Road trips, daily commutes, and travel for work or family visits are a regular part of life in Texas, and they can also expose people to serious injury risks. Rideshare and rental car issues, weather-related road hazards, and impaired driving are among the most common causes of preventable injuries while traveling. Understanding these risks, and the legal options available if someone else’s carelessness causes an injury, can help you protect your family and your rights.
Weather-Related Road Hazards
Texas weather can shift quickly, and rain, fog, high winds, or an unexpected cold front can turn a routine drive into a hazard, particularly on unfamiliar roads during a trip. A driver who fails to adjust to hazardous road conditions, or who causes a crash while speeding, distracted, or following too closely, can be held liable through a civil negligence lawsuit for medical bills, lost income, physical pain, and other legally recoverable damages tied to the crash.
Hazardous weather can also create premises liability risks off the road, such as an wet parking lot or entryway at a store, restaurant, hotel, or other business. A property owner or operator may face liability when a dangerous condition causes an injury, depending on what the owner or operator knew or should have known about the hazard and whether proper steps were taken to warn visitors or make the condition safe.
Travel and Alcohol-Related Accidents
Holiday weekends and other travel periods bring an increase in traffic on Texas roads, and the Texas Department of Transportation regularly warns motorists about the risks of impaired and distracted driving. A driver who causes a crash while intoxicated can face a civil negligence lawsuit for the resulting injuries, and if the crash results in a fatality, the surviving spouse, children, or parents of the deceased may be entitled to bring a wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71.
If a bar or restaurant served alcohol to an obviously intoxicated customer prior to the customer getting in a crash, the business may face liability if it was apparent at the time of service that the person presented a clear danger to themselves and others. This statutory cause of action is established by the Texas Dram Shop Act (Texas Alcoholic Beverage Code Section 2.02). This claim is separate from a negligence claim that can be brought against the driver.
Texas law also contains a separate social-host provision. An adult age 21 or older may be liable for damages caused by an intoxicated minor under 18 when the statutory requirements are met, including certain situations in which the adult knowingly provided alcohol to the minor or allowed the minor to be served on premises the adult owned or leased. Gatherings where alcohol is served to guests, including younger relatives, can raise these issues.
Rideshare and Rental Car Accidents
Rideshare and rental vehicles raise liability issues beyond a typical car accident claim. In Texas, rideshare drivers are subject to state-mandated insurance requirements, and the applicable coverage level depends on the driver’s status at the time of the crash, such as whether the app was off, the driver was waiting for a ride request, or a passenger was already in the vehicle. A passenger, other driver, or pedestrian injured in a rideshare-related crash may be able to pursue a claim against the rideshare driver, the rideshare company’s insurance policy, or another at-fault driver, depending on the circumstances.
Rental car companies generally cannot be held vicariously liable simply because their vehicle was involved in a crash caused by the renter’s negligence. This protection comes from the federal Graves Amendment (49 U.S.C. § 30106). However, the Graves Amendment does not shield a rental company from liability for its own negligence, such as renting out a vehicle with a known mechanical problem or failing to properly maintain and inspect a vehicle before renting it.
Workplace Safety for Travel-Heavy Jobs
Not everyone is traveling for leisure. Employees in trucking, delivery, sales, and other travel-heavy roles spend significant time on the road, where fatigue, rushed schedules, and unsafe equipment can contribute to on-the-job injuries. An employee injured on the job may qualify for Texas workers’ compensation benefits when the employer carries workers’ comp insurance and the injury is compensable under the state system. Most private Texas employers may choose whether to obtain this coverage.
Some Texas employers choose not to carry workers’ compensation coverage. These employers are known as nonsubscribers. An employee injured while working for a nonsubscriber employer cannot file a Texas workers’ compensation claim but may instead bring a nonsubscriber work injury negligence lawsuit directly against the employer. For such a lawsuit, Texas law removes several defenses the employer would otherwise have, though the employee still must prove the employer was negligent, which a workers’ compensation claim does not require.
What to Do If You Are Injured While Traveling
If you or a family member is injured in an accident while traveling, seek medical care first, then document the scene, injuries, and any parties involved as soon as it is safe to do so. In Texas, most personal injury claims, including those arising from car accidents, defective products, and premises liability, must generally be filed within two years after the claim accrues under Texas Civil Practice and Remedies Code Section 16.003(a). A wrongful death claim also carries a two-year deadline under Section 16.003(b), running from the date of death.
The limitations period can be affected by specific statutes and tolling rules, including legal disability in certain cases involving minors. Claims against governmental entities also involve separate notice requirements. Under the Texas Tort Claims Act, a governmental unit is generally entitled to written notice of a claim within six months after the incident. A city may have a valid charter or ordinance requiring notice within a shorter period, while the statutory notice requirements do not apply when the governmental unit has the actual notice described in Section 101.101(c). These notice requirements are separate from the deadline for filing a lawsuit.
Because different claims can carry different accrual rules, notice requirements, or exceptions, waiting until the general two-year period is nearly over can create avoidable problems.
Talk to Bailey & Galyen About Your Legal Options
A safe trip depends on the choices everyone around you makes, and not every risk can be prevented. If you or someone you love was hurt because of the negligence of another person, business, or property owner while traveling, the attorneys at Bailey & Galyen can review what happened and help you understand the legal options available. Call or contact Bailey & Galyen today to schedule a free consultation with a member of our legal team.
Hablamos español en nuestra oficina.
Bailey & Galyen – Solving Your Legal Puzzle®
Español 
English