What To Do If Someone Sues You For A Car Accident In Texas?

If someone sues you for a car accident in Texas, immediately notify your insurance company, do not ignore the lawsuit, preserve all evidence, avoid discussing the case publicly, and consider hiring an experienced attorney to protect your rights and financial interests.

Getting sued for a car accident can feel overwhelming. In 2023 alone, 4,283 people lost their lives in traffic crashes across Texas, and thousands more accidents resulted in legal action. The average car accident settlement in Texas is approximately $22,000, though settlements can range from as low as $142,500 to over $4.5 million depending on the severity of injuries and circumstances.

Understanding what to do when you’re sued isn’t just about protecting your assets—it’s about navigating one of the most stressful situations you might face. This guide walks you through every step, from the moment you receive that lawsuit to protecting yourself throughout the legal process.

Understanding Car Accident Lawsuits in Texas

Texas operates under the Motor Vehicle Safety Responsibility Act (Texas Transportation Code Chapter 601), which requires all Texas drivers to carry minimum liability insurance of $30,000 per person for bodily injury, $60,000 per accident for bodily injury (total for all people), and $25,000 per accident for property damage.

Texas is an at-fault state for automobile accidents, meaning the driver responsible for causing the accident is financially liable for damages. Because Texas is not a “direct action” state, a driver who blames you for an accident must sue you directly instead of suing your liability insurance company—similar to how discrimination cases must be filed against individuals or entities rather than insurers.

Why You Might Be Sued

Someone can sue you for a car accident in Texas under Texas Civil Practice and Remedies Code Chapter 72 when they believe you were at fault and caused their injuries or property damage. Common grounds include:

Negligent driving or failure to follow traffic laws
Distracted driving or texting while driving (violations of Texas Transportation Code § 545.4251)
Driving under the influence (Texas Penal Code § 49.04)
Failure to yield right of way
Speeding or reckless driving
Running red lights or stop signs

If you are in an accident and the other driver thinks you are liable, that driver can file an insurance claim with your provider or file a lawsuit against you. They might pursue a lawsuit if the insurance settlement offer seems inadequate or if they believe they can recover more through litigation—much like how parties in business contract disputes pursue court action when negotiations fail.

Immediate Steps When You’re Served with a Car Accident Lawsuit

1. Don’t Panic, But Don’t Ignore It

The first thing most people feel when served with a lawsuit is panic. That’s completely normal. But the worst thing you can do is ignore the lawsuit.

Under Texas Rules of Civil Procedure Rule 99, you typically have just 20 days (plus the following Monday if the 20th day falls on a weekend) to respond to a lawsuit after being served. Missing this deadline can result in a default judgment against you—meaning you automatically lose without having a chance to defend yourself.

2. Read the Lawsuit Carefully

The legal document you received (called a “petition” in Texas under Texas Rules of Civil Procedure) contains critical information:

The plaintiff’s identity (who’s suing you)
The specific allegations against you
The damages they’re claiming
The court where the case was filed
Your deadline to respond

Take time to understand what you’re being accused of and what the plaintiff is requesting. This information will be essential for your defense strategy, just as understanding specifics is crucial in family law matters.

What to Do If Someone Sues You for a Car Accident in Texas? Complete Legal Guide

3. Contact Your Insurance Company Immediately

When you know you’ve been sued, notify your car insurance company as soon as possible—ideally within 24 hours. Under Texas Insurance Code § 541.060, insurance companies have a duty to act in good faith, and most policies require prompt notification of any lawsuit.

Your insurance policy likely includes liability coverage that will:

Provide you with legal representation
Pay for your defense costs
Cover settlements or judgments up to your policy limits

Contact your insurance agent or the claims department directly. Provide them with:

A copy of the lawsuit papers
Your policy number
Details about the accident
Any documentation you have

4. Preserve All Evidence

Evidence preservation is critical for your defense under Texas Rules of Evidence. Gather and protect:

Physical Evidence:

Photos of the accident scene
Vehicle damage photos
Weather and road condition documentation
Debris patterns or skid marks

Documentation Required Under Texas Transportation Code § 550.026:

Police accident reports
Medical records (yours and passengers)
Witness statements and contact information
Insurance correspondence
Repair estimates and receipts
Cell phone records (to disprove distracted driving claims)

Digital Evidence:

Dashcam footage
Surveillance camera footage from nearby businesses
GPS or navigation data
Traffic camera footage (request immediately—it’s often deleted quickly)

Create both digital and physical backups of everything. Evidence can deteriorate, get lost, or become unavailable over time.

5. Document Your Side of the Story

While the accident is fresh in your mind, write down everything you remember. This contemporaneous account carries significant weight under Texas evidentiary standards:

What you were doing before the accident
The exact sequence of events
Weather and traffic conditions
What you saw, heard, and felt
What the other driver said at the scene
Any witnesses present
Your actions immediately after impact

Be detailed and factual. Don’t embellish or downplay anything. This personal account can help your attorney understand the case and identify key defense points.

What NOT to Do When Sued for a Car Accident

Don’t Talk About the Case

One of the biggest mistakes people make is discussing their case. Under Texas Rules of Evidence, your statements can be admitted against you as party admissions. Avoid:

Social Media Posts: Anything you post can be used against you in court. Even seemingly innocent posts about your activities can undermine injury claims or suggest negligence. Courts have ruled that social media content is discoverable evidence under Texas Rules of Civil Procedure Rule 196.4.

Conversations with the Plaintiff: Don’t try to settle directly or discuss the accident with the other party. Direct all communication through attorneys, similar to how employment disputes should be handled professionally through legal representatives.

Speaking to Insurance Adjusters: Only speak with your own insurance company. The plaintiff’s insurance adjuster is not your friend—their job is to minimize their company’s payout.

Admissions of Fault: Even apologetic statements like “I’m sorry” can be interpreted as admissions of liability under Texas law. Stick to facts when required to speak.

Don’t Accept or Reject Settlement Offers Without Legal Advice

If the plaintiff or their attorney approaches you with a settlement offer, don’t respond immediately. Every settlement has implications for:

Your insurance rates
Your driving record
Potential future claims
Your financial liability

Consult with your attorney before responding to any offer, just as you would when dealing with contract negotiations.

Don’t Destroy Evidence

Under Texas Civil Practice and Remedies Code § 37.001, never throw away, delete, or alter any evidence related to the accident. This includes:

Damaged vehicle parts
Clothing worn during the accident
Electronic data
Documents or photos

Destroying evidence can result in spoliation sanctions under Texas law, including adverse jury instructions, monetary penalties, and even dismissal of your defenses.

Understanding the Texas Legal Process

Filing a Response

Your attorney will file an “Answer” to the lawsuit within the deadline under Texas Rules of Civil Procedure Rule 83. This document:

Responds to each allegation in the plaintiff’s petition
Raises any affirmative defenses under Texas law
May include counterclaims if appropriate

Missing this deadline results in a default judgment under TRCP Rule 239, meaning the plaintiff wins automatically without you having a chance to defend yourself.

Discovery Phase

Discovery is the investigation phase governed by Texas Rules of Civil Procedure Rules 190-215 where both sides gather evidence. This can include:

Interrogatories (TRCP Rule 197): Written questions you must answer under oath about the accident, your driving history, and related matters.

Requests for Production (TRCP Rule 196): Demands for documents like medical records, repair bills, phone records, and insurance policies.

Depositions (TRCP Rule 199): In-person questioning under oath where attorneys from both sides ask you questions. Everything you say is recorded and can be used at trial.

Requests for Admission (TRCP Rule 198): Statements you must admit or deny, which can narrow the issues for trial.

Be honest and accurate during discovery. Under Texas Penal Code § 37.02, lying under oath constitutes perjury, which can destroy your credibility and result in criminal charges.

Mediation and Settlement Negotiations

Most car accident lawsuits never reach trial. Under Texas Civil Practice and Remedies Code Chapter 154, courts often require alternative dispute resolution, including mediation. Texas law strongly favors settlement through mediation, where a neutral third party helps both sides negotiate a resolution.

Benefits of mediation include:

Lower costs than trial
Faster resolution
More control over the outcome
Privacy (settlement terms can remain confidential)
Preservation of relationships

Your attorney will advise whether a settlement offer is fair based on:

The strength of your defense
Potential verdict amounts
Litigation costs
Your insurance coverage limits

Trial

If settlement negotiations fail, the case proceeds to trial under Texas Rules of Civil Procedure. In Texas, car accident cases can be tried before a judge alone (bench trial) or a jury (typically 6 or 12 people) as provided under Texas Constitution Article V, Section 10.

Trials involve:

Jury Selection (Voir Dire): Choosing jurors who can be fair and impartial
Opening Statements: Each side previews their case
Presentation of Evidence: Witnesses testify, documents are admitted under Texas Rules of Evidence
Expert Testimony: Accident reconstructionists, medical experts, economists
Closing Arguments: Attorneys summarize the evidence
Jury Deliberation: The jury decides liability and damages
Verdict: The court enters judgment based on the jury’s decision

Texas-Specific Legal Considerations

Modified Comparative Negligence Rule (Texas Civil Practice and Remedies Code § 33.001)

Texas follows a modified comparative negligence rule under Section 33.001 of the Texas Civil Practice and Remedies Code, where more than one driver can be liable for an accident. Under this statute:

You can be found partially at fault and the plaintiff can still recover damages
If you’re 50% or less at fault, the plaintiff can recover reduced damages
If you’re 51% or more at fault, the plaintiff cannot recover anything from you if you file a counterclaim
Damages are reduced by the plaintiff’s percentage of fault

Example Under § 33.001: If you’re found 30% at fault and damages total $100,000, the plaintiff can only recover $70,000 (reduced by 30%).

This rule creates opportunities for strong defense strategies that focus on the plaintiff’s contributory negligence—showing they violated traffic laws, were distracted, or failed to take reasonable precautions.

Statute of Limitations (Texas Civil Practice and Remedies Code § 16.003)

Under Texas Civil Practice and Remedies Code § 16.003, plaintiffs generally have two years from the date of the accident to file a personal injury lawsuit. However, there are important exceptions:

Claims against government entities under Texas Civil Practice and Remedies Code Chapter 101 have much shorter deadlines (often 6 months notice requirement)
Cases involving minors under § 16.001 may have extended deadlines (tolled until age 18)
Discovery rule exceptions may extend the timeline in rare cases

If the plaintiff files after the two-year deadline without an applicable exception, you can move to dismiss the case under § 16.003.

Insurance Requirements Under the Motor Vehicle Safety Responsibility Act

Texas Transportation Code Chapter 601 requires minimum liability insurance of:

$30,000 per person for bodily injury
$60,000 per accident for bodily injury (total for all people)
$25,000 per accident for property damage

If damages exceed your policy limits, you could be personally liable for the excess amount under Texas law. This is where asset protection strategies become crucial—similar to how individuals facing debt collection need to understand their liability exposure.

Protecting Your Personal Assets

Understanding Your Exposure

If you’re found liable and damages exceed your insurance coverage, the plaintiff can pursue your personal assets to satisfy the judgment under Texas Property Code provisions. This can include:

Bank accounts
Real estate (with homestead exemption limitations)
Investment accounts
Future wages (through garnishment under Texas Civil Practice and Remedies Code § 63.001)
Personal property

However, Texas law provides some of the strongest asset protections in the nation:

Homestead Exemption (Texas Property Code § 41.001): Your primary residence is generally protected from judgment creditors (except for specific debts like mortgages, property taxes, home equity loans, and mechanic’s liens). Texas has one of the most generous homestead exemptions in the country.

Personal Property Exemptions (Texas Property Code § 42.001): Certain personal property is exempt from seizure, including:

Up to $50,000 for a family ($25,000 for single person) in personal property
Necessary clothing and food
Home furnishings
Tools of trade (vehicles used for work)
Retirement accounts (protected under Texas Property Code § 42.0021)

These protections ensure that even if you face a judgment, your basic living needs remain protected under Texas law.

Additional Insurance Coverage

Consider these options for added protection under the Texas Insurance Code:

Umbrella Policy: Provides additional liability coverage above your auto policy limits, typically starting at $1 million. This supplemental coverage can protect you from catastrophic claims.

Asset Protection Strategies:

Maintaining higher liability limits (recommended: $250,000/$500,000 minimum)
Proper titling of assets
Estate planning considerations under Texas Estates Code

Consult with both your attorney and a financial advisor about protecting assets while remaining legally compliant with Texas law.

Working with Your Attorney

When to Hire Your Own Lawyer

Your insurance company will provide an attorney to defend you under their duty to defend in the policy. However, you might want your own lawyer—similar to hiring specialized counsel for probate matters—if:

Damages could exceed your policy limits (creating personal exposure)
There’s a conflict of interest between you and your insurance company
The insurance company denies coverage under Texas Insurance Code § 554.002
You have substantial personal assets at risk
The case involves complex liability issues under Texas Transportation Code

Your personal attorney focuses solely on your interests, not the insurance company’s bottom line. Under Texas Disciplinary Rules of Professional Conduct Rule 1.06, your attorney owes you undivided loyalty.

What to Expect from Your Legal Team

A good attorney will:

Investigate the accident thoroughly under Texas discovery rules
Interview witnesses and obtain sworn statements
Hire expert witnesses (accident reconstructionists certified by ACTAR, medical experts, vocational economists)
Handle all communication with the plaintiff under TRCP requirements
Negotiate settlements on your behalf
Represent you at trial if necessary under Texas Rules of Civil Procedure
Keep you informed throughout the process under ethical obligations

Questions to Ask Your Attorney

Stay informed by asking:

What’s the likely outcome of my case under Texas law?
What’s the timeline for resolution under TRCP requirements?
What are the strengths and weaknesses of my defense under § 33.001?
Should I consider settlement given the comparative negligence analysis?
What’s the worst-case scenario for personal liability?
What will this cost me out of pocket?
How can I help strengthen my defense under Texas evidentiary standards?

Common Defense Strategies in Texas Car Accident Cases

Challenging Liability Under Texas Law

Your attorney might argue under Texas Civil Practice and Remedies Code Chapter 33:

You weren’t negligent in your driving under Texas Transportation Code standards
The plaintiff contributed to or caused the accident (comparative negligence under § 33.001)
The plaintiff violated traffic laws under Texas Transportation Code
Weather or road conditions were the primary cause (sudden emergency doctrine)
A mechanical failure caused the accident (product liability under Texas Civil Practice and Remedies Code Chapter 82)
Another driver or third party shares responsibility (joint and several liability under § 33.013)

Disputing Damages Under Texas Damages Law

Even if some liability exists, you can challenge damages under Texas Civil Practice and Remedies Code Chapter 41:

Whether the plaintiff’s injuries were caused by the accident (causation requirement)
The severity of claimed injuries (medical records analysis)
The reasonableness of medical treatment (necessity under Texas Insurance Code)
The necessity of future medical care (expert testimony requirements)
Lost wage calculations (economic damages under § 41.001)
Pain and suffering valuations (subjective damages limitations)

Procedural Defenses Under Texas Rules

Technical legal defenses can sometimes dismiss cases under Texas procedural law:

Statute of limitations has expired under § 16.003
Plaintiff lacks proper documentation under TRCP requirements
Service of process was improper under TRCP Rule 106
Jurisdiction issues under Texas Civil Practice and Remedies Code Chapter 17

Financial Impact and Insurance Implications

How a Lawsuit Affects Your Insurance

Being sued for a car accident will likely impact your insurance under Texas Insurance Code regulations:

Rate Increases: Even if you’re not found liable, your premiums may increase. The amount depends on:

Your insurance company’s underwriting policies
Your driving history
The severity of the accident
Whether you were cited for violations under Texas Transportation Code

Policy Non-Renewal: Some insurers may choose not to renew your policy after a lawsuit under Texas Insurance Code § 551.106, especially if:

This isn’t your first accident
The claim is substantial
You were cited for serious violations

Coverage Denial: Insurance companies may deny coverage under Texas Insurance Code § 554.002 if:

You violated policy terms (like DUI exclusions under Texas Penal Code § 49.04)
You failed to report the accident timely under policy requirements
You were using your vehicle for excluded purposes (like rideshare without proper commercial coverage)

Out-of-Pocket Costs

Even with insurance, you might face expenses:

Deductibles for your own vehicle repairs
Policy limits exceeded by judgment (personal liability exposure)
Personal attorney fees if hiring your own lawyer (typical hourly rates: $200-$500)
Increased insurance premiums (can increase 20-40% after at-fault accidents)
Potential loss of good driver discounts

Real Case Example: Understanding the Stakes

A Houston driver was sued after rear-ending another vehicle at a red light in 2023 (Harris County District Court). The plaintiff claimed $85,000 in damages, including medical bills, lost wages under Texas Civil Practice and Remedies Code economic damages provisions, and pain and suffering.

The defendant had only the minimum $30,000 liability coverage required under Texas Transportation Code Chapter 601. The defense strategy focused on showing the plaintiff’s injuries pre-existed the accident and that treatment was excessive under Texas medical necessity standards.

Through court-ordered mediation under Texas Civil Practice and Remedies Code § 154.021, the case settled for $42,000. The insurance company paid its $30,000 policy limit, and the defendant negotiated a payment plan for the remaining $12,000 to avoid wage garnishment under Texas Civil Practice and Remedies Code § 63.001.

This case illustrates why:

Minimum coverage often isn’t enough to protect assets
Early legal representation matters for comparative negligence analysis
Settlement through mediation can save substantial time and money
Having a defense strategy for damages under Texas law is crucial
Understanding § 33.001 proportionate responsibility is essential

Moving Forward: Protecting Yourself Long-Term

Review Your Insurance Coverage

After experiencing a lawsuit, reassess your coverage under Texas Insurance Code requirements—similar to reviewing coverage after property incidents:

Increase liability limits to at least $100,000/$300,000 (recommended: $250,000/$500,000)
Consider umbrella policy for additional $1-5 million protection
Review all policy exclusions and conditions under your specific policy
Ensure you understand your coverage obligations and reporting requirements

Improve Driving Habits

Prevent future legal issues by:

Eliminating distracted driving (Texas Transportation Code § 545.4251 prohibits texting)
Following all traffic laws under Texas Transportation Code carefully
Maintaining your vehicle properly under safety inspection requirements
Taking defensive driving courses (can reduce insurance premiums and dismiss tickets)
Installing a dashcam for evidence protection (admissible under Texas Rules of Evidence)

Document Everything

Make documentation a habit:

Keep digital copies of all insurance documents
Photograph accident scenes immediately under Texas Transportation Code § 550.062 requirements
Collect witness information at the scene
Report all accidents to police under § 550.026, even minor ones
Maintain records of vehicle maintenance and repairs

Frequently Asked Questions

How long do I have to respond to a car accident lawsuit in Texas?

Under Texas Rules of Civil Procedure Rule 99, you typically have 20 days (plus the following Monday if the 20th day falls on a weekend) from the date you were served to file an answer with the court. Missing this deadline can result in a default judgment against you under TRCP Rule 239.

Will my insurance company provide me with a lawyer?

Yes, if you have liability coverage and the accident is covered under your policy. Under Texas Insurance Code, your insurance company has a duty to defend you against lawsuits arising from covered accidents. However, if damages might exceed your policy limits, consider hiring your own attorney under Texas Disciplinary Rules of Professional Conduct to protect your personal interests.

Can I be personally liable beyond my insurance coverage?

Yes, under Texas law. If a judgment exceeds your insurance policy limits under Texas Transportation Code Chapter 601 requirements, you are personally responsible for the excess amount. Plaintiffs can pursue your personal assets under Texas Property Code, including bank accounts, wages (subject to garnishment limits under Texas Civil Practice and Remedies Code § 63.001), and property (subject to homestead and personal property exemptions under Texas Property Code §§ 41.001 and 42.001).

What happens if I can’t afford to pay a judgment against me?

If you cannot pay a judgment, the plaintiff may under Texas law:

Garnish your wages up to 25% under Texas Civil Practice and Remedies Code § 63.001 (with certain exemptions for low-income earners)
Place liens on non-exempt property
Seize non-exempt bank accounts through writ of execution
Force sale of non-exempt assets

However, Texas provides strong homestead and personal property exemptions under Texas Property Code. Consult an attorney about asset protection options under Texas law and possible bankruptcy under federal bankruptcy code if the judgment is overwhelming.

Should I talk to the other driver’s insurance company?

No. You should only communicate with your own insurance company. Under Texas Insurance Code, the other driver’s insurance company represents their interests, not yours. Anything you say can be used to minimize their liability or increase yours under Texas evidentiary rules. Direct all communication through your attorney under Texas Disciplinary Rules of Professional Conduct.

Can I settle the lawsuit without going to court?

Yes, and most car accident lawsuits settle before trial under Texas Civil Practice and Remedies Code Chapter 154 mediation provisions. Settlement negotiations can occur at any time during the legal process, including during court-ordered mediation. Settlement offers should always be reviewed by your attorney before acceptance to ensure they’re fair under Texas law and protect your interests.

What is the statute of limitations for car accident lawsuits in Texas?

Under Texas Civil Practice and Remedies Code § 16.003, plaintiffs generally have two years from the date of the accident to file a personal injury lawsuit in Texas. However, this can vary if the defendant is a government entity under Chapter 101 (often 6 months notice requirement) or in other special circumstances like cases involving minors under § 16.001 (tolled until age 18).

How long does a car accident lawsuit typically take in Texas?

Most cases settle within 6-18 months under Texas court procedures. Cases that go to trial can take 2-3 years or longer under Texas Rules of Civil Procedure, depending on:

Court dockets and scheduling under local court rules
Complexity of the case and number of expert witnesses
Number of parties involved and third-party defendants
Discovery disputes under TRCP Rules 190-215
Expert witness availability and report deadlines

What if I wasn’t actually at fault for the accident?

Even if you believe you weren’t at fault, you still need to respond to the lawsuit under Texas Rules of Civil Procedure and present your defense. Your attorney will investigate the accident under TRCP discovery rules, gather evidence under Texas Rules of Evidence, and build a case demonstrating the plaintiff was actually responsible or shares fault under Texas Civil Practice and Remedies Code § 33.001 comparative negligence rules.

Will this lawsuit appear on my driving record?

The lawsuit itself doesn’t appear on your Texas Department of Public Safety driving record under Texas Transportation Code, but any traffic citations issued at the time of the accident will appear on your record. However, a judgment or settlement could be reported to credit agencies and may be discoverable in future insurance applications under Texas Insurance Code disclosure requirements.

Can I countersue the person who sued me?

Yes, under Texas Rules of Civil Procedure Rule 97. If you suffered damages from the accident and believe the other driver was at fault under Texas Transportation Code and common law negligence principles, you can file a counterclaim within your answer to the lawsuit. Your attorney can advise whether a counterclaim is strategic in your case under § 33.001 comparative negligence analysis.

What if my insurance company denies coverage?

If your insurance company denies coverage, they should provide a written explanation under Texas Insurance Code § 542.055. You have the right to:

Challenge the denial with the insurance company under policy appeal procedures
File a complaint with the Texas Department of Insurance (1-800-252-3439)
Hire your own attorney to sue the insurance company for bad faith under Texas Insurance Code Chapter 541
Seek coverage under other policies you may have (homeowners, umbrella)

How do I prove the other driver was partially at fault under Texas law?

Evidence that can show comparative fault under Texas Civil Practice and Remedies Code § 33.001 includes:

Police reports noting traffic violations by the plaintiff under Texas Transportation Code
Witness testimony about the plaintiff’s driving behavior
Photos showing plaintiff’s vehicle position or damage patterns suggesting fault
Traffic camera or dashcam footage (admissible under Texas Rules of Evidence)
Expert accident reconstruction under TRCP expert witness rules
Evidence of plaintiff’s distraction, speeding, or intoxication under applicable statutes

Additional Texas Legal Resources

Texas Department of Insurance

Website: tdi.texas.gov
Consumer Helpline: 1-800-252-3439
File complaints about insurance companies under Texas Insurance Code
Verify insurance coverage and company licensing

State Bar of Texas

Website: texasbar.com
Lawyer referral service under State Bar programs
Attorney credentials verification and disciplinary records

Texas Department of Transportation

Crash records and statistics under Texas Transportation Code § 550.065
Traffic safety information and violation codes

Texas Courts Online

Access court records under Texas Government Code Chapter 51
Find court locations and contact information
Electronic filing systems for represented parties

Texas Access to Justice Foundation

Free legal aid resources for qualifying individuals
Pro bono attorney connections

Conclusion: Taking Control of Your Legal Defense

Being sued for a car accident in Texas under Texas Civil Practice and Remedies Code is undeniably stressful, but you’re not powerless under Texas law. By taking immediate action under Texas Rules of Civil Procedure, preserving evidence under Texas Rules of Evidence, working with your insurance company under Texas Insurance Code requirements, and engaging experienced legal counsel under Texas Disciplinary Rules of Professional Conduct, you can effectively defend yourself and protect your interests.

Remember these key takeaways:

Act immediately when served with a lawsuit—deadlines under TRCP Rule 99 matter
Notify your insurance company within 24 hours as required by your policy
Preserve all evidence under Texas Rules of Evidence requirements
Don’t discuss the case on social media or with anyone except your attorney (party admission risks)
Understand Texas Civil Practice and Remedies Code § 33.001 comparative negligence—partial fault doesn’t mean total liability
Consider your coverage limits under Texas Transportation Code Chapter 601 and potential personal exposure
Work closely with your attorney and stay informed throughout the process under Texas legal procedures

Most car accident lawsuits settle before trial under Texas Civil Practice and Remedies Code Chapter 154 mediation provisions, often for amounts within insurance policy limits. With proper legal representation and a strategic defense under Texas law, you can navigate this challenging situation and move forward with your life.

The Texas legal system can be complex and intimidating, but knowledge of your rights under Texas statutes is your greatest asset. Understanding your rights under Texas Property Code asset exemptions, obligations under Texas Transportation Code, and the legal process under Texas Rules of Civil Procedure empowers you to make informed decisions and achieve the best possible outcome in your case.

For related legal concerns, our comprehensive guides on Texas divorce law, criminal defense strategies, and employment law matters provide similar in-depth legal analysis to protect your rights.

Disclaimer: This article provides general information about car accident lawsuits in Texas and applicable Texas statutes and should not be considered legal advice. Every case is unique, and outcomes depend on specific facts and circumstances under Texas law. For advice about your particular situation, consult with a qualified Texas attorney experienced in car accident defense licensed by the State Bar of Texas.

Last Updated: October 2025 | Legal Information Current as of Texas 88th Legislative Session

About the Author

Sarah Klein, JD, is a former civil litigation attorney with over a decade of experience in contract disputes, small claims, and neighbor conflicts. At All About Lawyer, she writes clear, practical guides to help people understand their civil legal rights and confidently handle everyday legal issues.
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