Dallas Car Wreck Questions, Answered

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These are the questions people ask us most often after a car wreck in Dallas or a nearby town. The answers are general information about Texas law, not legal advice about your case; every wreck is different, and the free case review is the place to talk about yours.

Deadlines

How long do I have to file a lawsuit?

Generally two years from the day of the wreck, under Civil Practice and Remedies Code 16.003. If the wreck caused a death, the two years run from the date of death. For a child, the two years generally start at 18 (16.001).

Is there a shorter deadline for a city bus or police car?

Usually yes. A claim against a city or county generally needs written notice within six months, describing the injury and the time, place and incident, and a city charter can set a shorter period (CPRC 101.101).

Fault

Can I recover if I was partly at fault?

Yes, if you are 50 percent or less responsible. Your recovery is reduced by your share (CPRC 33.012). If you are more than 50 percent responsible, you cannot recover (33.001).

Does the crash report decide fault?

No. The CR-3 report is important evidence, but fault is decided on all the evidence, including photographs, video, witnesses and the damage to the cars. Reports can be wrong, and other evidence can correct them.

Insurance

What insurance must Texas drivers carry?

Liability coverage of at least $30,000 for one person’s injuries, $60,000 for two or more people and $25,000 for property damage per crash (Transportation Code 601.072). These are minimums, not values of any claim.

What if the other driver has no insurance or not enough?

Your own uninsured and underinsured motorist coverage may pay. It is part of every Texas auto policy unless a named insured rejected it in writing (Insurance Code 1952.101). See our page on Dallas auto accident insurance.

What is PIP?

Personal injury protection is included in Texas policies unless rejected in writing. It is paid without regard to fault, and the insurer must pay within 30 days of satisfactory proof (Insurance Code 1952.155, 1952.156).

Should I talk to the other driver’s insurer?

You can tell the adjuster that your lawyer will be in touch. Talk to us before you give a recorded statement or sign anything. Several of our attorneys worked on the insurance side, and we know what those first calls are for.

After the wreck

What does Texas law require at the scene?

Stop, check whether anyone needs help and stay to give information (Transportation Code 550.021); exchange names, addresses, registration and insurance details (550.023); and report a crash with injury, death or a car that cannot be driven to the police (550.026).

How do I get the crash report?

The investigating officer files the CR-3 with TxDOT within 10 days (550.062). People involved and their representatives can buy a copy for a small fee through TxDOT’s Crash Report Online Purchase System. See our article on the CR-3 report.

What if the driver who hit me drove away?

Report it to the police right away. Leaving the scene of a crash with injury breaks Transportation Code 550.021. Your own coverage may help; see our article on hit-and-run wrecks.

Should I post about the wreck online?

No. Insurers can find public posts and photos and may use them to argue about fault or about how badly you were hurt. Keep your photos for your claim and talk to us before posting anything.

Working with us

What does it cost?

No Fees or Costs Unless We Win. The firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you. The case review is free.

Who are the attorneys in your Dallas office?

Michael Uvalle, the firm’s founder, Rolando Reyna, Jr. and Joseph Massey. Michael Uvalle is the attorney responsible for this site. You can read about each of them on our team page.

Do you have offices outside Dallas?

The cases on this site are handled from our Dallas office at 5001 Spring Valley Road. We help people hurt in Irving, Garland, Mesquite, Grand Prairie, Richardson, Carrollton, Plano, Arlington and DeSoto from there; see the areas we serve.

Does sending the form make you my lawyers?

No. Sending the form or calling does not create an attorney-client relationship. That begins only when the firm agrees in writing to represent you. Please keep confidential details for our call.