Texas injury law for Dallas claims: the statutes that decide your case

These are the Texas rules that come up in almost every Dallas injury claim, each with the statute it comes from. They are summaries for general information, read in November 2026; check the current text or ask us before relying on one.

This guide is from LAWBOSS – Harris, Nelsen & Uvalle, PLLC, and Michael Uvalle is the attorney responsible for this website. Statute links go to the Texas Legislature’s public site, statutes.capitol.texas.gov.

Deadlines

Rule	What it says	Source
Personal injury	Suit generally within two years of the day the claim arises.	CPRC 16.003(a)
Death	Two years, generally running from the date of death.	CPRC 16.003(b)
Minors	Time under 18 or of unsound mind is generally not counted.	CPRC 16.001
Government units	Written notice generally within six months; a city charter may require it sooner.	CPRC 101.101

Read the deadline rules in full on the Civil Practice and Remedies Code chapter 16 page. For a plain-language version, see our article on the Texas 51 percent fault rule, which also covers timing.

Fault

Texas uses proportionate responsibility. You can recover if your share of responsibility is 50 percent or less; the recovery is reduced by your share; above 50 percent it is barred (CPRC 33.001 and 33.012). A defendant more than 50 percent responsible can be jointly and severally liable (33.013), and a defendant may ask to designate a responsible third party, generally at least 60 days before trial (33.004).

Insurance

• Minimum liability coverage: 30,000 dollars for injury or death of one person, 60,000 dollars for two or more and 25,000 dollars for property damage per crash (Transportation Code 601.072). These are statutory minimums, not a measure of any claim.
• Uninsured and underinsured motorist coverage is included in every Texas auto policy unless rejected in writing (Insurance Code 1952.101).
• Personal injury protection (PIP) is included unless rejected in writing (1952.152); the law does not require more than 2,500 dollars per person (1952.153); it is paid without regard to fault (1952.155) and within 30 days of satisfactory proof (1952.156).

Our article on PIP and uninsured motorist coverage after a Dallas crash explains how to use them.

At the scene and the crash report

• A driver in a crash with injury or death must stop, check for anyone needing aid and remain to give information; leaving is a felony when someone is killed or seriously hurt (Transportation Code 550.021).
• Drivers exchange name, address, registration and insurer, and show a license if asked (550.023).
• A crash with injury, death or a vehicle that cannot be driven is reported to police or the sheriff (550.026).
• An investigating officer files the crash report with TxDOT within ten days (550.062); the people involved can buy copies (550.065).
• Reading, writing or sending a message on a phone while driving is an offense (545.4251).

Government claims

Claims against the state, a city or another local government unit fall under the Texas Tort Claims Act. Besides the notice rule, the Act caps what can be recovered: 250,000 dollars per person and 500,000 dollars per occurrence for the state and for a municipality, and 100,000 and 300,000 dollars for other local units (CPRC 101.023). These are limits written into the statute.

Wrongful death and survival

A person whose wrongful act, neglect or carelessness causes a death can be liable under the Texas Wrongful Death Act (CPRC 71.002). The claim belongs to the surviving spouse, children and parents, and any of them may sue for all (71.004). The injured person’s own claim survives for the estate (71.021). Exemplary damages may be available when a death is caused by a wilful act or gross negligence (71.009), and they are capped by statute (41.008).

Trucks and motorcycles

Texas commercial vehicle rules follow the federal safety rules (Transportation Code 644.051): driving limits and breaks (49 CFR 395.3), electronic logs kept at least six months (395.8) and maintenance (396.3). Texas truck trials can be split into two phases on a defendant’s motion (CPRC 72.052). For motorcycles, a rider at least 21 who completed an approved course or has health insurance covering motorcycle crash injuries may ride without a helmet (Transportation Code 661.003).

No Fees or Costs Unless We Win: the firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you. See how these rules play out on our accident lawyer in Dallas page.