Texas follows modified comparative fault: if you're found 51% or more at fault, you collect nothing. Every insurer in Texas knows this — and they'll work to get you there.
Texas is a straight fault-based state — no PIP games, no tort thresholds. If someone else caused your accident, you go straight after them. But the 51% rule is where insurers make their money.
Texas is not a no-fault state. There's no PIP threshold to hit before you can sue. You were hurt, someone else caused it, you go directly after their insurance. That's the clean version. The reality is that Texas insurers are experienced at one thing: arguing you were more at fault than you were. Under Texas Civil Practice and Remedies Code § 33.001, modified comparative fault means your damages get reduced by your percentage of fault. At 51% or higher, you collect nothing.
Here's how they run it: the adjuster will find anything suggesting you contributed to the crash. You were in their blind spot. You didn't leave enough following distance. You had a pre-existing condition. Your injuries couldn't have been that bad at that speed. These aren't legal conclusions — they're negotiating positions. They work on people without representation. An attorney's job is to build the factual record that locks in the other driver's liability before the insurer gets a chance to reframe it.
Texas has a two-year statute of limitations from the accident date under Tex. Civ. Prac. and Rem. Code § 16.003. Texas minimum liability coverage is 30/60/25 — but those limits get exhausted quickly on serious injury cases. When that happens, an attorney looks for additional coverage: your own underinsured motorist policy, employer liability if the driver was working, or other third parties. Texas also has no cap on economic damages in car accident cases — the ceiling is as high as the evidence supports.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Under Tex. Civ. Prac. and Rem. Code § 33.001, you can still recover as long as you are 50% or less at fault. Your damages get reduced proportionally — 30% fault on a $100,000 case means you recover $70,000. But if the insurer argues you to 51% or above, you get nothing. That's exactly why they do it. Every percentage point they assign to you is money they don't pay. Contesting their fault determination with an attorney-built evidence record is the whole game.
Two years from the date of the accident under Tex. Civ. Prac. and Rem. Code § 16.003 — for both personal injury and property damage. If a government vehicle was involved, additional notice requirements may apply and some are as short as 6 months. Don't assume your two years is safe; check whether any government entity is involved.
Yes — significantly. Harris County (Houston), Dallas County, and Travis County (Austin) tend to produce higher jury verdicts than rural Texas counties. If your accident happened near a county line, which county the case gets filed in can materially affect settlement value. An attorney familiar with the local courts understands this and factors it into how they approach the case.
Texas minimum coverage is 30/60/25 — $30,000 per person. If your medical bills exceed that, check your own policy for underinsured motorist (UIM) coverage. Texas requires insurers to offer UIM; if you didn't explicitly reject it in writing, you likely have it. If the driver was working at the time — delivery, rideshare, contractor — their employer may also be liable. Minimum coverage cases are often more complex than they first appear.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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