Stephens Law Firm | December 27, 2025 | Car Accidents

Texas Car Accident Laws: What Drivers Need to Know in 2026

Within hours of a car accident, the other driver’s insurance company is already building its case. An adjuster is assigned, a file is opened, and a strategy begins to form. This strategy is not based on fairness; it is built on a deep knowledge of Texas car accident laws and how they can be used to minimize the company’s financial exposure. 

While you are dealing with vehicle repairs, medical appointments, and the shock of the collision, the adjuster is analyzing every detail through a legal lens. They are looking for any statement or action they can use to assign partial blame, question the severity of your injuries, or argue that a deadline was missed.

They know that under the state’s 51 percent bar rule, shifting even a small amount of fault onto you can save them thousands of dollars. They know the two-year statute of limitations creates a ticking clock that adds pressure to your situation. 

This is the reality of a Texas car accident claim: it is an immediate and unequal contest of information. The other side starts with a full playbook, and so should you.

Core legal principles for Texas drivers:

• Texas uses a modified comparative fault system, also known as the 51 percent bar rule. This means you may recover damages if you are partially at fault, as long as your share of the blame is 50 percent or less.
• The statute of limitations for filing a personal injury lawsuit is generally two years from the accident date. Missing this deadline can permanently prevent you from seeking compensation in court.
• You have specific legal duties after a crash, including stopping, rendering aid, and reporting the accident to law enforcement if there are injuries or significant property damage.
• The strength of your claim depends on the quality of the evidence you preserve. Documenting the scene, your injuries, and all financial losses is fundamental to the process.

The Foundation: Proving Negligence in an At-Fault State

Texas law follows an at-fault system. This means the person legally responsible for causing an accident is also responsible for paying for the resulting damages. To hold another driver legally responsible, you must prove they were negligent. 

Negligence is not just a general term for carelessness; it is a specific legal standard that requires you to establish four distinct elements.

Element 1: The duty of care all drivers share

The first element is establishing a “duty of care.” Every person who gets behind the wheel in Texas automatically accepts a legal obligation to operate their vehicle as a reasonably prudent person would in similar circumstances. 

This duty is the baseline for safe driving. It includes obvious actions like obeying speed limits and traffic signals, but it also encompasses more nuanced responsibilities, such as slowing down in rainy weather, paying attention to surroundings, and maintaining a safe following distance.

Element 2: Breaching the duty of care

A “breach” occurs when a driver fails to uphold their duty of care. This is the specific action, or inaction, that falls below the standard of a reasonably careful driver. 

Common breaches include a driver looking at their phone instead of the road, following too closely to stop in time, or making an unsafe lane change without checking their blind spot. These are not just mistakes; in the eyes of the law, they are failures to meet a legal obligation.

Element 3: Proving causation

Proving a breach is not enough. You must then prove “causation,” which means the driver’s breach was the direct and proximate cause of the car accident and your subsequent injuries. 

For instance, if a driver runs a red light and hits your car, the breach directly caused the collision. If, however, a driver was speeding but you were hit by a different car for an unrelated reason, the speeding driver’s breach did not cause your harm, and a negligence claim against them would fail.

Element 4: Demonstrating damages

The final element is damages.You must show that you suffered actual, compensable losses as a result of the accident. These losses are not just the damage to your car. They include all your medical bills, lost wages from missed work, future lost earning capacity if you are disabled, and the physical pain and mental anguish you have endured. Without demonstrable damages, there is no basis for a financial recovery.

All About Modified Comparative Fault: The 51 Percent Bar Rule

In many accidents, an insurance company will argue that more than one person is to blame. Texas law addresses these situations with a system called modified comparative fault, which can significantly affect the compensation you may recover.

What is modified comparative fault?

This rule acknowledges that fault is not always 100 percent on one side. It allows an injured person to recover damages even if they were partially responsible for the accident. After hearing all the evidence, a court or a jury assigns a percentage of fault to each party involved in the crash.

How the 51 % Bar Works

Under Texas Civil Practice & Remedies Code § 33.001, you are barred from recovering any damages if your percentage of responsibility is 51 percent or greater. If your fault is 50 percent or less, your total damage award is simply reduced by your percentage of fault. 

For example, if you are awarded $100,000 in damages but are found to be 20 percent at fault, your final recovery would be reduced by 20 percent, to $80,000. This makes the assignment of even small percentages of fault a major battleground in negotiations.

Common tactics insurers use to shift fault

Insurance adjusters are trained to look for any opportunity to assign fault to the injured party. They may ask leading questions during a recorded statement, such as, Were you in a hurry that morning? They may also try to argue that you had the last clear chance to avoid the accident, even if you only had a split second to react. By shifting even a small percentage of blame onto you, they can reduce their company’s payout and save their bottom line.

Your Responsibilities After a Crash

The state imposes a strict and unforgiving deadline on your right to seek justice in court. This law, the statute of limitations, is one of the most important Texas car accident laws you need to know.

The two-year filing deadline

The law, found at Texas Civil Practice & Remedies Code § 16.003, gives you two years from the accident date to file a personal injury lawsuit. This does not mean your case must be finished in two years, but you must file the initial legal action with the court before the second anniversary of the crash. 

Our firm’s history of case results includes numerous instances where we had to act quickly to meet deadlines for our clients.

Legal duties at the accident scene

Texas law outlines specific actions you must take following a collision. Fulfilling these duties is a legal requirement and a way to protect your health and your potential claim.

Texas law sets forth clear responsibilities for any driver involved in a collision. These actions are designed to ensure safety and accountability at the scene.

• Stop your vehicle immediately at the scene or as close as possible.
• Render reasonable assistance to anyone who is injured.
• Exchange driver’s license, contact, and insurance information.
• Report the accident to the police if certain conditions are met.

These steps are not optional suggestions; they are legal obligations for every driver on a Texas road. Failing to comply can result in serious legal consequences, including criminal charges for leaving the scene of an accident.

The duty to mitigate your damages

After an accident, you have a legal duty to mitigate your damages. This means you must take reasonable steps to prevent your injuries and financial losses from getting worse. The most important step is seeking prompt medical evaluation and following your doctor’s treatment plan. 

If you miss appointments or ignore medical advice, an insurance company will argue that your own inaction worsened your condition, and therefore they are not responsible for the full extent of your injuries.

Required Insurance and Financial Responsibility

All Texas drivers must demonstrate financial responsibility in case they cause an accident. The most common way to do this is by carrying at least the state-mandated minimum amount of liability insurance.

Texas minimum insurance requirements

The state sets minimum coverage amounts that every driver must carry. These amounts, often called 30/60/25 coverage, are frequently insufficient in a serious accident. They include $30,000 for bodily injury liability per person, $60,000 per accident, and $25,000 for property damage. This information is sourced from the Texas Department of Transportation.

The reality of minimum coverage in a serious crash

A single night in a hospital or one surgery can easily cost more than the $30,000 bodily injury minimum. The average cost for an inpatient hospital stay in the U.S. is over $13,000 per day. 

If you suffer a catastrophic injury, the at-fault driver’s minimum policy may be exhausted almost immediately, leaving you with a mountain of medical bills and no way to recover them from that policy.

Protecting yourself with UM/UIM coverage

Because the state minimums are so low, carrying Uninsured/Underinsured Motorist (UM/UIM) coverage is a sensible way to protect your family. This coverage pays for your damages if the at-fault driver has no insurance or not enough to cover your bills. 

It is important to remember that when you file a UIM claim, you are in an adversarial position with your own insurance company, and they will work to minimize their payout just like any other insurer.

FAQ for Texas Car Accident Laws

What if the police report says I am at fault?

The police report is an important piece of evidence, but the officer’s opinion on fault is not the final word. An officer did not witness the crash, and their conclusion is based on limited information gathered at the scene. A separate, more detailed investigation can reveal evidence that contradicts the report.

Do I have to use the auto repair shop the insurance company recommends?

No. In Texas, you have the right to choose where your vehicle is repaired. An insurance company may have a list of preferred shops, but you are not obligated to use them. You should select a reputable repair facility that you trust to do quality work.

What happens if the other driver was a government employee?

Claims against government entities in Texas are handled under a different set of laws, primarily the Texas Tort Claims Act. These cases have much shorter deadlines and specific notice requirements. If a city, state, or federal employee injured you, you should seek legal guidance immediately.

Protect Your Rights

The legal system that governs car accidents is complex, and insurance companies have teams of adjusters dedicated to protecting their interests. You do not have to face this process alone. Speaking with a car accident lawyer can help protect your rights and guide you through the next steps.