A passenger seeking damages from a negligent driver generally must show that the driver failed to use reasonable care, that the failure caused the collision and injuries, and that the injuries resulted in compensable losses. Evidence can include the police crash report, photographs or video, witness statements, vehicle damage, medical records and bills, and documentation of income lost because of the injuries.
For example, if two drivers disagree about who entered an intersection improperly, witness accounts, traffic-camera footage, vehicle damage, and other crash evidence can help determine responsibility. Medical records can separately help establish what injuries occurred and the treatment they required.
A Texas personal injury lawsuit arising from an ordinary car accident generally must be filed within two years after the claim accrues, which in most cases is the date of the collision. If the injured passenger was younger than 18 or of unsound mind when the claim accrued, Texas’s legal-disability rule can affect the limitations calculation.
Sometimes the at-fault party is a government entity rather than another driver — for example, when the other vehicle was a city or county truck, a transit or school bus, or a police or emergency vehicle being driven by an employee on the job. Less often, a claim involves the condition of the road itself. If the claim is against a Texas governmental unit, a separate notice requirement may apply. The Texas Tort Claims Act sets a deadline of six months after the incident to give the governmental unit notice of the claim. That six months is the outside limit — a city’s charter or ordinance can set a shorter deadline, sometimes much shorter, so the time to act may be far less.
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