Getting Compensation After Texas Car Accidents

Understanding The Compensation & Settlement Process in Texas for Your Car Accident

Maximize Your Car Wreck Claim. Contact the Adley Law Firm Today

If you or a loved one has been injured in a car accident in Houston or anywhere in Texas, you may be entitled to financial compensation. Car accidents can leave victims with mounting medical bills, lost wages, and pain and suffering. Understanding how car accident compensation works in Texas is crucial to ensure you receive the money you deserve for your losses. At Adley Law Firm, our experienced Houston car accident lawyers are here to guide you through the process and fight for your rights every step of the way.

• How Car Accident Compensation Works in Texas
• Damages You Can Recover After a Car Accident
• Dealing With Uninsured and Underinsured Drivers in Texass
• Time Limits: Texas Car Accident Statute of Limitations
• Factors That Affect Car Accident Settlement Amounts
• Why Hiring a Houston Car Accident Lawyer Matters
• Contact The Adley Law Firm

How Car Accident Compensation Works in Texas

Texas is an at-fault state. This means the driver who caused the accident is responsible for paying damages. In practice, their auto insurance will typically cover injury claims up to the policy limits. Unlike “no-fault” states, Texas requires the at-fault party to compensate victims, either through an insurance claim or a personal injury lawsuit. After a crash in Texas, you generally have two main paths to seek compensation:

• Insurance Claim: Filing a claim with the at-fault driver’s insurance company (a third-party liability claim). You present evidence that their insured was negligent and caused the crash, and you negotiate for a settlement to cover your damages.
• Lawsuit: Filing a personal injury lawsuit against the at-fault driver in civil court. Often, lawsuits lead to settlements before trial, but if negotiations fail, a court can decide the outcome. The at-fault driver’s insurer typically provides a legal defense and will pay any judgment up to the policy limits.

In some cases, you may also turn to your own insurance for certain benefits. For example, if you carry Personal Injury Protection (PIP) coverage or Medical Payments coverage on your policy, those can pay for your medical bills (and in PIP’s case, a portion of lost income) regardless of who was at fault. These first-party coverages help you get immediate relief but usually have lower limits. They do not prevent you from also pursuing a claim against the at-fault driver.

Who pays for a car crash in Texas? Ultimately, the at-fault driver (through their insurance) is on the hook for damages. All Texas drivers are required by law to carry liability insurance to cover injuries and property damage they cause. If another driver crashed into you due to negligence – such as running a red light or texting while driving – their insurance should compensate you for your losses. However, insurance companies often try to minimize payouts, which is why having a knowledgeable attorney can make a big difference in recovering fair compensation.

Fault and Comparative Negligence in Texas

To collect compensation, you will need to prove the other driver was at fault for the accident. Texas uses a modified comparative negligence rule (sometimes called the “51% bar rule”). This rule affects who can recover damages and how much. In short:

• If you are 50% or less at fault for the accident, you can still recover compensation. However, your award will be reduced by your percentage of fault. For example, if you were 20% at fault (perhaps you were slightly speeding) and the other driver was 80% at fault, you could recover 80% of your total damages.
• If you are 51% or more at fault, you are barred from recovering any compensation from the other party. In other words, you cannot recover if you were primarily responsible for the crash.

This means it’s possible for more than one party to share fault. Insurance adjusters and courts will evaluate evidence – such as police reports, witness statements, and accident reconstruction – to assign each party a percentage of blame. It’s important to have a skilled lawyer advocate for you during this process to prevent unfair blame from being placed on you. Even a small shift in assigned fault can significantly impact the compensation you receive.

Texas Insurance Requirements and Coverage

Because Texas law holds at-fault drivers financially responsible, the state mandates minimum liability insurance coverage for all motorists. The minimum required policy limits in Texas are often referred to as 30/60/25 coverage. This means every driver should have at least:

• $30,000 in bodily injury liability coverage per person injured in an accident
• $60,000 in total bodily injury liability per accident (for all persons injured in a single crash)
• $25,000 in property damage liability per accident

Liability insurance helps pay for the other party’s injuries and property damage if you cause an accident. However, these minimum limits might not fully cover serious accidents. Many drivers choose higher coverage limits for better protection. Additionally, insurance companies in Texas must offer you other types of coverage when you purchase a policy, such as:

• Personal Injury Protection (PIP): Covers your own medical expenses and a portion of lost wages, regardless of fault. Texas insurers must offer PIP coverage (you can decline it in writing). PIP provides quick coverage for medical bills (and a portion of lost income) right after a crash, no matter who was at fault.
• Uninsured/Underinsured Motorist (UM/UIM): Covers your injuries and damages if the at-fault driver has no insurance or not enough insurance. UM/UIM essentially steps in for the other driver’s liability coverage in those situations. This coverage can be crucial. (We’ll discuss UM/UIM in more detail below.)

Understanding your insurance coverage is an important part of the compensation process. After an accident, you might be dealing with multiple insurance claims – for example, a claim against the other driver’s liability policy and possibly a PIP or UM claim with your own insurer. An experienced Texas personal injury lawyer can review all available insurance policies to make sure you pursue every avenue of compensation available.

Damages You Can Recover After a Car Accident

A car accident can cause a wide range of losses, and Texas law allows victims to recover economic and non-economic damages from the at-fault party. In some cases, punitive damages may also be available. Here are the main types of damages you may claim:

• Medical Expenses: All past and future medical bills related to your injuries. This includes ambulance bills, emergency room visits, hospital stays, surgeries, follow-up doctor appointments, prescription medications, physical therapy, rehabilitation, and any necessary medical devices (like braces or wheelchairs). Future treatment costs should also be included – if you will need ongoing care or additional procedures down the line, those estimated expenses are part of your medical damages.
• Lost Wages and Earning Capacity: Income you lost because you couldn’t work during recovery, as well as future earnings you might lose if your injuries have long-term effects on your ability to work. For example, if you suffer a permanent disability or chronic pain, it might reduce your capacity to earn what you did before the accident. These losses can be calculated and claimed as damages.
• Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash (for instance, a car seat, cellphone, or luggage in the car). This also includes towing and storage fees, and if your car is totaled, you can claim its fair market value. Texas also allows recovery for the diminished value of your vehicle if it’s repaired but worth less than before.
• Pain and Suffering (Physical and Emotional): Accident victims deserve compensation not just for financial losses but also for their personal suffering. This includes the physical pain and discomfort from injuries as well as the emotional and psychological impact. Serious crashes can lead to anxiety, depression, sleep problems, or even PTSD. If your injuries caused you to miss out on activities you once enjoyed or affected your relationships, those losses of enjoyment and companionship are part of your non-economic damages. While these intangible losses are harder to quantify, they are a crucial component of a fair settlement or award.
• Punitive Damages: In Texas, punitive damages (also called exemplary damages) are not awarded in every case – they are reserved for situations where the at-fault party acted with gross negligence or malice (for example, a drunk driver who caused a serious injury crash). Punitive damages are meant to punish egregious behavior and deter others, and they require a higher burden of proof. If applicable, they can significantly increase the value of a case, but Texas also has caps on punitive awards.

Every accident case is unique. Part of our job as your attorneys is to thoroughly document all of your losses and build evidence for each category of damages. This often involves collecting medical records and bills, employment records, expert opinions (such as doctors who can testify about future medical needs or economists who can calculate lost earning potential), and personal statements about how the injuries have affected your daily life. By presenting a comprehensive picture of your damages, we fight to maximize your car accident compensation.

Dealing With Uninsured and Underinsured Drivers in Texas

Texas law requires drivers to carry insurance, but unfortunately, not everyone obeys the law or carries enough coverage. If you are hit by an uninsured driver (someone with no insurance) or an underinsured driver (someone whose insurance limits aren’t high enough to cover your damages), it can complicate your claim. Here’s how these situations work and what you can do. If you were hit by an uninsured driver, see our in-depth guide on uninsured and underinsured accidents in Texas for more details on your options.

Uninsured Drivers: When the at-fault driver has no liability insurance, they are personally responsible for your damages. However, many uninsured drivers have limited assets, so collecting directly from them can be difficult. This is why carrying Uninsured Motorist (UM) coverage on your own policy is so important. If you have UM coverage, you can file a claim with your insurance company for your injury expenses and losses, up to the limits you purchased. It’s essentially your own insurer stepping in to pay for the damages the uninsured driver caused. UM coverage can apply not only in typical accidents but also if you’re injured by a hit-and-run driver who flees the scene and is never identified.

Underinsured Drivers: “Underinsured” means the other driver has some insurance, but not enough to cover all your losses. For example, they might only have the minimum 30/60/25 policy, which could be far less than the total of your medical bills and other losses, leaving a big gap. In such cases, if you have Underinsured Motorist (UIM) coverage, you could make a claim on your own policy to cover the remaining damages, up to your UIM limits. Essentially, your insurance covers the difference between the at-fault driver’s policy limits and your remaining damages, up to your UIM limit. Typically, you must receive the at-fault driver’s full insurance payout before your UIM will contribute.

If you do not have UM/UIM coverage and you’re hit by an uninsured or underinsured driver, it’s even more critical to consult with an attorney. An experienced lawyer can investigate whether any other parties might share responsibility. For example, if the at-fault driver was on the job, their employer could potentially be held liable. These situations can be complex, but a diligent attorney will explore every avenue to find compensation for you. At Adley Law Firm, we help Houston accident victims understand their options when dealing with uninsured/underinsured scenarios and will assist in filing UM/UIM claims on your behalf when applicable.

Time Limits: Texas Car Accident Statute of Limitations

After a car accident, you do not have unlimited time to seek compensation. Texas imposes a statute of limitations on injury claims. In general, the deadline to file a lawsuit for a car accident injury in Texas is two years from the date of the accident. This two-year statute of limitations is established by Texas Civil Practice & Remedies Code §16.003. If you miss this window, you will likely lose your right to pursue a lawsuit for your injuries.

There are some limited exceptions (for example, for claims involving government entities or injured minors), but in most cases you have exactly two years to act.

Even though two years may sound like a long time, it’s wise to act well before the deadline. As time passes, evidence can be lost or harder to obtain – accident scenes get cleaned up, vehicles get repaired or scrapped, witnesses’ memories fade, and insurance records might be harder to track down. The sooner you start your claim, the stronger your case can be. That’s why we encourage accident victims to reach out to a Houston car accident lawyer quickly. We can immediately begin investigating the crash, preserving evidence (like obtaining traffic camera footage or black box data from vehicles), and ensuring all paperwork and filings are done correctly before the statute of limitations expires.

Factors That Affect Car Accident Settlement Amounts

Many accident victims want to know: “What is a typical car accident settlement?” The truth is, every case is different, and settlement amounts can vary widely. There isn’t a one-size-fits-all value, because several key factors influence the amount of compensation you may receive. Understanding these factors can give you a better idea of what to expect from an auto accident settlement in Texas:

• Injury Severity and Medical Costs: The extent of your injuries and the amount of medical treatment required are major drivers of settlement value. Generally, more severe injuries (broken bones, surgery, long-term impairments, etc.) that result in extensive medical care and rehabilitation will lead to higher compensation. Both your current medical bills and any expected future medical needs are taken into account, so serious injuries with high medical costs typically yield larger settlements than minor injuries with minimal treatment.
• Lost Income and Earning Capacity: If you missed work or cannot return to your prior job, the income you lost and the income you will lose in the future due to the accident are factored in. A person who can never work again or must take a lower-paying job because of a lasting injury will have a claim for lost earning capacity. This can significantly increase the settlement value compared to someone who only missed a few days or weeks of work.
• Liability and Evidence: If it’s clear and well-documented that the other driver was entirely at fault (for example, you were rear-ended while stopped and witnesses confirm it), it’s easier to secure a full settlement for your damages. However, if fault is disputed or unclear, the insurance company will likely fight harder or offer less, arguing you bear some blame. Strong evidence – such as a favorable police report, photos, or witness statements – can help prove liability and increase your settlement. In Texas, if you are found partly at fault, your compensation will be reduced by your percentage of fault, making solid evidence even more critical.
• Insurance Policy Limits: A practical limiting factor is how much insurance money is available. If the at-fault driver only has a minimum policy, you might be effectively capped by $30,000 per person (unless they have personal assets or there are other liable parties). Your own UM/UIM coverage can provide additional funds if the at-fault party’s limits are low. In serious injury cases, multiple layers of insurance (such as the driver’s policy, an employer’s policy, or an umbrella policy) might need to be pursued. We will identify all applicable insurance sources to maximize recovery.
• Pain and Suffering and Life Impact: Non-economic damages like physical pain, emotional distress, and loss of enjoyment of life can be a significant part of your settlement. These are somewhat subjective, but factors such as the duration and intensity of your pain, the invasiveness of treatments (e.g. surgeries or injections), and how the injuries affect your daily life will influence the value. Compelling personal stories or doctor’s reports about your suffering can support this portion of your claim.

Because so many factors play into a settlement, there is no true “average” that applies to every case. Be wary of anyone who promises a specific amount upfront. A trustworthy attorney will evaluate all aspects of your situation and give you a realistic range based on experience with similar cases. Our goal is to get you the maximum compensation possible by leveraging all these factors in your favor and not leaving any money on the table.

Why Hiring a Houston Car Accident Lawyer Matters

After a serious auto accident, you might wonder if you really need a lawyer to handle your claim. After all, can’t you just work with the insurance company on your own? While you have the right to handle your claim yourself, there are many reasons why hiring an experienced Texas car accident lawyer is highly beneficial for accident victims:

• Understanding the Law and Insurance: Car accident claims involve a combination of Texas traffic laws, insurance policy rules, and legal standards of proof for negligence and damages. A seasoned attorney has in-depth knowledge of state laws (like the comparative negligence rule) and knows how to navigate insurance policies. This expertise ensures that you don’t overlook any legal avenues of compensation or fall into defense traps that could hurt your case.
• Accurate Valuation of Your Claim: One of the most critical aspects is determining what your claim is worth. Insurance companies often pressure unrepresented victims into quick, low settlements that might only cover a fraction of the actual costs. A lawyer who has handled many car accident cases can evaluate all your damages (including future costs and intangible losses like pain and suffering) to demand a fair amount. We often work with medical and economic experts to project long-term needs, which is something you might not know how to do on your own.
• Handling the Insurance Companies: Dealing with insurance adjusters can be tricky. Their job is to save the insurance company money, not to pay you what you fully deserve. They may use tactics to undermine your claim, like twisting your statements. With a lawyer, the insurance company must communicate with us, not you. We handle all correspondence, protecting you from saying anything that could be used against your case. We also negotiate aggressively to reach the best settlement possible. If the insurer refuses to offer a reasonable amount, we can file a lawsuit and take the fight to court.
• Proving Fault and Damages: Our Houston car accident attorneys investigate the crash thoroughly – obtaining police reports, witness statements, photos, medical records, and more. We build a compelling case to prove the other driver’s negligence and fully demonstrate your damages. Remember, insurance companies have lawyers and experts working against you; you deserve an experienced advocate on your side to level the playing field.
• No Upfront Cost: At Adley Law Firm, we handle car accident cases on a contingency fee basis. This means you pay nothing upfront and no hourly fees – our fee is a percentage of the settlement or verdict we obtain for you. You can get quality legal representation without added financial stress. If we don’t recover compensation for you, you owe us nothing.

In summary, having a dedicated car accident lawyer in Houston can significantly improve the outcome of your case. Not only do we work to maximize your compensation, but we also take the burden off your shoulders so you can focus on healing. Our team will handle the paperwork, the phone calls, the evidence gathering, and if necessary, the litigation – all while keeping you informed and advised. Studies have shown that injury victims with legal representation often recover much more (even after attorney fees) than those who go it alone. Our goal at Adley Law Firm is to make sure you are not short-changed after a car accident and that the responsible party is held fully accountable.

Get Help from a Houston Car Accident Lawyer Today

A car accident can turn your life upside down, but you don’t have to face the aftermath alone. The legal team at Adley Law Firm is here to help you navigate the process of securing compensation for your injuries, property damage, and other losses. Our Houston car accident lawyers have the experience, knowledge, and dedication to handle everything from filing insurance claims to fighting for you in court if needed.

Free Consultation: We offer a free initial consultation to evaluate your case. There’s no obligation – just an opportunity for you to understand your options and for us to advise you on the best course of action. We’ll answer your questions and give you honest guidance on how to move forward.

No Fees Unless We Win: Worried about the cost of hiring a lawyer? Don’t be. At Adley Law Firm, we work on a contingency fee basis. That means you pay nothing upfront, and we only get paid if we recover compensation for you. Our priority is to ease your burden, not add to it.

Time is critical after a car accident. Evidence can fade and legal deadlines approach faster than you might expect. The sooner you have a skilled attorney working on your case, the better your chances of a successful outcome. If you or a family member was hurt in a car accident in Houston or anywhere in Texas, don’t wait to seek the help you need.

Contact Adley Law Firm today at (713) 999-8669 or reach out online to schedule your free consultation. Let us fight for the full and fair car accident compensation you deserve while you focus on healing and moving forward. Your road to recovery starts with a single step – get in touch with our team, and let’s work together to get your life back on track.