Texas car accident laws

Last checked 1 July 2026

Texas’s rules are relatively stable — no recent overhaul — but the fault threshold is one of the sharper lines in the country: cross 50%, and a claim goes from reduced to zero.

Being found 50% at fault still lets you recover half your damages. Being found 51% ends the claim entirely. That single percentage point is worth understanding.

Texas car accident laws at a glance

Last checked 1 July 2026. Each row links to the section that explains it, with the statute.

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

Under Texas Civil Practice & Remedies Code §16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. If the accident resulted in death, the two-year clock for a wrongful death claim runs from the date of death, not the accident.

What if I was partly at fault in Texas?

Under Texas Civil Practice & Remedies Code §33.001, you can recover damages only if you’re found 50% at fault or less. At 51% or more, you recover nothing at all.

Because that single percentage point is decisive, insurers have a real incentive to push your assigned fault toward 51% rather than just reduce what they owe gradually.

What car insurance does Texas require?

Texas is an at-fault state — the driver who caused the accident is responsible for the damages through their insurer. Minimum liability limits are 30/60/25 under the Texas Transportation Code: $30,000 per person and $60,000 per accident for bodily injury, plus $25,000 for property damage. Insurers must offer uninsured/underinsured motorist (UM/UIM) coverage by default — you have to reject it in writing to opt out.

Texas also uniquely allows optional Personal Injury Protection (PIP) or MedPay coverage, which pays medical costs regardless of fault — most states don’t offer this alongside an at-fault system.

RelatedCar accident with no insuranceHow UM/UIM coverage works when the other driver can’t pay.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Texas’s rule still lets you recover 60% of your damages, and even at exactly 50% you still recover half. But at 51% or more, the claim is barred entirely — not reduced, eliminated. That one-point difference between 50% and 51% is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

What mistake should I avoid after a crash in Texas?

Because a single percentage point at the 51% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

What if a government vehicle or agency was involved?

Claims against a Texas city, county, or state agency follow the Texas Tort Claims Act, and the notice clock is far shorter than the ordinary two-year deadline: written notice is generally required within six months of the incident (Tex. Civ. Prac. & Rem. Code §101.101), but many cities set their own shorter charter deadlines — Houston and San Antonio both use 90 days, and some cities allow as little as 45. Damages against the state or a political subdivision are also capped, generally at $250,000 per person and $500,000 per incident.

What is the deadline if the crash caused a death?

Texas gives two years from the date of death for a wrongful death claim (Tex. Civ. Prac. & Rem. Code §16.003(b)) — separate from the ordinary injury deadline, and it matters when a victim survives for a period before dying. Only the surviving spouse, children, and parents can bring the claim (§71.004); siblings have no standing. If none of them files within three months of the death, the estate’s executor may bring it instead.

How does uninsured motorist coverage work in Texas?

Texas doesn’t require UM/UIM coverage, but insurers must offer it with every auto policy, and you must reject it in writing (Tex. Ins. Code §1952.101) — if there’s no signed rejection on file, Texas courts have consistently held that UM/UIM applies by default at limits matching your liability coverage. One quirk: uninsured motorist property damage (UMPD) carries a mandatory $250 deductible that can’t be waived, while uninsured motorist bodily injury (UMBI) doesn’t.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don’t decide what the claim is actually worth, or whether it’s worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Texas law makes a lawyer worth it for your specific situation.

When should I talk to a lawyer in Texas?

With a hard 51% cutoff, how fault gets assigned in Texas can be the entire outcome of a claim, not just a discount. If fault is disputed at all, a conversation with a qualified lawyer is worth having.