. Here’s the full breakdown of the Texas statute of limitations.

Texas auto insurance minimums & the coverage that saves you

Texas requires drivers to carry only a bare minimum of liability coverage — and plenty of drivers carry even less than the law says, or nothing at all. Knowing these numbers tells you how much is realistically there to collect.

Texas minimum liability coverage (30/60/25)	What it pays
$30,000 per injured person	Bodily injury for one person in the crash
$60,000 per accident	Total bodily injury for everyone hurt
$25,000 property damage	Damage to your vehicle and property

Uninsured / underinsured motorist coverage

A serious injury blows past $30,000 fast. When the at-fault driver has no insurance or not nearly enough, your own uninsured/underinsured motorist (UM/UIM) coverage steps in to cover the gap. In Texas it’s added to your policy automatically unless you rejected it in writing — so check your declarations page. This is the coverage that quietly saves people, and it’s worth understanding how UM/UIM claims work.

PIP and MedPay

Texas policies also come with Personal Injury Protection (PIP) unless you rejected it in writing. PIP pays your medical bills and a slice of lost wages no matter who caused the crash, up front, without the fault fight. It’s fast money when you need it most. Here’s how PIP and MedPay coverage work in Texas.

How much is my Houston car accident case worth?

Every case is different, and anyone who quotes you a number before knowing your injuries is guessing. Value comes down to how badly you were hurt, how clear the fault is, how your injuries affect your life and work, and how much insurance is available. Broadly, your damages fall into three buckets. Our full guide digs into what your case is worth and average settlement ranges in Texas.

Economic damages

The hard costs with receipts: medical bills (past and future), lost wages and lost earning capacity, property damage, and out-of-pocket expenses. These are the easiest to prove and the foundation of your claim.

Non-economic damages (pain and suffering)

The human cost: physical pain, mental anguish, disfigurement, and the things you can’t do anymore. There’s no receipt for this, so it’s where the biggest fights happen. Adjusters and lawyers often estimate it two ways — a multiplier method (your economic damages times a number, usually 1.5 to 5, based on how severe the injury is) or a per-diem method (a daily dollar figure for every day you’re affected). Both are just starting points for negotiation. See the full list of damages you can recover.

Punitive (exemplary) damages

In a narrow set of cases — a drunk driver, a truly reckless one — Texas allows exemplary damages meant to punish, not just compensate. They’re not available in an ordinary crash, and Texas caps them, but they can matter in the worst cases.

The Houston claim process and how long it takes

Knowing the roadmap keeps you from panicking when things move slowly — and injury claims almost always move slower than you’d like. Here’s the usual path, and the full settlement timeline if you want the detail.

Treatment and investigation. You get medical care while evidence is gathered. Rushing to settle before you’ve healed is one of the costliest mistakes people make.
Demand. Once your injuries are clear, a demand package goes to the insurer laying out fault, injuries, and damages.
Negotiation. Offers go back and forth. The first one is almost always low.
Filing suit. If negotiation stalls — or the two-year deadline is near — a lawsuit gets filed. Most cases still settle after this.
Discovery and mediation. Both sides exchange evidence and depositions, then usually try to settle at mediation.
Trial. A small share of cases actually reach a jury. Most resolve well before that.

Should you take the first offer?

Almost never. It’s the adjuster’s job to close your claim fast and cheap, and the opening number reflects that. Once you sign the release, you’re done — you can’t come back if your injuries turn out worse than you thought. Read this before you say yes: should I accept the first offer?

How insurance companies fight your claim

The insurance company is not on your side, no matter how friendly the adjuster sounds. Their business is paying out as little as possible, and they run the same plays over and over. Watch for these:

The early recorded statement. They’ll ask for one while you’re rattled and before you know your injuries. Anything you say gets used to minimize the claim. You’re not required to give it.
The fast, friendly offer. A quick check that looks like a lifeline — and signs away your right to everything else.
Blaming you. Every point of fault they pin on you (that 51% bar again) cuts what they owe. Expect them to try.
The treatment-gap argument. Skip a few appointments and they’ll claim you were never really hurt.
Social media. One photo of you smiling at a barbecue becomes “proof” you’re fine.

The fix is boring but powerful: get treated, document everything, keep quiet on social media, and don’t sign or say anything you don’t understand. More on dealing with insurance adjusters.

Common types of Houston car accidents

Different crashes raise different issues — who’s liable, what evidence matters, how injuries tend to play out. Find the one that matches your situation:

Common car accident injuries

What you’re hurt with shapes both your recovery and your claim. Some injuries don’t even show up for days, which is one more reason to get checked early. Our guides cover the most common ones:

See the overview of car accident injuries and what they mean for your claim.

Car accidents in Houston: the local reality

Houston is one of the toughest places to drive in the country. Sprawling freeways, brutal traffic, sudden storms, and long commutes add up to a lot of wrecks. Harris County leads every other county in Texas for traffic crashes and deaths year after year, and the City of Houston recorded its deadliest year on record in 2024. You can dig into the state’s own numbers through TxDOT’s crash statistics.

The most crash-prone roads

Certain corridors show up again and again: I-45 (the Gulf Freeway and North Freeway), I-10 (the Katy Freeway), the 610 Loop, US-59/I-69 (the Southwest Freeway), and Beltway 8. High speeds, heavy merging, and constant construction make them dangerous. See where wrecks cluster on our Houston accident hotspots guide, plus deep dives on I-45, I-10, and the 610 Loop.

Getting treated and where claims are filed

Houston has some of the best trauma care in the country at the Texas Medical Center, and getting prompt treatment matters for your health and your claim. If a lawsuit becomes necessary, most Houston-area car accident cases are filed in the Harris County civil district courts. If your crash happened out in the suburbs, we’ve got local guides for Katy, Sugar Land, The Woodlands, Pasadena, Pearland, and more.

How this site can help

713injury.com is here to help you understand your rights after a Houston crash — before you make a decision you can’t take back. Tell us what happened and we’ll point you to the information that fits your situation.

Request a Free Case Review →

This is general information, not legal advice, and contacting us doesn’t create an attorney-client relationship.

Frequently asked questions

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

Generally two years from the date of the crash (Tex. Civ. Prac. & Rem. Code §16.003). A few exceptions can change that — for example, an injured minor’s clock may not start until they turn 18 — but don’t count on one. Miss the deadline and you usually lose the right to sue.

How much is my Houston car accident case worth?

It depends on how badly you were hurt, how clear the fault is, how your injuries affect your life and work, and how much insurance is available. Cases range from a few thousand dollars for minor injuries to seven figures for catastrophic ones. Anyone who promises a number before reviewing your injuries is guessing.

Do I have to pay a lawyer up front?

Most Texas car accident lawyers work on contingency — nothing up front, and a percentage only if they recover money for you. If there’s no recovery, you generally owe no attorney’s fee. Here’s how that works.

What if the accident was partly my fault?

You can still recover as long as you’re 50% or less at fault under Texas’s 51% bar. Your recovery is reduced by your share — 20% at fault on a $100,000 claim means you collect $80,000. At 51% or more, you recover nothing.

What if the other driver had no insurance?

Texas only requires 30/60/25 coverage, and many drivers carry none. Your own uninsured/underinsured motorist coverage can step in to cover your losses — it’s on your policy unless you rejected it in writing.

Should I give the other driver’s insurance company a recorded statement?

You’re generally not required to, and doing it early — before you understand your injuries — can hurt your claim. Anything you say can be used to minimize what they pay.

Should I accept the insurance company’s first offer?

Usually not. First offers are typically low, and once you sign the release you can’t reopen the claim if your injuries turn out worse. Understand the full extent of your injuries first.

How long does a Houston car accident settlement take?

Anywhere from a few months for a straightforward claim to a couple of years for a serious or disputed one. Rushing usually costs you money; the biggest driver of timing is reaching maximum medical improvement so your damages are clear.

Do I need a lawyer for a minor car accident?

Not always. If you weren’t injured and the damage is minor, you can often handle it yourself. Real injuries, disputed fault, multiple vehicles, or a commercial driver are the situations where help usually pays for itself.

What should I do right after a crash in Houston?

Get to safety, call 911, let police document the scene, photograph everything, exchange information without admitting fault, see a doctor the same day, and be careful with the other driver’s insurer. Here’s the full checklist.

Is Texas a no-fault state?

No. Texas is an at-fault state, so the driver who caused the crash and their insurer are responsible for the damages. That’s different from no-fault states, where you’d turn to your own insurer regardless of who caused it.

Can I recover money if a family member died in a crash?

Texas allows wrongful death and survival claims brought by certain family members. The deadline is generally two years, usually measured from the date of death. See our guide on wrongful death claims.