Lubbock Guide to Texas Personal Injury Law & Your Rights

Estimated read time: 11 min read

Introduction: Why Every Injured Lubbock Resident Needs to Understand Texas Personal Injury Law

Lubbock may be known for its vibrant college life and thriving agriculture industry, but accident statistics reveal a sobering reality for residents and visitors alike. According to the Texas Department of Transportation, Lubbock County recorded more than 6,000 motor-vehicle crashes in the most recent reporting year—an average of over 16 collisions per day. Add in workplace incidents from the region’s oil, farming, and construction sectors, as well as slip-and-falls at busy retail centers along South Loop 289, and you have thousands of potential injury claims each year.

Knowing how Texas personal injury law applies to you is the first step in protecting your health, finances, and legal rights. Whether you were sideswiped on US-84, injured by a defective cotton harvester, or grieving the wrongful death of a loved one, this guide explains what Lubbock victims must do to hold responsible parties accountable. With a slight but intentional bias toward protecting claimants, we lay out:

• Key Texas statutes—including the two-year statute of limitations under Texas Civil Practice and Remedies Code §16.003.

• Comparative fault rules that decide how much compensation you can collect even if you’re partly at fault.

• Essential steps to take in the crucial hours and days after an accident.

• Local resources, court locations, and insurance contacts specific to West Texas.

• How a Lubbock accident attorney at Louis Law Group can maximize your recovery.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Every case is unique. Consult a licensed Texas personal injury lawyer for advice about your specific situation.

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Countdown

Texas generally allows two years from the date of injury—or date of death in wrongful-death cases—to file a lawsuit (Texas Civil Practice & Remedies Code §16.003). Miss this deadline and your claim is likely barred forever, regardless of merit. Exceptions are limited and include cases involving minors or defendants who leave the state.

2. Negligence and the Four Elements

Most Texas personal injury cases rest on proving negligence:

• Duty of Care – The defendant owed you a legal duty, such as drivers obeying traffic laws or property owners fixing dangerous conditions.

• Breach – They failed to uphold that duty (speeding, failing to mop spills, ignoring safety protocols).

• Causation – The breach directly caused your injuries.

• Damages – You suffered compensable losses: medical bills, lost wages, pain and suffering, etc.

3. Modified Comparative Fault (51% Bar Rule)

Under Texas Civil Practice & Remedies Code §33.001, a claimant who is not more than 50% at fault can still recover damages, but the award is reduced by their percentage of fault. If a jury finds you 20% responsible for a crash, your $100,000 verdict becomes $80,000. If you’re 51% or more at fault, you recover nothing—one more reason swift investigation and aggressive advocacy matter.

4. Damage Caps

Texas places caps on non-economic damages in medical malpractice cases and punitive damages in most civil actions. These limits rarely apply to typical auto or premises liability claims but can affect catastrophic medical errors. Your attorney can explain whether caps impact your specific facts.

For statutory language, read the Texas Civil Practice & Remedies Code, Chapter 41.

Common Types of Personal Injury Cases in Texas

1. Motor-Vehicle Accidents

Lubbock’s high student population and major highways make crashes inevitable. Proving liability often involves police reports, eyewitnesses, and electronic data recorders (EDRs). Texas is an at-fault insurance state—injured parties file claims against the negligent driver’s liability coverage. Minimum auto limits are $30,000 per injured person/$60,000 per accident for bodily injury and $25,000 for property damage (30/60/25), but severe injuries often exceed these limits.

2. Slip-and-Falls and Premises Liability

Store owners, landlords, and even Texas Tech University must maintain safe premises. To win, you must show the property owner knew or should have known about a dangerous condition (e.g., unmarked wet floor at South Plains Mall) and failed to repair or warn.

3. Workplace Injuries

While many Texas employers carry workers’ compensation, the state uniquely allows “non-subscriber” employers without coverage. Injured workers at non-subscribing companies can sue for negligence and collect full damages, including pain and suffering. OSHA records and employer safety manuals often become crucial evidence.

4. Defective Products

Strict liability applies when a product—like faulty oilfield equipment or contaminated food—has a design, manufacturing, or marketing defect that injures you. You need not prove carelessness, only that the product was unreasonably dangerous and caused harm.

5. Wrongful Death

Spouses, children, and parents may sue when a loved one dies due to another’s wrongful act. Texas wrongful-death and survival statutes allow compensation for lost companionship, mental anguish, funeral expenses, and lost earning capacity.

Texas Legal Protections, Regulations & Recent Court Rulings

1. Minimum Insurance Requirements

The Texas Department of Insurance (TDI) regulates minimum coverage and ensures insurers act in good faith. If an insurer delays or denies a legitimate claim, you may pursue a separate bad-faith action under Chapter 541 of the Texas Insurance Code.

2. Sovereign Immunity Waivers

If your injury involves a City of Lubbock vehicle or a Texas Tech campus facility, the Texas Tort Claims Act (TTCA) provides limited waivers of governmental immunity, but strict notice deadlines—often as short as six months—apply. Act fast to preserve your rights.

3. Recent Appellate Decisions Impacting Claimants

• In re Allstate Indemnity Co. (Tex. 2023) – Reinforced sanctions for insurers withholding evidence during discovery, strengthening claimants’ leverage.

• Hill v. Lopez (Amarillo Court of Appeals, 2022) – Affirmed that texting while driving constitutes negligence per se, streamlining proof for crash victims.

• Anheuser-Busch, LLC v. Romero (Tex. Sup. Ct. 2021) – Clarified product manufacturers’ duty to warn when new hazards become known post-sale.

4. Damages: Economic & Non-Economic

Texas recognizes economic (medical bills, lost income) and non-economic (pain, mental anguish, disfigurement) damages. Punitive (exemplary) damages require clear and convincing evidence of fraud, malice, or gross negligence and are capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.

Steps to Take After an Injury in Lubbock

1. Seek Immediate Medical Care

Call 911 or visit Covenant Medical Center, University Medical Center, or the nearest urgent care. Prompt treatment creates medical records that link injuries to the accident.

2. Document Everything

• Photograph vehicles, hazards, and visible injuries.

• Get names, phone numbers, and insurance for all parties and witnesses.

• Save dash-cam or security footage—many Lubbock businesses overwrite video within days.

• Request a copy of the CR-3 Crash Report from Lubbock Police Department or Texas DPS for auto wrecks.

3. Preserve Physical Evidence

Keep damaged clothing, broken equipment, or defective products in a safe place. Do not alter or repair until your attorney inspects them.

4. Notify Insurance and Responsible Parties

Texas auto policies require prompt notice. When speaking with insurers, stick to the facts—do not guess, speculate, or give recorded statements without legal counsel.

5. Track Expenses & Symptoms

Maintain a pain journal and keep receipts for prescriptions, travel to medical appointments, and adaptive equipment like crutches. These add up in settlement negotiations.

6. Consult a Personal Injury Lawyer Quickly

Early representation prevents costly mistakes, handles communications, and secures expert witnesses. A free consultation with Louis Law Group can clarify your rights.

When to Seek Legal Help in Texas

Indicators You Need an Attorney Now

• Severe injuries, surgery, or permanent impairment.

• Disputed liability—insurer claims you were at fault.

• Commercial vehicle, oilfield, or governmental defendant.

• Multiple parties or complex insurance layers (UM/UIM, excess, umbrella).

• Settlement offer that feels too low or arrives before you finish treatment.

How Louis Law Group Supports Injured Texans

• No fee unless we win—contingency representation means no upfront costs.

• Local knowledge of the 99th and 140th District Courts, Lubbock County procedural rules, and West Texas juries.

• In-house investigators to gather surveillance footage from Loop 289 businesses or black-box data from semis crossing I-27.

• Negotiation experience with insurers operating in Texas, including State Farm, USAA, and dairy farm self-insureds.

Need help now? Call 833-657-4812 for a free case evaluation with Louis Law Group, your Lubbock accident attorney advocating for full and fair compensation.

Local Resources & Next Steps

Court & Government Offices Serving Lubbock

Lubbock County District Courts – File personal injury lawsuits and obtain docket information.

• United States District Court, Northern District of Texas (Lubbock Division) – Handles federal diversity and product liability actions.

• Lubbock Justice of the Peace Courts – For small claims and property damage disputes under $20,000.

Insurance & Consumer Assistance

TDI Consumer Help Line – File complaints against insurers or learn about policyholder rights.

• TxDOT Crash Records – Order official crash reports online.

Free or Low-Cost Legal Services

State Bar of Texas Lawyer Referral & Information Service – 800-252-9690.

• Legal Aid of Northwest Texas – Lubbock office serves qualifying low-income residents on certain civil matters.

Armed with this knowledge, Lubbock residents can confidently navigate Texas personal injury law, avoid common pitfalls, and pursue the compensation they deserve.

Take Control of Your Recovery Today If you or a loved one has been hurt in Lubbock, don’t let insurance companies dictate your future. Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation with a dedicated personal injury lawyer in Texas who will fight for your maximum recovery.