Injured in a Car Accident?
Understanding Car Accident and Personal Injury Claims in Texas
Car accidents are among the most common causes of personal injury in Texas. Even a seemingly minor collision can result in significant physical, emotional, and financial consequences. Understanding how personal injury claims work can help injured individuals navigate the legal process and protect their rights.
Negligence and Liability in Texas
In Texas, most car accident claims are based on the legal principle of negligence. A driver is considered negligent when they fail to exercise reasonable care, resulting in harm to others. Common examples include speeding, texting while driving, failing to yield, and driving under the influence.
To succeed in a personal injury claim, the injured party (plaintiff) must typically prove four elements:
Duty – The defendant owed a legal duty to act with reasonable care.
Breach – The defendant breached that duty.
Causation – The breach caused the plaintiff’s injuries.
Damages – The plaintiff suffered actual harm as a result.
Texas follows a modified comparative fault rule. If a plaintiff is partially at fault for the accident, their compensation is reduced by their percentage of fault. However, if they are found to be more than 50% at fault, they are barred from recovering damages.
Common Injuries and Damages
Car accident injuries can range from minor to life-threatening. Common injuries include:
Whiplash and neck injuries
Broken bones
Concussions and traumatic brain injuries (TBI)
Spinal cord injuries
Internal injuries
Victims may be entitled to recover compensation for:
Medical expenses
Lost wages
Pain and suffering
Future medical care
Loss of earning capacity
Property damage
In some cases, punitive damages may be awarded if the at-fault party’s conduct was particularly reckless or egregious.
The Claims Process
After an accident, the injured party typically begins the process by filing a claim with the at-fault driver’s insurance company. If a fair settlement cannot be reached, the next step may be to file a personal injury lawsuit in civil court.
In Texas, the statute of limitations for personal injury claims is two years from the date of the accident. Failing to file within this period may result in the case being dismissed.
What to do After a Car Accident?
After a car accident, understanding your legal rights is just the beginning. Insurance companies may act like they're on your side—but in reality, their goal is to pay out as little as possible. Without skilled legal representation, you may end up accepting far less than your case is truly worth.
At The Wade Law Group, we know how to stand up to insurers and fight for the compensation you deserve. From proving liability to documenting the full extent of your damages, we handle the legal complexities so you can focus on healing. Every case is unique, but having an experienced advocate in your corner makes all the difference. Don’t leave your future in the hands of an insurance adjuster—get the guidance and protection you need from a team that’s committed to your recovery.
