Personal Injury Guide for Austin, Texas Victims

Introduction: Why Austin, Texas Residents Need a Local Personal Injury Guide

Every year, thousands of Austinites drive down I-35, bike along South Congress, or work in high-growth industries such as technology and construction. Unfortunately, a moment of negligence—whether a distracted driver near UT Austin, a slip at The Domain, or a crane mishap on a downtown high-rise—can upend your life. Knowing how personal injury lawyer Austin Texas professionals evaluate and pursue claims under state law is the first step toward fair compensation.

Texas courts follow statutes and procedures that differ markedly from other states. From the two-year statute of limitations in Texas Civil Practice and Remedies Code (TCPRC) §16.003 to proportionate responsibility under TCPRC Chapter 33, injury victims must navigate strict rules and tight deadlines. This guide distills the essentials of Texas personal injury law, focusing on resources unique to the Austin area—such as the Travis County civil docket, local trauma centers like Dell Seton Medical Center, and the city’s Vision Zero crash data.

1. Understanding Your Personal Injury Rights in Texas

1.1 Negligence and Duty of Care

Texas recognizes the common-law theory of negligence: a party who breaches a legal duty and causes injury is liable for damages. To recover, an Austin plaintiff typically must prove:

• The defendant owed a duty of care (for example, motorists must obey traffic laws on MoPac Expressway).

• The defendant breached that duty by acting or failing to act reasonably.

• The breach was the proximate cause of the injury.

• The plaintiff suffered actual damages—medical bills, lost wages, pain, or property loss.

Texas courts have elaborated on these elements in decisions such as El Chico Corp. v. Poole, 732 S.W.2d 306 (Tex. 1987), which expanded the scope of duty in dram-shop cases, and Greater Houston Transp. Co. v. Phillips, 801 S.W.2d 523 (Tex. 1990), confirming foreseeability standards.

1.2 Statute of Limitations

Under TCPRC §16.003(a), most personal injury lawsuits must be filed within two years of the date the cause of action accrues—generally the date of the accident. Some exceptions exist (e.g., minors, asbestos exposure), but courts rarely extend this period. Missing the deadline almost always bars recovery.

1.3 Comparative Fault (Proportionate Responsibility)

Texas follows a modified comparative fault rule codified in TCPRC §33.001. If you are not more than 50% responsible for your injuries, you can still recover damages—but your award will be reduced by your percentage of fault. For instance, if a jury finds you 20% at fault for a collision on SH-130 and your damages are $100,000, your net recovery is $80,000.

2. Common Types of Personal Injury Cases in Austin

2.1 Motor Vehicle Collisions

Austin’s rapid growth strains roadways like I-35, Congress Avenue, and East Riverside. According to the Texas Department of Transportation’s Crash Facts, Travis County reported over 15,000 crashes in 2022, many involving distracted driving or speeding. Injured motorists often claim:

• Medical expenses (ER visits at St. David’s South Austin Medical Center).

• Vehicle repair or replacement.

• Lost wages from Austin’s booming tech jobs.

• Pain, suffering, and diminished quality of life.

2.2 Bicycle and Pedestrian Injuries

With protected lanes on Shoal Creek and heavy foot traffic near Sixth Street, cyclists and pedestrians face higher exposure. Texas Transportation Code §552 sets motorist duties around crosswalks; violations can establish negligence per se.

2.3 Premises Liability (Slip and Falls)

Whether you slipped on spilled coffee at a South Lamar café or tripped on uneven pavement at Zilker Park, Texas premises liability hinges on the visitor’s status: invitee, licensee, or trespasser. The Texas Supreme Court in CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000), clarified these duties.

2.4 Workplace & Construction Accidents

Austin’s skyline features numerous cranes. Workers injured on sites often file third-party claims in addition to workers’ compensation. OSHA reports and the Texas Department of Insurance Division of Workers’ Compensation guidelines regulate safety standards that may bolster negligence claims.

2.5 Dog Bites

Under Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), Texas follows the “one bite” rule, but owners may still be liable for negligence if they fail to control a dangerous animal pursuant to Austin City Code §3-4-2.

3. Texas Legal Protections & Injury Laws

3.1 Damage Categories

• Economic damages: medical costs, lost wages, rehabilitation, property damage.

• Non-economic damages: pain and suffering, mental anguish, disfigurement.

• Exemplary damages: available under TCPRC §41.003 when the defendant acted with fraud, malice, or gross negligence (e.g., a drunk driver with a .20 BAC).

3.2 Caps on Damages

Texas caps non-economic damages only in medical malpractice cases—$250,000 per healthcare provider, up to $500,000 overall (TCPRC §74.301). For general personal injury claims, there is no statutory cap on pain-and-suffering damages.

3.3 Evidence Rules and Discovery

The Texas Rules of Civil Procedure (TRCP) govern pretrial discovery—interrogatories, depositions, and requests for disclosure. TRCP 194 requires parties to disclose basic information (witness lists, insurance coverage) without a formal request, streamlining cases in Travis County District Court.

3.4 Insurance Considerations

Texas drivers must carry minimum liability coverage: $30,000 bodily injury per person, $60,000 per accident, and $25,000 property damage (Texas Transportation Code §601.072). The Texas Department of Insurance regulates insurer conduct, including unfair settlement practices (Texas Insurance Code §541).

4. Steps to Take After a Personal Injury in Texas

4.1 Seek Immediate Medical Attention

Even if injuries seem minor, visit Dell Seton Medical Center, St. David’s, or another licensed facility. Medical records are foundational evidence linking your injuries to the incident.

4.2 Preserve Evidence

• Photograph vehicles, hazards, and visible injuries.

• Secure police crash reports from the Austin Police Department or Texas Crash Report Online Purchase System.

• Collect witness names and contact info.

• Keep damaged personal items (helmets, clothing) in their post-accident condition.

4.3 Notify Relevant Parties

For auto collisions, promptly notify your insurer to comply with policy conditions. If injured on a commercial property, submit an incident report to the manager while on site when possible.

4.4 Track Expenses and Symptoms

Maintain a journal documenting pain levels, medical appointments, and missed workdays. Retain receipts for medications, rideshares to therapy, and adaptive devices—critical when calculating texas injury compensation.

4.5 Avoid Premature Settlement

Insurance adjusters may offer early lowball settlements. Once you sign a release, you forfeit further claims—even if new surgery becomes necessary. Consulting an austin accident attorney before accepting money safeguards your rights.

5. When to Seek Legal Help in Texas

5.1 Complex Liability or Severe Injuries

Multiple defendants (e.g., rideshare driver and vehicle manufacturer) or catastrophic injuries (spinal cord, TBI) usually require expert testimony and rigorous litigation skills.

5.2 Disputed Fault

If an insurer argues you were speeding down Congress Avenue or failed to signal on Guadalupe, your comparative-fault percentage can drastically reduce recovery. An attorney gathers dash-cam footage, phone records, and accident reconstruction reports to rebut allegations.

5.3 Statute of Limitations Approaching

If more than 18 months have passed since your accident, time is critical. Drafting a petition, identifying defendants, and filing in Travis County District Court before the two-year deadline is often impossible without legal counsel.

5.4 Contingency-Fee Representation

Most Texas personal injury lawyers take cases on contingency—no fee unless you recover—regulated by the Texas Disciplinary Rules of Professional Conduct Rule 1.04.

6. Local Resources & Next Steps

6.1 Courts and Agencies

Travis County District Clerk – Filing civil petitions and accessing dockets. Austin Vision Zero – City crash data and safety initiatives useful for proving dangerous intersections. State Bar of Texas Lawyer Referral – Verify attorney licensing and disciplinary history.

6.2 Medical Providers

• Dell Seton Medical Center at The University of Texas – Level I trauma care.

• St. David’s South Austin Medical Center – 24/7 emergency and orthopedic services.

• Ascension Seton Rehabilitation Hospital – Inpatient rehab for spinal and brain injuries.

6.3 Support Organizations

• Mothers Against Drunk Driving (MADD) Texas Chapter – Victim counseling and court accompaniment.

• Texas Department of Assistive and Rehabilitative Services – Vocational rehab for disabled Texans.

Legal Disclaimer

This information is provided for educational purposes only and does not constitute legal advice. Laws change, and the application of law varies based on specific facts. Always consult a licensed Texas attorney regarding your unique situation.

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.