Car Accident Lawyer in Texas
According to the Texas Department of Transportation, motor vehicle accidents continue to impact thousands of people across the state each year. In 2024 alone, there were 4,150 traffic-related fatalities and more than 18,000 serious injuries reported on Texas roadways. On average, one person was killed every two hours, and a reportable crash occurred nearly every minute.
These incidents can have lasting physical, emotional, and financial consequences. When you are injured in a car accident caused by another person’s negligence, you may be able to pursue compensation for your losses. The Texas car accident lawyers at Bailey & Galyen can help. Schedule a free consultation today!
Schedule A Free AppointmentCar Accident Lawyers Serving Clients Across Texas
At Bailey & Galyen, with offices throughout Texas, we have aggressively fought for the rights of personal injury victims in the Lone Star State for more than four decades, including people who are hurt in motor vehicle accidents. We understand the financial impact of a personal injury and always prioritize getting positive results. Since we founded our firm almost 40 years ago, we have recovered in excess of $500 million for our personal injury clients.
We offer a free initial consultation to anyone with a potential car accident claim. To set up an appointment, contact us online.
What Are the Common Causes of Car Accidents?
Though there may be many potential causes of car accidents, these are the most common:
- Distracted driving: Whether it's turning your eyes away from the road to look at a handheld device, adjust the stereo, take a bite or sip, talk to a passenger, monitor children in the back seat, or look at some roadside attraction, distracted driving is a national epidemic.
- Driving while intoxicated or under the influence of drugs: It's estimated that nearly one in every 10 car accidents involves alcohol, and about 16% of all crashes involve controlled substances other than alcohol. Combined, accidents relating to drugs and alcohol account for one of every four wrecks.
- Failure to obey traffic laws: Speeding, running red lights, failing to yield, or making unsafe lane changes can all lead to serious collisions.
- Driving in unsafe weather conditions: Rain, fog, or icy roads can make driving more dangerous. Failing to adjust speed or driving behavior in these conditions can increase the chance of an accident.
- Reckless driving: Aggressive behavior such as tailgating, sudden lane changes, or careless driving can put everyone on the road at risk.
Steps to Protect Your Rights After a Car Accident in Texas
Taking the right steps after a car accident can help protect your health and your ability to pursue a claim.
- Report the accident: Call 911 so an official report can be created. This can help document what happened.
- Get medical care right away: Go to a hospital, urgent care, or your doctor as soon as possible. Some injuries may not show symptoms right away. Make sure everything you feel is checked and documented.
- Document the scene: Take photos of the vehicles, your injuries, and the surrounding area. Include road conditions, traffic signs, and weather.
- Gather contact information: Get names and contact details from everyone involved, including witnesses.
- Keep records of your expenses and care: Save medical records, bills, repair estimates, and any notes about how the injury affects your daily life.
- Avoid discussing fault at the scene: Stick to the facts when speaking with others. Do not guess or make statements about who caused the accident.
- Consider speaking with a car accident lawyer: A lawyer can review your situation, help preserve evidence, and explain your options moving forward.
Common Injuries After a Car Accident
Car accidents can place stress on the body. Adrenaline often masks pain in the moments following an accident, which is why some injuries don't reveal themselves until hours or even days later.
- Neck and Back Strain (Whiplash): You might just feel a little stiff at first, but untreated whiplash can lead to chronic headaches and limited mobility that interrupts your work and sleep.
- Invisible Head Injuries: Concussions and traumatic brain injuries (TBI) are particularly deceptive. If you feel "foggy," unusually tired, or irritable after a crash, your brain may have suffered an injury that needs immediate professional attention.
- The Weight of Mobility Injuries: Broken bones and spinal damage do more than cause pain. They take away your independence. Whether it’s a fractured hip or a herniated disc, these injuries often require long-term physical therapy to help you get back to the life you lived before the accident.
- Internal Concerns: Some of the most serious injuries are the ones you cannot see. Internal bleeding or organ damage can be life-threatening if not caught early by an ER physician.
It is important to seek medical care after any accident because proper documentation can help track your condition and support your claim.
What Compensation Can You Recover?
After a car accident, compensation is meant to help cover the financial and personal impact of your injuries. Compensation is generally divided into two categories:
Economic Damages
- Medical Expenses: This includes everything from the initial ambulance ride and ER visit to future surgeries, physical therapy, and prescription medications.
- Lost Wages: If your injuries keep you from working, you may seek compensation for the income you lost. This also includes "loss of earning capacity" if you can no longer perform the same job as before the crash.
- Property Damage: The cost to repair or replace your car and any personal items damaged in the wreck.
- Other related expenses: This may include costs not directly tied to medical treatment, such as transportation to appointments, hiring help for daily tasks, or other out-of-pocket needs during recovery.
Non-Economic Damages
- Pain and Suffering: This refers to compensation for the physical pain caused by your injuries.
- Mental Anguish: This includes compensation for emotional distress, such as anxiety, stress, or post-traumatic effects following the accident.
- Disfigurement and Physical Impairment: This refers to compensation if the accident resulted in permanent physical changes or limitations.
- Loss of Enjoyment of Life: This includes the impact your injuries may have on your ability to participate in daily activities, hobbies, or routines you once enjoyed.
What to Expect When Dealing With Insurance Companies After a Car Accident
After a car accident, you may be contacted by an insurance adjuster within a few days. Their role is to review the details of the accident, assess the claim, and determine what the insurance company may pay.
Understanding what to expect can help you feel more prepared and avoid common mistakes during the process. Here are some common situations you may encounter:
- Requests for a recorded statement: You may be asked to give a recorded statement about the accident. It is important to be clear and stick to the facts, as your statements may be reviewed later.
- Early settlement offers: In some cases, you may receive an offer shortly after the accident. These early offers may not reflect the full impact of your injuries, especially if treatment is still ongoing.
- Requests for medical records: The insurance company may ask for access to your medical records to review your injuries. Make sure you understand what information is being requested.
- Questions about the accident: You may be asked to describe what happened. Provide accurate information, but avoid guessing or making assumptions about fault.
- Ongoing communication: You may have regular contact with an adjuster during the process. Keeping records of emails, letters, and phone calls can help you stay organized.
Taking time to understand each step can help you make informed decisions and avoid problems during your claim
Understanding Modified Comparative Negligence in Texas
Texas follows a rule called modified comparative negligence, also known as proportionate responsibility. This rule looks at how fault is shared between everyone involved in a car accident.
You may still recover compensation if you were partly at fault, as long as your share of responsibility is not greater than 50%. Your recovery will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for the accident, your compensation may be reduced by 20%. If your total losses are $10,000, you may be able to recover $8,000 If you are found to be more than 50% responsible, you may not recover compensation.
Fault is often based on evidence such as accident reports, photos, witness statements, and other records. Because of this, having clear documentation can help support your claim and show what happened.
Understanding how fault is determined can help you make informed decisions about your next steps after an accident.
How Long Do You Have to File a Car Accident Claim in Texas?
If you've been in a car accident in Texas, there's a strict statute of limitations for filing a claim. According to Texas Civil Practice and Remedies Code Section 16.003, you typically have two years from the accident date to file a lawsuit. Miss that window, and you may lose your chance to recover compensation.
There are exceptions that exist in rare cases, like if the at-fault driver was a government employee, but most claims have a two-year rule.
Two years might sound generous, but don't wait. Evidence vanishes fast, skid marks wash away in the rain, witnesses move on with their lives, and security camera footage often gets wiped after just a few days. Getting started right away helps protect the proof you need to file your claim and keeps your options open.
Contact Bailey & Galyen About Your Car Accident Case
When you or a loved one has suffered needless injury in an auto accident because of someone else's negligence, you may benefit from speaking with a lawyer about your situation. The proven personal injury attorneys at Bailey & Galyen offer a free initial consultation. We handle all car accident injury claims on a contingent-fee basis.
To schedule an appointment, contact us today. Hablamos español en nuestra oficina.
Schedule A Free AppointmentWe offer proven counsel in auto accident claims across Texas, including Arlington, Bedford, Burleson, Carrollton, Dallas, El Paso, Fort Worth, Houston, San Antonio, Lubbock, Mansfield, Mesquite, Midland/Odessa, Plano, Sugar Land, Texarkana, and Weatherford.
Frequently Asked Questions About Texas Car Accident Claims
You may still have options through your own uninsured motorist coverage, if included in your policy. This type of coverage can help pay for injuries and damages when the at-fault driver is not insured.
The timeline for a car accident claim in Texas really depends on injury severity, ongoing treatment, and how smoothly insurance negotiations go. Minor cases often resolve in just a few months, but disputes over liability or damages can drag them out much longer.
No, not every car accident claim ends up in court. Most settle through direct negotiations with insurers. That said, if you can't agree on a settlement, filing a lawsuit becomes necessary to protect your rights and move the case forward effectively.
Gathering documentation right after a car accident is crucial because it clearly shows what happened and proves the impact on your life. Photos of the scene, medical records, witness notes, and bills all help support your claim and help explain your situation to insurers.
Rushing into a quick settlement after a car accident can be risky since it might not cover your full injuries or future needs. Once you accept, you're usually barred from seeking more compensation later, even if your condition worsens or treatment costs rise unexpectedly.
Strong evidence like photos of the crash scene and vehicles, detailed medical records, witness statements, official police reports, and repair estimates are important. Together, they paint a complete picture of how the accident occurred and support the value of your claim.
You might get a call from the other driver's insurance company soon after the accident, but it's important to be careful. Avoid giving any statements you're unsure about until you've consulted someone who understands your full situation and rights completely.