On this page
A handful of Texas statutes decide most car accident claims. They say how long you have, how fault is divided, what insurance drivers must carry, what has to happen at the scene, and what changes when a government vehicle is involved. This guide sets them out in plain English, with a link to each statute’s official text. It is general information, not legal advice about your case.
How long you have
A personal injury suit must be brought “not later than two years after the day the cause of action accrues” under Civil Practice and Remedies Code 16.003. For a car wreck, that is usually two years from the day of the crash. When a wreck causes a death, the two years run from the date of death (16.003(b)). For a child, the time while the child is a minor is generally not counted, so the two years start at 18 (16.001).
Claims against a city or county
Written notice usually must reach the government within six months of the incident, describing the injury and the time, place and incident, and a city charter may set a shorter period (CPRC 101.101). Actual notice can sometimes excuse it, but do not count on that.
How fault is divided
Texas uses proportionate responsibility, in Chapter 33 of the Civil Practice and Remedies Code. A claimant “may not recover damages if his percentage of responsibility is greater than 50 percent” (33.001). At 50 percent or less, the recovery is reduced by the claimant’s own percentage (33.012). A defendant found more than 50 percent responsible is jointly and severally liable (33.013), and a defendant may ask, generally at least 60 days before trial, to designate a responsible third party (33.004). Our page on how fault is decided in a Dallas car accident puts these rules to work.
What insurance drivers must carry
| Coverage | The rule | Statute |
|---|---|---|
| Liability | At least $30,000 for one person’s injuries, $60,000 for two or more and $25,000 for property damage per crash | Transportation Code 601.072 |
| Uninsured and underinsured motorist | Must be in every Texas auto policy unless a named insured rejects it in writing | Insurance Code 1952.101 |
| Personal injury protection | Included unless rejected in writing; not required above $2,500 per person; paid without regard to fault; due within 30 days of satisfactory proof | Insurance Code 1952.152, 1952.153, 1952.155, 1952.156 |
These are minimums and rules of coverage, not measures of what a claim is worth. Our page on Dallas auto accident insurance explains how the policies fit together.
What the law requires at the scene
- A driver in a crash with injury or death must stop, return if needed, check whether anyone needs aid and remain to give information. Leaving is a felony when someone is killed or seriously hurt (Transportation Code 550.021).
- Drivers must give their name, address, vehicle registration number and liability insurer, show a driver’s license if asked and give reasonable help to anyone hurt (550.023).
- A crash with injury, death or a car that cannot be driven must be reported at once to the local police in a city, or to the sheriff (550.026).
The crash report
An officer who investigates a crash with injury, death or apparent property damage of $1,000 or more must file a Texas Peace Officer’s Crash Report, form CR-3, electronically with TxDOT within 10 days (Transportation Code 550.062). The people involved, their authorized representatives, vehicle owners and the insurers involved can get the full report (550.065); copies are sold for a small fee through TxDOT’s Crash Report Online Purchase System. See our article on the CR-3 crash report.
Texting, and conduct that can add exemplary damages
Reading, writing or sending a message on a portable device while the vehicle is moving is an offense under Transportation Code 545.4251. Exemplary, or punitive, damages are allowed only on clear and convincing proof of fraud, malice or gross negligence, with a unanimous jury (CPRC 41.003), and they are capped by statute (41.008). They are rare, and no case can count on them.
Government vehicles and their limits
The Texas Tort Claims Act caps what a government unit can be required to pay for bodily injury or death: for the state government and for a city, $250,000 for each person and $500,000 for each occurrence; for other local government units, $100,000 and $300,000 (CPRC 101.023). These are statutory limits, not values of any claim.
How these rules play out in Dallas
In Dallas County, a car accident suit is usually filed in the civil district courts at the George L. Allen, Sr. Courts Building, 600 Commerce Street. TxDOT counted 46,257 crashes in Dallas County in 2024, with 331 people killed and 1,648 people with suspected serious injuries. Behind each of those crashes, the same few statutes on this page decided who paid.
Questions about how these laws apply to your wreck? The case review is free.
Questions people ask
Is Texas a no-fault state for car accidents?
No. Texas is a fault state: the at-fault driver’s liability insurance pays, and fault is divided in percentages under Chapter 33. PIP, which most Texas policies include, is paid without regard to fault.
What is the 51 percent rule in Texas?
You cannot recover if you are more than 50 percent responsible for the crash (CPRC 33.001). At 50 percent or less, your recovery is reduced by your share.
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