5 things to know
What stands out in Texas
The rules people most often get wrong, and the ones that changed recently.
More than half at fault means nothing
Texas reduces your damages by your share of responsibility, and bars recovery completely if that share is more than 50 percent. How fault is divided can decide the whole claim.
Tex. Civ. Prac. & Rem. Code § 33.001You may have coverage you never chose
Uninsured motorist coverage and personal injury protection are part of every Texas auto policy unless a named insured rejected them in writing. Ask your insurer whether a signed rejection exists before assuming you do not have them.
Tex. Ins. Code §§ 1952.101, 1952.152Claims against a city can have very short notice periods
State law gives six months to give notice of a claim against a governmental unit, and it also upholds the notice periods written into city charters. Check the charter of the city involved right away.
Tex. Civ. Prac. & Rem. Code § 101.101(a), (b)There is no driver crash report to file with the state
Texas stopped keeping driver filed crash reports in 2017. The record of a crash is the officer’s report, so calling the police when someone is hurt matters even more.
S.B. 312, 85th Leg., R.S. (2017), §§ 74(2), 81; Tex. Transp. Code §§ 550.026, 550.062, 550.065(a)(1)(B); TxDOT, “Crash reports and records”Bikes, scooters and skateboards on sidewalks have crosswalk rights since 2025
Since September 1, 2025, drivers must stop and yield to a person lawfully riding a bicycle, scooter or similar device from the sidewalk into a crosswalk, on the same terms as a pedestrian.
Tex. Transp. Code §§ 541.001(6), 552.0035
7 rules
Deadlines
The lawsuit deadline is the one everyone has heard of. The others are the ones that get missed.
The clocks that can be running
More than one deadline can apply to the same event. The bars share one scale: the full width is 3 years.
Notice to your own insurer
Right away Policies require prompt notice of a crash.
Claims against a government agency
- Texas
- 6 months for a written claim or notice. A city can set a shorter period.
Deadline to sue for an injury
- Texas
- 2 years
Deadline for a claim under your own policy
Its own deadline It runs on your policy’s terms and on rules of its own, and it is not always longer than the lawsuit deadline.
- Deadline to sue for an injury
- Two years from the day the claim arises. For most crashes and falls that is the day of the injury.Tex. Civ. Prac. & Rem. Code § 16.003(a)
- Deadline to sue after a death
- Two years, counted from the date of death.Tex. Civ. Prac. & Rem. Code § 16.003(b)
- Deadline for vehicle and property damage
- Two years for damage to a vehicle or other property.Tex. Civ. Prac. & Rem. Code § 16.003(a)
- Claims against a government agency
- A city, county, school district or state agency must receive notice of the claim within six months of the incident. The notice describes the injury or damage, the time and place, and what happened. A city’s charter can set its own notice period, which may be shorter, so do not assume you have the full six months.Tex. Civ. Prac. & Rem. Code § 101.101
- If the injured person is under 18
- If the injured person was under 18 when the claim arose, the time before their 18th birthday is generally not counted against the two years. That rule does not apply the same way to medical malpractice claims, and it should not be assumed to extend the notice deadline for a claim against a government agency.Tex. Civ. Prac. & Rem. Code § 16.001
- Deadline for a claim under your own policy
- A claim against your own insurer for uninsured or underinsured motorist benefits is a contract claim, generally subject to a four year limit. The deadline to sue the driver who caused the crash is still two years.Franco v. Allstate Ins. Co., 505 S.W.2d 789 (Tex. 1974); Tex. Civ. Prac. & Rem. Code § 16.051
- Claims with different deadlines
- Medical malpractice claims have their own rules: generally two years, with a separate rule for children under 12 and an outer limit of 10 years.Tex. Civ. Prac. & Rem. Code § 74.251
1 rule
Fault
What happens to your claim when the other side says you were partly to blame.
Shared fault: an example
Two example shares of fault. In a real claim the share is decided from the evidence.
| State | Share of your damages you keep |
|---|---|
| Texas | 80% |
| State | Share of your damages you keep |
|---|---|
| Texas | Noneabove 50 percent at fault |
- If you were partly at fault
- Texas reduces your damages by your percentage of responsibility. If you are found more than 50 percent responsible, you recover nothing.Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012
4 rules
Insurance
What drivers must carry, and the coverage on your own policy that pays when theirs does not.
- Minimum liability insurance drivers must carry
- $30,000 for the injury or death of one person, $60,000 for two or more people, and $25,000 for property damage, in one collision.Tex. Transp. Code § 601.072(a-1)
- Uninsured and underinsured motorist coverage
- An auto policy in Texas must include uninsured and underinsured motorist coverage unless a named insured rejected it in writing. If you never signed a rejection, you may have this coverage without knowing it.Tex. Ins. Code § 1952.101
- Coverage for your own medical bills
- Personal injury protection (PIP) is part of every auto policy unless it was rejected in writing. The statute does not require an insurer to provide more than $2,500 per person, and PIP pays no matter who was at fault.Tex. Ins. Code §§ 1952.152, 1952.153, 1952.155
- Hit and run and unidentified drivers
- To use uninsured motorist coverage for a driver who was never identified, Texas requires actual physical contact between that driver’s vehicle and you or your property, such as your vehicle.Tex. Ins. Code § 1952.104(3)
2 rules
After a crash
What the law requires of every driver at the scene and in the days after.
- Duties at the scene
- Stop, stay at the scene, exchange your name, address, vehicle registration and insurance information, show your license if asked, and give reasonable help to anyone who is hurt.Tex. Transp. Code §§ 550.021 to 550.023
- Reporting the crash
- Call the police right away if anyone is hurt or killed, or if a vehicle cannot be safely driven. Texas no longer has a state crash report for drivers to file. The investigating officer files the report (form CR-3) when there is an injury, a death, or apparent damage of $1,000 or more.Tex. Transp. Code §§ 550.026, 550.062, 550.065(a)(1)(B); S.B. 312, 85th Leg., R.S. (2017), §§ 74(2), 81
7 rules
Rideshare, trucks, motorcycles and pedestrians
Rules that apply to particular kinds of crashes.
- Rideshare driver logged in, no ride accepted
- At least $50,000 per person and $100,000 per incident for injuries, and $25,000 for property damage.Tex. Ins. Code § 1954.052
- Rideshare driver heading to a rider or on a trip
- From the moment the driver accepts a ride until the last rider gets out: $1,000,000 in total liability coverage per incident. Uninsured motorist coverage and PIP also apply where Texas law requires them.Tex. Ins. Code § 1954.053
- Commercial trucks
- A trucking company hauling general freight across state lines must carry at least $750,000 in liability coverage under federal rules. Texas requires $500,000 for commercial vehicles over 26,000 pounds that stay inside the state. In a lawsuit over a commercial vehicle crash, the defendant can ask for the trial to be split into two phases.49 C.F.R. § 387.9; 43 Tex. Admin. Code § 218.16; Tex. Civ. Prac. & Rem. Code § 72.052
- Motorcycle helmets
- Required, with one exception: a rider who is at least 21 and has completed an approved safety course, or has health insurance that covers motorcycle injuries.Tex. Transp. Code § 661.003
- Riding between lanes
- Not allowed. A motorcycle may not travel between lanes of traffic moving in the same direction or pass a vehicle within the same lane.Tex. Transp. Code § 545.0605
- Pedestrians in a crosswalk
- Where there is no working traffic signal, a driver must stop and yield to a pedestrian in a crosswalk who is on the driver’s half of the road or close enough to be in danger.Tex. Transp. Code § 552.003
- Crossing outside a crosswalk
- A pedestrian crossing outside a crosswalk must yield to vehicles. Drivers still have to use due care to avoid hitting anyone on the road.Tex. Transp. Code §§ 552.005, 552.008
3 rules
Unsafe property, dogs and alcohol
When a property owner, a dog owner or a bar can be responsible.
- Injuries on someone else’s property
- What the owner owed you depends on why you were there. A business must make safe, or warn customers about, hidden dangers it knew of or should have known of. The injured person generally has to show the owner knew or should have known about the condition.Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983); Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015)
- Dog bites
- In Texas the rule comes from decisions of the Supreme Court of Texas. An owner who knew or had reason to know the dog was dangerous can be held strictly liable, except to a trespasser on the owner’s land. Otherwise the owner can be liable for handling the dog carelessly.Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974); Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008)
- Bars and others who serve alcohol
- A bar or other provider can be liable when it was apparent that the person it served was obviously intoxicated to the point of being a clear danger, and that intoxication caused the harm.Tex. Alco. Bev. Code § 2.02
2 rules
When someone has died
Who is allowed to bring the claim, and the separate claim that belongs to the estate.
- Who can bring a wrongful death claim
- The surviving spouse, children and parents. Any of them can file for the benefit of all. If none has filed within three calendar months of the death, the executor or administrator of the estate must file unless all of them ask that no claim be brought. Siblings and grandparents are not included.Tex. Civ. Prac. & Rem. Code § 71.004
- Claim on behalf of the person who died
- The injury claim the person could have brought had they lived continues after death and belongs to their heirs and estate.Tex. Civ. Prac. & Rem. Code § 71.021
Guides
Each guide compares Texas with the other two states.
Tools
Every Texas deadline on one page, and tools that apply these rules to a situation you describe.
Sources
Primary sources for the rules on this page. Checked on the dates shown.
- Tex. Civ. Prac. & Rem. Code § 16.003(a) (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 16.003(b) (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 101.101 (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 16.001 (checked October 3, 2026)
- Franco v. Allstate Ins. Co., 505 S.W.2d 789 (Tex. 1974); Tex. Civ. Prac. & Rem. Code § 16.051 (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 74.251 (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012 (checked October 3, 2026)
- Tex. Transp. Code § 601.072(a-1) (checked October 3, 2026)
- Tex. Ins. Code § 1952.101 (checked October 3, 2026)
- Tex. Ins. Code §§ 1952.152, 1952.153, 1952.155 (checked October 3, 2026)
- Tex. Ins. Code § 1952.104(3) (checked October 3, 2026)
- Tex. Transp. Code §§ 550.021 to 550.023 (checked October 3, 2026)
- Tex. Transp. Code §§ 550.026, 550.062, 550.065(a)(1)(B); S.B. 312, 85th Leg., R.S. (2017), §§ 74(2), 81 (checked October 3, 2026)
- Tex. Ins. Code § 1954.052 (checked October 3, 2026)
- Tex. Ins. Code § 1954.053 (checked October 3, 2026)
- 49 C.F.R. § 387.9; 43 Tex. Admin. Code § 218.16; Tex. Civ. Prac. & Rem. Code § 72.052 (checked October 3, 2026)
- Tex. Transp. Code § 661.003 (checked October 3, 2026)
- Tex. Transp. Code § 545.0605 (checked October 3, 2026)
- Tex. Transp. Code § 552.003 (checked October 3, 2026)
- Tex. Transp. Code §§ 552.005, 552.008 (checked October 3, 2026)
- Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983); Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015) (checked October 3, 2026)
- Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974); Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008) (checked October 3, 2026)
- Tex. Alco. Bev. Code § 2.02 (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 71.004 (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 71.021 (checked October 3, 2026)
This site gives general legal information. It is not legal advice, and reading it does not create an attorney client relationship. Deadlines depend on the facts. Some are much shorter than the general rule. Do not rely on this page to decide how long you can wait.
