Austin Personal Injury Guide: Know Your Rights in Texas

Introduction: Why Austin Injury Victims Need a Texas-Specific Guide

Interstate 35 traffic jams, booming construction sites, and lively entertainment districts make Austin, Texas both vibrant and accident-prone. Whether you were rear-ended near MoPac, slipped at a South Congress venue, or suffered a bike crash on the Ann and Roy Butler Trail, understanding Texas personal injury law is critical to protecting your health and your finances. This guide is written for injury victims and their families in Austin. It explains the statutes, procedures, and local resources that shape your claim and outlines how a personal injury lawyer Austin Texas can help you pursue full compensation.

Every statement below is grounded in authoritative Texas sources, including the Texas Civil Practice and Remedies Code (TCPRC), the Texas Rules of Civil Procedure, and published opinions from Texas courts. Where outside references are useful, we link directly to reliable, official webpages. While the information favors the rights of injured claimants, it remains strictly factual and free of speculation.

Understanding Your Personal Injury Rights in Texas

1. Negligence and Duty of Care

In most Texas personal injury claims, the theory of recovery is negligence. To win, an injured person – the plaintiff – must prove four elements:

• Duty: The defendant had a legal obligation to act with reasonable care.

• Breach: The defendant failed to meet that duty.

• Causation: The breach was a substantial factor in causing injury.

• Damages: The plaintiff suffered actual losses, such as medical bills, lost wages, or pain and suffering.

Texas follows well-developed common law principles, but many rights are also codified. For example, TCPRC §73.003 clarifies when defendants owe a duty to provide emergency assistance. The details vary by case type, but the core duty-breach-causation-damages framework applies in auto collisions, premises liability, dog bites, product defects, and more.

2. The Two-Year Statute of Limitations

Under TCPRC §16.003(a), a plaintiff generally has two years from the date of injury to file a personal injury lawsuit in Texas. Missing this deadline almost always bars recovery. Limited exceptions exist—for example, for minors or cases involving the discovery rule—but courts strictly construe them. Because evidence can fade and memories can blur, contacting an attorney early is the safest route.

3. Comparative Fault (Proportionate Responsibility)

Texas uses a modified comparative fault system codified in TCPRC Chapter 33. A jury assigns a percentage of responsibility to each party. If you are less than 51% at fault, you can recover damages, but your award is reduced by your fault percentage. If you are 51% or more at fault, recovery is barred. Insurance adjusters often invoke comparative fault in Austin traffic accidents, so documenting crash scenes and injuries is vital.

Common Types of Personal Injury Cases in Austin and Across Texas

1. Motor Vehicle Collisions

Austin’s rapid growth has congested major arteries like I-35, US-183, and SH-71. According to Texas Department of Transportation crash statistics, Travis County reported more than 14,000 crashes in the most recent year with data. Rear-end collisions, motorcycle wrecks, and ride-share accidents are common.

• Unique local factor: Events like South by Southwest bring spikes in traffic, pedestrian congestion, and ride-share usage.

2. Bicycle and Pedestrian Injuries

With miles of bike lanes, Austin is a cycling hub. Unfortunately, inattentive drivers frequently cause “dooring” incidents and right-hook collisions. Texas law treats bicycles as vehicles entitled to full use of the lane (Texas Transportation Code §551.103). When a driver violates that right, injured cyclists can pursue damages.

3. Premises Liability (Slip and Falls)

Under Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749 (Tex. 1998), property owners owe varying duties depending on whether a visitor is an invitee, licensee, or trespasser. Austin’s hospitality venues – from Rainey Street bars to Domain shopping centers – must inspect and remedy hazards like spilled drinks, uneven flooring, or inadequate lighting.

4. Workplace and Construction Accidents

While Texas does not require private employers to carry workers’ compensation, many Austin tech companies and construction contractors do. Non-subscribing employers can be sued directly for negligence. Additionally, third-party claims may arise against product manufacturers or subcontractors.

5. Dog Bites

Texas follows a “one-bite” rule from Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), but plaintiffs can also recover by proving negligence per se for leash-law violations under Austin City Code §3-4-1.

Texas Legal Protections & Injury Laws

1. Limits on Damages

Texas caps noneconomic damages only in specific classes, such as medical malpractice (TCPRC §74.301). Personal injury and product liability cases generally have no statutory cap on pain, suffering, or mental anguish. Punitive damages require clear and convincing evidence of fraud, malice, or gross negligence and are capped under TCPRC §41.008.

2. Insurance Requirements

• Auto Liability: Minimum 30/60/25 policy (§601.072 Texas Transportation Code).

• Commercial General Liability: Not mandated statewide but often contractually required on Austin construction projects.

• Uninsured/Underinsured Motorist (UM/UIM): Insurers must offer UM/UIM coverage; insured may reject only in writing (§1952.101 Texas Insurance Code).

3. Attorney Licensing and Ethical Rules

All lawyers representing injury victims in Texas must be licensed by the State Bar of Texas and comply with the Texas Disciplinary Rules of Professional Conduct. Only licensed Texas attorneys may give legal advice on Texas personal injury matters. Out-of-state lawyers appearing in Texas courts must seek pro hac vice admission under Texas Rule of Civil Procedure 19a.

4. Court Venue and Jurisdiction

Personal injury suits arising in Austin are typically filed in Travis County District Courts if damages exceed $250,000 or in County Courts at Law for lower amounts. If diversity jurisdiction exists, a case may be removed to the U.S. District Court for the Western District of Texas, Austin Division.

Steps to Take After a Personal Injury in Texas

1. Seek Immediate Medical Care

Prompt treatment is critical for health and for documenting damages. Major Austin trauma centers include Dell Seton Medical Center at The University of Texas and St. David’s South Austin Medical Center.

2. Preserve Evidence

• Photograph the accident scene, vehicles, or hazardous conditions.

• Collect names and phone numbers of witnesses.

• Secure police or incident reports. Austin Police Department crash reports are available online within 10 days.

• Keep medical records, bills, and receipts.

3. Notify Insurance Carriers Carefully

Texas insurers may request recorded statements. Provide basic facts but avoid speculation. Politely decline offers to settle until you know the full extent of your injuries.

4. Calculate Damages

• Economic damages: Medical expenses, lost income, future care costs.

• Noneconomic damages: Pain, suffering, mental anguish, loss of companionship.

• Exemplary damages: Available only upon showing of gross negligence or malice (TCPRC §41.003).

5. Comply With Notice Requirements

If a governmental entity – such as Capital Metro or the City of Austin – is potentially liable, you must provide formal notice within 180 days under Tex. Civ. Prac. & Rem. Code §101.101.

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When to Seek Legal Help in Texas

1. Complex Liability or Severe Injuries

Cases involving catastrophic injuries, disputed negligence, multiple defendants, or commercial policies often require litigation experience. An austin accident attorney can coordinate expert witnesses such as accident reconstructionists or medical specialists.

2. Low Settlement Offers

Insurers sometimes offer quick settlements that fail to cover long-term costs. A lawyer can evaluate future medical needs and lost earning capacity, then negotiate or litigate for fair recovery.

3. Comparative Fault Allegations

Defense counsel may argue you were using your phone while driving or ignored posted warnings. Skilled counsel leverages crash data, surveillance footage, and witness testimony to minimize any percentage attributed to you under Chapter 33.

Local Resources & Next Steps

Travis County District Clerk – File civil lawsuits and access court records.

Austin Police Department Crash Reports – Obtain official accident reports online.

Texas Department of Insurance – Verify insurer licenses and file complaints.

Remember: Clock limitations run quickly, and defendants begin building their case immediately after an incident. Consult counsel early to gather evidence, calculate damages, and comply with all procedural requirements.

Legal Disclaimer

This article provides general information for Austin, Texas residents. It is not legal advice. Laws change, and the application of law depends on specific facts. You should consult a licensed Texas attorney before acting on any information here.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.