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Shaw Cowart Attorneys at Law LLP Austin, TX
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Personal Injury
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Bicycle Accidents
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Your Trusted Austin Truck Accident Lawyer
Thousands of semi-trucks transport consumer goods and other items across the country on a daily basis. The large size and weight of these vehicles create a serious hazard for others that share the road with them. Many trucks weigh upwards of 80,000 pounds, compared to an average weight of 3,000 pounds for a car. This disparity can lead to disastrous consequences in the event of a truck accident. Often, injuries sustained in an 18-wheeler collision can be life-altering and potentially fatal. In the event a loved one has been injured or killed in a truck accident, reach out to our Austin truck accident lawyers at Shaw Cowart Attorneys at Law LLP online or give us a call at 512-842-7085 to fight for your case.

When facing the burdens associated with mounting medical bills and lost wages as you recover, it is important to have an experienced truck accident attorney on your side who can make sure your rights are protected. This is the best way to ensure you and your family stay afloat financially as you deal with this difficult time in your lives.

Meet Ethan Shaw & John Cowart – Your Austin Truck Accident Lawyers
Ethan Shaw & John Cowart at Shaw Cowart Attorneys at Law LLP in Austin TX
Founders Ethan Shaw and John Cowart bring extensive trial experience, having litigated numerous cases nationwide, representing plaintiffs and defendants alike. While they specialize in high-stakes litigation, their distinguishing trait lies in fostering intimate client relationships, a feature often lacking in larger law firms.

Accessing attorneys at Shaw Cowart is simpler compared to larger firms. Litigators here prioritize direct accessibility and responsiveness to your needs. Unlike larger firms, you won’t be delegated to a paralegal, as we understand the importance of staying connected, especially during ongoing legal proceedings. They are committed to keeping you informed as your case evolves and are readily available to address any inquiries you may have. Contact us today to learn more about your Austin truck accident case.

Awards given to Shaw Cowart Attorneys at Law LLP in Austin TX
Shaw Cowart obtained a Judgment of $125,000 for its clients in Larry Babineaux and Kobe Mink vs. Trammel Time Trucking, LLC and Rolando Trammel as a result of an auto collision.

Shaw Cowart recently resolved a case for an injured client involved in an 18-wheeler accident for in excess of $200,000.00.

Austin Truck Accident Resources:

Common Austin Truck Accident Injuries
Different Types Of Truck Accidents
Compensation In An Austin Truck Accident Claim
What Makes Truck Accidents Different
How To Prove Negligence
Complexities Of Truck Accident Cases
Do You Have An Austin Truck Accident Case?
How To File An Austin Truck Accident Claim
Federal Trucking Regulations
Hours of Service Violations and Truck Accidents
Collecting Evidence After A Truck Accident
What To Do After An Austin Truck Accident?
Common Austin Truck Accident Injuries
A fully loaded 18-wheeler can weigh as much as 80,000 pounds. In a collision with an average car weighing 4,000 pounds, the driver and passengers in the smaller vehicle often suffer serious or catastrophic injuries. Injuries in truck accidents include:

Brain injuries
Back and neck injuries
Spinal cord injuries
Broken bones, including limbs, ribs, hips, and pelvis
Burn injuries
Internal injuries
Soft tissue damage including sprains, strains, torn ligaments, and bruises
Lacerations, including disfiguring facial lacerations
The types of injuries commonly suffered in truck accidents require serious medical treatment, surgeries, procedures, physical/occupational therapies, and medications. Some require long-term equipment and home healthcare. These life-altering injuries quickly become costly. Injury victims shouldn’t be left holding the bag when a truck driver, defective truck part, or negligent trucking company causes a devastating truck accident.

Types of Truck Accidents in Austin
The booming freight and transportation industries in Texas provide goods and services for residents and many employment opportunities. However, with large commercial trucks crowding the Texas roadways, accidents involving trucks are increasingly common and make up a disproportionate percentage of fatalities at 13% of nationwide traffic deaths despite comprising only 5% of registered vehicles. Common types of truck accidents in Texas include:

Rollovers: the tall, top-heavy design of unwieldy commercial trucks causes a high center of gravity and a greater propensity for tipping and rolling over during a swerve or tight turn.
Jackknife accidents: unique to large trucks pulling trailers, a jackknife accident occurs when a truck’s skidding trailer swings around on its pivot into a shape like an unfolding jackknife. This can happen due to improper braking when the body of the truck slows down faster than the trailer it’s pulling, or when making too fast a turn.
Fishtailing: When a truck driver makes a sudden swerve and then overcorrects, it may result in the trailer “fishtailing” rapidly back and forth, posing a sideswipe danger to vehicles in parallel lanes. In some cases, a fishtailing trailer ends in a jackknife accident or rollover.
T-Bone collision: Also called a side collision or angle collision, T-Bone accidents occur in intersections when one driver fails to stop at a traffic signal or stop sign and collides with the side of a crossing vehicle with the right of way. When an 18,000-pound commercial truck with far greater height than a passenger car has a T-bone accident with a passenger vehicle, the force of the impact has catastrophic and deadly consequences to the motorists in the smaller car.
Rear-end collisions: Trucks require greater stopping distances due to their immense sizes and weights. If a truck driver is speeding or distracted and fails to stop in time to avoid a collision with a stopped or slowed vehicle in front of them, the rear-end collision can cause grave injuries to those in the front vehicle.
Head-on collisions: these accidents occur when a truck driver veers out of their lane and into oncoming traffic. Truck drivers may leave their lanes due to distraction, falling asleep at the wheel, or intoxication. Tire blowouts also sometimes cause a truck to swerve out of its lane and into a head-on collision.
Wide-turn accidents: Because of the length of their trailers, commercial trucks make wide turns. Sometimes, accidents occur when a trucker veers left to make a wide right turn or veers right to make a wide left turn. Vehicles in parallel lanes may collide with a truck making a wide turn or become lodged under the trailer. Wide turn accidents may cause an approaching car to become trapped between the turning truck and guardrails or to run off the road.
Sideswipe accidents: Trucks have extended blind spots on both sides, but especially on the right. Sideswipe accidents sometimes occur when a truck makes an unsafe lane change, when a vehicle drives parallel to the truck in a blind spot, or when a truck driver fails to check their mirrors before changing lanes.
No matter how a truck accident occurs, the sheer size and weight of commercial trucks puts smaller, more vulnerable vehicles and their occupants at a serious disadvantage.

Some common causes of truck accidents include:

Improperly maintained trucks
Insufficient truck driver training
Aggressive or reckless driving by a truck driver
Unrealistic schedules that require truck drivers to exceed the hours of service limitations established under federal and state laws
Truck driver fatigue
Drug and alcohol use by truck driver while on the road
Unbalanced truck loads
Overloaded trucks
Distracted driving, particularly involving the use of cell phones behind the wheel
Compensation Available In An Austin Truck Accident Claim
Damages in a truck accident are extremely costly. You may have medical bills piling up at the same time that your injuries prevent your return to work at your usual capacity or at all. A successful truck accident claim could maximize the compensation for damages such as:

Medical expenses and future medical costs related to the truck accident injuries
Lost income
Diminished earning capacity if you’ve been left disabled from the accident
Pain and suffering
Non-economic damages that might apply in your case, like loss of limb, disfigurement, PTSD, and loss of pleasure in life
Wrongful death
Compensation in truck accident claims includes economic compensation for tangible expenses and non-economic damages for intangible damages like pain suffering and disfigurement. While monetary compensation may not erase the injury, it can open doors to the best medical care and relieve financial burdens on the family while you undergo medical procedures and recover from your injuries.

What Makes Truck Accidents Different From Other Car Accidents?
The average fully-loaded commercial truck weighs around 18,000 pounds while standard private vehicles weigh an average of 4,000 pounds. Trucks have higher heights and greater lengths compared to passenger cars as well. The occupants of a smaller car are at a significant disadvantage in an accident, while the truck drivers are far less vulnerable to injuries. For this reason, truck drivers are held to different standards compared to other drivers. Regulations limit their driving hours, and many states have lower legal limits for blood alcohol levels and additional consequences for drunk truck drivers, including the loss of their commercial driver’s license.

Truck accidents also present legal challenges to injury victims because multiple entities could bear liability in the accident, depending on whether the driver is a direct employee of a trucking company or independent contractor. Other factors include what may have caused or contributed to the accident such as a defective truck tire, a lax truck maintenance company, or a freight-loading company that failed to properly balance the trailer’s load.

It often takes a diligent investigation into the truck accident to identify the liable party and document evidence of liability.

How to Prove Negligence in an Austin Truck Accident Case
No one should take on a truck accident claim alone. Not only do trucking companies have powerful insurance companies and attorneys, but truck accidents require thorough investigations to prove negligence. An investigation could include the following:

Viewing photos of the accident scene after the accident
Reviewing dash cam video or traffic camera footage of the accident
Collecting information from the truck’s “black box”
Interviewing eyewitnesses to the accident
Consulting with accident reconstruction experts
Conducting forensic analysis of the truck to determine if defective parts or a lack of routine maintenance contributed to the accident
A skilled attorney conducts a complete investigation and carefully documents the evidence of negligence, to prove liability on the part of the at-fault party in the accident so injury victims have the most compelling case possible for compensation for their damages.

Truck Accidents in Austin Are A Complex Area of Law
Truck accident cases are often much more complicated than other types of motor vehicle accident claims. Numerous state and federal trucking regulations govern the operation of large commercial trucks, and these laws will significantly impact your claim. It’s important to work with a truck accident lawyer who has intimate knowledge of all state and federal laws that apply to your case.

Proving liability in a truck accident claim is also much more complicated than in a car accident case. If you have been in a car accident, call our Austin car accident lawyers today. Many parties may potentially be liable for your injuries, including the following:

Truck driver
Trucking company
Truck manufacturer
The driver of a third vehicle that caused the collision
If a truck accident caused you serious injuries, reach out to our personal injury attorneys in Austin today.

In some cases, more than one of these parties may be liable for your injuries. Your attorney must be able to determine the appropriate parties to hold accountable in your truck accident claim. With decades of experience handling these complex cases, the truck accident lawyers at Shaw Cowart Attorneys at Law LLP have the background necessary to help you hold all negligent parties accountable for your damages.

Do You Have A Truck Accident Case In Austin?
If you’ve been injured in an accident involving a commercial truck and were less than 50% at fault for the accident, you can recover compensation for damages. Texas has a modified comparative negligence system for insurance claims that allows injury victims to claim at least a portion of their damages. If you weren’t at all to blame for the accident, your Austin truck accident attorney can investigate the accident and prove liability so you can claim full compensation for your damages. You have a valid truck accident claim even if you shared a percentage of the fault for the accident.

Determining liability in a truck accident requires demonstrating the following:

That the truck driver, trucking company, or truck manufacturer owed a duty of care to take reasonable measures to prevent injuries to others
That the at-fault party breached this duty of care by acting negligently or recklessly
That the negligent breach of duty directly caused your injury
That you’ve suffered significant damages due to the injury
In a comparative negligence state like Texas, if you’re found to be 25% at fault for an accident and your damages amount to $100,000, you can still recover $75,000. In some cases, powerful trucking companies and their insurance providers attempt to use the comparative negligence system against accident victims by assigning them a greater portion of the blame in order to minimize a payout on their claims. An experienced truck accident attorney in Texas knows how to effectively counteract these tactics with evidence to maximize your recovery.

How To File An Austin Truck Accident Case
The modified comparative fault system for accident claims in Texas can be difficult to navigate successfully, especially against powerful trucking companies and their profit-prioritizing insurance companies. The first step in filing a successful claim is to seek experienced legal representation with an Austin truck accident attorney. Your attorney will do the following:

Investigate the accident and gather evidence to prove liability
Calculate your damages including an amount for pain and suffering
Draft a compelling, evidence-based demand letter and send a demand package to the appropriate insurance company
Negotiate from a position of strength with the insurance company to secure an ample settlement
File a lawsuit in court within the state’s statute of limitations if the insurance company fails to offer an acceptable settlement amount
Argue aggressively in court to defend your rights and best interests to maximize your chances of a successful verdict and jury award for compensation.
The vast majority of truck accident claims are settled out of court, but your accident attorney from Shaw Cowart LLC is more than ready to represent your interests in court if it becomes necessary. Court cases take longer than a settlement, but jury awards are often higher than an amount from a settlement.

The Importance Of Federal Trucking Regulations
Large 18 wheeler truck crashed head on into a smaller truck
The federal government establishes regulations for the trucking industry to ensure the safety of truck drivers and other motorists on the road. These regulations are established by the Federal Motor Carrier Safety Administration (FMCSA), and they apply to all members of the trucking industry, including trucking companies, truck drivers, and manufacturers of trucks.

Truck drivers are required to:

Be at least 21 years of age and speak fluent English
Possess a valid commercial driver’s license (CDL)
Pass a physical exam every two years
Refrain from using drugs or alcohol while on duty, including any prescription drugs that affect their ability to safely operate a commercial vehicle
Trucking companies must:

Verify drivers’ records and check their references before hiring
Review drivers’ records every year
Conduct regular mechanical inspections and make repairs before allowing a truck to embark on a long trip
Maintain accurate records of all inspections and repairs to vehicles
Additionally, trucks are prohibited from carrying more than 20,000 pounds per axle or exceeding the maximum allowable gross vehicle weight (GVW) of 80,000 pounds.

Hours of Service Violations and Truck Accidents
Truck driver fatigue occurs when too many hours are spent behind the wheel, and it is one of the most common factors associated with truck accidents in Austin. To minimize this risk, the FMCSA has established rules that lay out strict limits on the hours that truck drivers are allowed to work:

Truck drivers may not drive more than 11 hours in a single day
The total duration of a driver’s shift, including time, spent not behind the wheel, may not exceed 14 hours
Truck drivers are required to take at least 10 hours off between shifts
When trucking companies don’t operate their vehicles 7 days a week, truck drivers cannot exceed a maximum of 60 hours on duty during a 7-day time period (60 hour/7-day rule)
When trucking companies operate their vehicles 7 days a week, drivers cannot exceed 70 hours on duty during an 8-day time period (70 hour/8-day rule)
Truck drivers must maintain an accurate log of time spent on duty and behind the wheel
When a driver is drowsy from exceeding the maximum allowable hours on the road or failing to obtain the minimum number of required rest hours, he or she is more likely to fall asleep at the wheel, drift into the next lane, cross over the center line or collide with another vehicle. Fatigue also impedes a truck driver’s ability to accurately judge and respond to surrounding situations.

Unfortunately, it’s common for trucking companies to push their drivers beyond these FMCSA hours of service regulations in the name of profit, and this negligence can be tragic for truck accident victims. Even in the absence of direct instruction to ignore the regulations, truckers may feel implicitly pressured to do so in order to meet unreasonable delivery deadlines

Collecting Evidence In An Austin Truck Driving Accident Case
lawyer at desk talking to client, reviewing evidence
Our Austin truck accident attorneys rely on a wide range of forensic evidence to prove negligence when inadequate rest is a factor in a trucking accident. We evaluate truck driver logs to determine whether your injuries may have been the result of hours of service violations.

In situations where the truck driver’s log book doesn’t indicate any blatant hours of service violations, our attorneys will dig deeper in order to detect indirect evidence that these laws have been violated. This may include uncovering discrepancies between the log book and other important truck driver documents, including:

Fuel receipts
Toll tickets
Times on bills of lading and other load identification documents
Point-to-point mileage distance
Scale tickets
This in-depth investigation can often uncover evidence of hours of service violations that may not be noticed by less experienced attorneys.

What To Do After A Truck Accident In Austin?
5 stars
“Ethan Shaw is the best attorney I have ever worked with. From our first meeting, he explained everything to our family members in terms we could easily understand and was always very responsive when I had questions outside of our meetings. His staff was very friendly, helpful, and thorough as we moved through the legal process.”

-Liz Moriarty

The aftermath of a truck accident is chaotic and terrifying, but what you do in those early moments and days after the accident can help provide evidence for your case and help your physical and financial recovery. If you’re seriously injured, you may be able to do little other than wait in place for help, but if you can use your phone or ask someone to use their phone to help you, doing the following can help make your case:

Call 911 to report the accident and request emergency services
Take photos of the accident scene, including your vehicle, the truck, any other involved vehicles, and any contributing factors like road signs, intersections, and traffic signals
Take photos of any visible injuries
Record a brief statement about what you remember about the accident while it’s fresh in your mind since trauma may fade your recollection later
Add the contact information of the truck driver and trucking company, plus any eyewitnesses to the accident
After you arrive at the hospital, have a complete medical exam. Tell the doctor about every symptom, even if it seems minor at the time. Get a detailed medical report with your doctor’s recommendations for treatment and your prognosis.

After you know the extent of your damages, obtain a copy of the police report, save all medical bills and related receipts, and call the Austin truck accident lawyers at Shaw Cowart LLC.

Causes of Truck Accidents in Austin
While factors beyond our control such as hazardous weather conditions or poorly marked roads contribute to some semi-truck accidents that occur in the Austin area, the vast majority of 18-wheeler accidents are caused by negligence on the part of the truck driver, trucking company, or truck manufacturer. Sadly, many of the devastating injuries caused by these collisions could have easily been prevented if truck drivers and trucking companies took greater care to ensure the safety of others sharing the road.

Why Choose Our Austin Truck Accident Lawyers at Shaw Cowart?
Shaw Cowart Attorneys at Law LLP’s car accident attorneys in Austin have been helping truck accident victims in the Austin, Texas area recover the compensation they deserve for nearly 30 years. We’ve seen firsthand the devastation these collisions can cause to the victims and their families, and we are committed to aggressively pursuing your case in order to maximize the value of your compensation.

You can learn about your legal rights and options by speaking with our experienced truck accident lawyers in person. Please call 512-842-7085 today to schedule a complimentary consultation. You can also fill out the form on our contact page , and our staff will help you set up your meeting! Our seasoned attorneys Ethan L. Shaw and John P. Cowart serve clients in the Austin, Texas area.

Call Our Austin Truck Accident Attorneys Today
Please contact Shaw Cowart Attorneys at Law LLP or call 512-842-7085 today to schedule your FREE case consultation today. Our truck accident lawyers in Austin will be ready to serve you. We serve clients in the Austin, Texas area.

Shaw Cowart Attorneys at Law LLP
Location
1301 West 25th Street Suite 406
Austin, TX 78705

512-842-7085

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Carabin Shaw is one of the leading personal injury law firms in San Antonio and Texas. They have extensive experience in truck/18-wheeler accident cases, focusing on securing compensation for clients that reflects the full extent of their medical bills, property damage, and pain and suffering.
Specialization: Personal injury, truck accidents, car accidents, wrongful death, 18-wheeler accidents.
Why choose them? Carabin Shaw Law Firm offers a complimentary initial consultation, and their team is recognized for aggressively advocating for their clients’ rights.

Wrongful Death Car Accident Claims in Houston – Lawyers for Grieving Families

When a car accident in Houston takes the life of someone you love, the grief is overwhelming. The sudden, violent loss of a spouse, parent, child, or sibling leaves a void that can never be filled. While no amount of money can bring your loved one back, a wrongful death claim can provide your family with the financial security they need to face the future and hold the person who caused the fatal crash accountable for their negligence. Houston car accident lawyers at Carabin Shaw are deeply committed to helping grieving families pursue justice after a fatal car wreck.

Fatal car accidents in Houston happen with tragic regularity. The city’s congested freeways, aggressive driving culture, and high rates of impaired and distracted driving all contribute to a death toll that devastates families every year. Behind every statistic is a real person — a provider, a partner, a parent, a friend — whose life was cut short by someone else’s careless or reckless behavior. Experienced car accident attorneys in Houston at Carabin Shaw treat every wrongful death case with the compassion, respect, and tireless advocacy that grieving families deserve during the most difficult time of their lives.

If your family has lost someone in a Houston car accident, understanding your legal rights is an important step toward protecting your family’s future. Car accident lawyers at Carabin Shaw provide a free, confidential consultation to guide you through the process and help you decide how to proceed.

Who Can File a Wrongful Death Claim Under Texas Law

The Texas Wrongful Death Act authorizes the surviving spouse, children, and parents of the deceased to bring a wrongful death lawsuit. These family members may file the claim individually or join together. If no eligible family member files within three months of the death, the personal representative of the deceased person’s estate may bring the action on behalf of the estate, unless an eligible family member requests that it not be filed.

Each eligible family member can pursue compensation for their own individual losses resulting from the death. A surviving spouse may seek damages for loss of companionship, financial support, and household services. Children may seek compensation for the loss of a parent’s love, guidance, and financial support. Parents who lose an adult child may seek damages for their grief and the loss of the relationship they expected to enjoy for the rest of their lives.

Damages Available in a Wrongful Death Car Accident Case

Wrongful death damages in Texas are designed to compensate the surviving family for the full scope of their loss. Loss of financial support is often the largest component, accounting for the income, benefits, and financial contributions the deceased would have provided to the family over their remaining working life. This calculation requires expert economic analysis that considers the deceased person’s age, health, education, work history, earning potential, and projected career trajectory.

Loss of companionship and society compensates for the intangible but invaluable aspects of the relationship — love, comfort, counsel, emotional support, and guidance. Mental anguish damages address the grief, sorrow, and psychological suffering experienced by the surviving family members. Loss of inheritance covers the assets and wealth the deceased would have accumulated and passed on to their heirs. Funeral and burial expenses are also recoverable.

Survival Claims — Compensation for the Deceased’s Final Suffering

Separate from the wrongful death claim, the estate of the deceased may pursue a survival action. This claim seeks compensation for the conscious pain, suffering, and mental anguish the deceased experienced between the time of the crash and the time of death. Even if the victim survived for only a short time after the collision, they may have experienced excruciating pain and terror that the law recognizes as compensable.

Medical expenses incurred in the effort to save the victim’s life are also recoverable through a survival action. The damages recovered become part of the deceased’s estate and are distributed according to their will or the rules of intestate succession. Pursuing both wrongful death and survival claims ensures the most complete recovery possible for the family.

Proving Negligence in a Fatal Houston Car Accident

To succeed in a wrongful death claim, the family must demonstrate that the death was caused by the negligence or wrongful act of another person. In car accident cases, negligence can take many forms — speeding, distracted driving, drunk driving, running a red light, failure to yield, reckless lane changes, and texting behind the wheel are all acts of negligence that can lead to fatal crashes.

Building the evidence in a fatal car accident case requires a thorough investigation. Lawyers at Carabin Shaw obtain police reports, witness statements, traffic camera footage, cell phone records, toxicology results, and vehicle event data recorder information to reconstruct the crash and establish exactly what the at-fault driver did wrong. Accident reconstruction experts analyze the physical evidence to provide expert opinions on causation and fault. This comprehensive approach leaves no room for the defense to escape responsibility.

The Two-Year Statute of Limitations

Texas imposes a two-year statute of limitations on wrongful death claims, beginning from the date of the deceased person’s death. If a lawsuit is not filed within this window, the family generally loses the right to pursue compensation. The grief and upheaval that follow a sudden death can make two years pass more quickly than families realize, and building a strong case requires months of investigation and preparation. Contacting experienced lawyers early ensures that the statute of limitations is never an issue and that the strongest possible case is built well in advance of the deadline.

Punitive Damages in Fatal Car Accident Cases

When the at-fault driver’s conduct was particularly egregious — such as driving while intoxicated, street racing, or fleeing the scene — the family may be entitled to seek punitive damages in addition to compensatory damages. Punitive damages punish the wrongdoer and send a message to others that such dangerous behavior will not be tolerated. In drunk driving fatality cases, punitive damages can be substantial and represent a significant portion of the total recovery.

Additionally, if the fatal crash occurred at a location where the at-fault driver was leaving a bar or restaurant, a dram shop claim against the establishment that over-served the intoxicated driver may provide another source of compensation. Lawyers at Carabin Shaw evaluate every potential avenue of liability and recovery to maximize the financial protection available to their clients’ families.

Carabin Shaw Stands with Houston Families After Fatal Car Accidents

Losing a family member in a car accident is a pain that no one should have to endure. Carabin Shaw’s Houston car accident lawyers provide compassionate, dedicated representation to families throughout the greater Houston area who are coping with the loss of a loved one. They handle every aspect of the legal process so families can focus on grieving and healing. If you have lost someone in a Houston car wreck, contact Carabin Shaw today for a free, confidential consultation and let their team fight for the justice your family deserves.

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Meta Title: Texas Comparative Fault in Car Accidents — How Shared Blame Affects Your Claim

Meta Description: San Antonio car accident lawyers explain how Texas comparative fault law works. Learn why being partially at fault does not eliminate your right to compensation after a crash.


How Does Texas Comparative Fault Law Affect Your Car Accident Claim?

After almost every car accident in San Antonio, the other driver’s insurance company will try to pin at least some of the blame on you. It does not matter that their driver ran a red light, was texting, or was speeding — the adjuster will find something. You were going a few miles over the limit. You did not brake soon enough. You should have seen them coming. This is not a coincidence. It is a deliberate strategy because Texas comparative fault law allows the insurance company to reduce what they owe you by whatever percentage of fault they can stick on you. The San Antonio car accident lawyers at Carabin Shaw have been fighting these tactics for over 34 years, and they want you to understand exactly how this system works before you accept any settlement offer.

Texas follows what is called a modified comparative fault system, spelled out in Chapter 33 of the Texas Civil Practice and Remedies Code. The basic rule is simple: if you are partially at fault for a car accident, your compensation is reduced by your percentage of fault. But there is a hard cutoff. If your share of the blame reaches 51 percent or more, you recover nothing. Zero. That 51 percent bar is the line the insurance company is trying to push you across, and every argument they make about your driving is designed to move you closer to it.

Understanding how comparative fault works is one of the most important things a car accident victim in Texas can do, because this single legal concept affects the value of your case more than almost anything else. The difference between being assigned 15 percent fault and 50 percent fault on a $400,000 claim is $140,000 — and the difference between 50 percent and 51 percent is the entire $400,000.

How Percentage of Fault Is Determined

Who Decides How Much Fault You Share?

During the insurance claim process, the adjuster will assign fault percentages based on their own investigation — which is heavily biased toward their insured. They look at the police report, witness statements, photographs, and any recorded statement you gave them. If the case goes to court, a jury determines each party’s percentage of fault after hearing all the evidence. The jury’s determination is binding, and your damages are reduced accordingly. In many cases, the fault determination during settlement negotiations is where the real fight happens, because the insurance company knows most people will not go to trial.

Common Scenarios Where Fault Is Shared

Comparative fault comes up in car accident cases far more often than most people realize. A driver runs a red light and T-bones your car, but you were going 10 mph over the posted speed limit. The other driver is primarily at fault, but your speeding contributed to the severity of the impact, and a jury might assign you 10 to 20 percent of the blame. A distracted driver rear-ends you at a stoplight, but one of your brake lights was out. The other driver clearly caused the accident, but the insurance company argues your broken brake light made it harder for their driver to see that you were stopped. A driver fails to yield while making a left turn and hits you in the intersection, but you were approaching the yellow light at a high rate of speed instead of preparing to stop. Both drivers made mistakes, and a jury has to weigh which one contributed more to the crash.

In every one of these situations, the insurance company will push to maximize your share of fault. That is why having experienced car accident attorneys review the evidence matters — they know which arguments hold up and which ones fall apart under scrutiny.

How Your Compensation Is Calculated Under Comparative Fault

The math is straightforward once the percentages are set. If your total damages are $300,000 and a jury finds you 20 percent at fault, your recovery is reduced by 20 percent. You receive $240,000. If you are found 40 percent at fault, you receive $180,000. If you are found 50 percent at fault, you receive $150,000. But if that number tips to 51 percent, you get nothing. The jump from 50 to 51 is not a 1 percent reduction — it is a 100 percent loss. That is why insurance adjusters work so hard to build the case that you were more than half responsible.

The 51 Percent Bar — The Line That Kills Your Claim

Texas is not a pure comparative fault state. Some states allow you to recover even if you are 99 percent at fault, with your damages reduced accordingly. Texas does not. The moment your fault reaches 51 percent, your right to compensation disappears entirely. This is the most dangerous feature of Texas comparative fault law for accident victims, and it is the one the insurance company exploits most aggressively. Every recorded statement they ask you to give, every question about what you were doing before the crash, every request for your phone records — all of it is aimed at building a case that you were the majority at fault.

Multiple At-Fault Parties

Car accidents sometimes involve more than two vehicles, and Texas comparative fault law accounts for that. Each party involved in the crash is assigned their own percentage of fault, and the total must add up to 100 percent. If three drivers are involved and a jury assigns 60 percent to Driver A, 25 percent to Driver B, and 15 percent to you, your damages are reduced by 15 percent and you can pursue claims against both Driver A and Driver B. Each defendant is responsible for their own share of fault. Under Texas proportionate responsibility rules, a defendant who is less than 51 percent at fault typically pays only their percentage. A defendant who is 51 percent or more at fault can be held jointly liable for the full amount of economic damages.

What Evidence Fights Back Against Shared Fault Arguments

The strongest weapon against an inflated fault assignment is evidence. Cell phone records can prove the other driver was texting. The vehicle’s event data recorder — sometimes called the black box — stores speed, braking, and steering data from the seconds before the crash. Surveillance footage from nearby businesses or traffic cameras can show exactly what happened. Witness testimony from people who saw the accident can contradict the other driver’s story. Accident reconstruction experts can use physical evidence — skid marks, debris patterns, vehicle damage profiles — to determine speeds, angles of impact, and the sequence of events. And the police report, while not binding on a jury, often contains the officer’s assessment of which driver violated traffic law.

The car accident attorneys at Carabin Shaw gather and preserve this evidence from day one because once it disappears — and it disappears fast — the insurance company’s version of events is the only one left. Do not let them control the narrative. CALL SHAW at 800-862-1260 for a free consultation.

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Meta Title: Statute of Limitations for Car Accidents in Texas — How Long Do You Have to File?

Meta Description: San Antonio car accident attorneys explain the Texas statute of limitations for car accident lawsuits. Learn the deadlines, exceptions, and what happens if you miss the filing window.


How Long Do You Have to File a Car Accident Lawsuit in Texas?

Texas gives you two years. That is the statute of limitations for personal injury claims arising from car accidents, and it is one of the most important deadlines in your case. If you do not file a lawsuit within two years of the date of the crash, your right to compensation is gone — permanently. It does not matter how badly you were hurt, how clearly the other driver was at fault, or how much money you are owed. Miss the deadline and the court will dismiss your case. The San Antonio car accident lawyers at Carabin Shaw have watched people lose valid claims because they waited too long, and they do not want that to happen to you.

Two years sounds like a long time when you are lying in a hospital bed after a wreck on Loop 410 or I-35. But the months move fast. You are focused on surgeries, physical therapy, getting back to work, and dealing with the insurance company. The insurance adjuster is in no hurry — in fact, delay works in their favor. The longer they can string you along with lowball offers and requests for more documentation, the closer you get to the deadline. And once that two-year window closes, they do not have to pay you anything. That is why experienced car accident attorneys tell every client the same thing: do not wait.

Beyond the two-year rule, there are several important exceptions, shorter deadlines, and special circumstances that every car accident victim in Texas needs to understand. Getting these wrong can be just as costly as missing the main deadline entirely.

The Two-Year Rule — Texas Civil Practice and Remedies Code Section 16.003

The general statute of limitations for personal injury claims in Texas is found in Section 16.003 of the Civil Practice and Remedies Code. It applies to car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and virtually every other type of crash on Texas roads. The clock starts running on the date of the accident — not the date you discovered your injuries, not the date you finished treatment, and not the date the insurance company denied your claim. The date of the crash is day one.

What Happens If You Miss the Deadline

If you attempt to file a lawsuit after the two-year statute of limitations has expired, the defendant will file a motion to dismiss, and the court will grant it. There is no grace period. There is no appeal. There is no exception for people who did not know about the deadline. The case is over. This is true even if you have overwhelming evidence that the other driver was 100 percent at fault and your injuries are catastrophic. The statute of limitations is an absolute bar, and Texas courts enforce it without exception in standard car accident cases.

The Statute of Limitations for Wrongful Death

If a family member was killed in a car accident, the wrongful death statute of limitations is also two years under Chapter 71 of the Civil Practice and Remedies Code. However, the clock starts on the date of death, not the date of the crash. In most cases those are the same day, but when a victim survives the initial accident and dies days, weeks, or months later from their injuries, the distinction matters. The family has two years from the date of death to file the wrongful death claim.

Claims Involving Minors

When a child under 18 is injured in a car accident, the statute of limitations is tolled — meaning the clock is paused — until the child turns 18. At that point, the child has two years to file a lawsuit, giving them until their 20th birthday. A parent or legal guardian can also file a claim on the child’s behalf at any time before the child turns 18. This tolling provision exists because the law recognizes that minors cannot make legal decisions for themselves and should not lose their rights because a parent failed to act in time.

Claims Against the Government — The 6-Month Notice Deadline

This is where many car accident victims get blindsided. If your crash was caused by a government entity — a City of San Antonio vehicle, a TxDOT maintenance truck, a Bexar County Sheriff’s deputy, a VIA bus, or a highway defect that a government agency failed to repair — special rules apply under the Texas Tort Claims Act. You must provide formal written notice of your claim to the government entity within six months of the accident. Six months, not two years. If you fail to provide this notice, your claim against the government can be barred even though the standard two-year statute of limitations has not yet expired.

This shorter deadline catches people off guard all the time. A driver is rear-ended by a city maintenance truck on US 281. They spend the first four months recovering from surgery and physical therapy. By the time they contact a lawyer, the six-month notice window is almost closed or already gone. Government liability cases require immediate legal attention because the notice deadline is unforgiving.

The Discovery Rule — A Narrow Exception

In very limited circumstances, Texas courts apply what is called the discovery rule, which delays the start of the statute of limitations until the injured person knew or should have known about their injury. This exception rarely applies to car accident cases because the injury is usually apparent immediately — you were in a crash, you were hurt, you know about it. The discovery rule is more commonly applied in medical malpractice or toxic exposure cases where the injury is hidden. However, there are rare car accident scenarios where a latent injury — such as a slow brain bleed or a hairline fracture that was missed on initial imaging — does not manifest until well after the crash. If you discover a previously unknown injury months after your accident, talk to a car accident lawyer immediately to determine whether the discovery rule extends your filing window.

The Statute of Limitations Does Not Pause for Insurance Negotiations

This is one of the most dangerous misconceptions car accident victims have. Many people believe that because they are actively negotiating with the insurance company, the statute of limitations is on hold. It is not. The clock runs continuously from the date of the crash, regardless of what is happening with your insurance claim. The insurance company knows this. They will happily negotiate with you right up to the deadline, and if the clock runs out before you file a lawsuit, they have no legal obligation to pay you anything. They can walk away. This is not a hypothetical — it happens.

Filing a Lawsuit Is Not the Same as Settling

Filing a lawsuit within the two-year window does not mean your case goes straight to trial. The vast majority of car accident cases in Texas settle before trial. Filing the lawsuit preserves your legal rights and puts the insurance company on notice that you are serious. Settlement negotiations can and do continue after a lawsuit is filed. In fact, many cases settle faster once the other side knows they are facing an actual courtroom date rather than an informal claim they can drag out indefinitely.

Why You Should Not Wait

Even though you have two years, waiting works against you in every way. Physical evidence at the crash scene is cleaned up within hours. Surveillance footage from nearby businesses is overwritten within 48 to 72 hours. Witnesses forget details and move away. The other driver’s vehicle may be repaired or scrapped, destroying the physical evidence of the impact. Your own medical records are strongest when treatment begins immediately after the crash — gaps in treatment give the insurance company ammunition to argue your injuries are not that serious. And if your case involves a government entity, you have only six months to provide notice.

The car accident attorneys at Carabin Shaw start investigating on day one, preserve evidence before it disappears, and make sure no deadline is missed. Consultations are free and there is no fee unless they win. CALL SHAW at 800-862-1260.