Personal Injury Guide for Killeen, Texas Victims

Introduction: Why Killeen Residents Need a Local Guide

Killeen, Texas sits at the junction of Interstate 14 (U.S. 190) and State Highway 195, just outside Fort Cavazos (formerly Fort Hood). With more than 150,000 residents, steady military traffic, and a fast-growing population, accidents are unfortunately common in and around Bell County. According to the Texas Department of Transportation’s 2022 Crash Statistics, Bell County recorded more than 5,000 reportable motor-vehicle crashes in a single year. Yet vehicle collisions are only one source of personal injury claims here—construction accidents on State-funded expansion projects, slip-and-falls in local retail centers, and ranch or farm incidents also send Killeen residents to Seton Medical Center Harker Heights and Carl R. Darnall Army Medical Center every week. If you have been hurt because another person or business was careless, Texas law gives you a path to compensation—provided you follow strict procedural rules and meet short filing deadlines. This comprehensive guide explains those rules, cites the controlling statutes, and highlights local resources to help injury victims in Killeen protect their rights.

Understanding Your Personal Injury Rights in Texas

Civil Liability and Negligence

Texas civil courts resolve personal injury disputes under negligence principles. To win compensation, an injured plaintiff must prove four elements by a preponderance of the evidence:

• Duty: The defendant owed a legal duty of reasonable care.

• Breach: The defendant violated that duty.

• Causation: The breach proximately caused the injury.

• Damages: The plaintiff suffered actual losses (medical bills, lost wages, pain).

When the evidence supports all four elements, the plaintiff may recover economic damages (medical costs, lost earnings), noneconomic damages (pain and suffering, mental anguish), and—when allowed—exemplary damages for gross negligence under Texas Civil Practice & Remedies Code (TCPRC) §41.003.

Statute of Limitations

Most personal injury claims in Texas carry a strict two-year limitations period. TCPRC §16.003(a) requires that a lawsuit be filed “no later than two years after the day the cause of action accrues,” which is typically the date of the injury. A missed deadline almost always ends the claim, so injury victims should keep close track of the calendar.

Proportionate Responsibility (Comparative Fault)

Texas is a modified comparative fault state. Under TCPRC §33.001–§33.017, a plaintiff can recover damages so long as the plaintiff’s own responsibility does not exceed 50%. Any percentage of fault attributed to the plaintiff will proportionally reduce the recovery. If a Killeen jury finds you 20% at fault for a crash, your verdict is reduced by that same 20%. Exceed 50% and you collect nothing.

Common Types of Personal Injury Cases in Texas

Motor-Vehicle Collisions

The combined military and civilian traffic on I-14 and FM 3470 leads to frequent rear-end and multi-vehicle accidents. Minimum auto-insurance requirements—$30,000 per injured person, $60,000 per accident, and $25,000 in property damage—are set by the Texas Department of Insurance (Texas Auto Policy Basics). Victims often discover these limits do not cover serious injuries and must explore underinsured-motorist coverage or third-party liability.

Premises Liability

Slip-and-fall claims arise in big-box stores along U.S. 190 or in the Killeen Mall. To win, plaintiffs must show the property owner knew or should have known about a dangerous condition and failed to fix it. The Texas Supreme Court’s decision in Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002), illustrates the high evidentiary bar for “should have known.”

Workplace and Construction Accidents

Texas is unique: private employers are not required to subscribe to the state workers’ compensation system. When a “nonsubscriber” employer in Killeen opts out, injured employees may file a negligence lawsuit in civil court with certain procedural advantages (e.g., defendant may not plead the employee’s ordinary negligence as a defense). If the employer is a subscriber, administrative workers’ compensation rules apply instead. Always verify subscription status on the Texas Division of Workers’ Compensation website.

Oilfield, Ranch, and Farm Injuries

While Bell County is not in the Permian Basin, many Killeen residents pick up oilfield work in nearby counties or perform ranch work on surrounding agricultural land. Texas Agriculture Code Chapter 75 and the Texas Farm Animal Activity Act limit liability for animal-related injuries in certain circumstances, but exceptions exist when equipment is faulty or conduct is willful.

Dog Bites

Texas follows a “one-bite” negligence rule rather than a strict-liability statute. Plaintiffs must show the owner knew the dog was dangerous or failed to use reasonable care. City of Killeen Code of Ordinances §6-5 requires dogs be leashed off-property, and violations can help establish negligence per se.

Texas Legal Protections & Injury Laws

Pleading and Service Requirements

Under Texas Rules of Civil Procedure (TRCP) Rule 47, an original petition must state the factual basis of the claim and include a statement of the damages sought. TRCP Rule 99 requires defendants be served with citation. Accurate service in Bell County is handled through the Bell County District Clerk or an authorized process server.

Mandatory Pre-Suit Notice in Health-Care Liability Claims

TCPRC §74.051 requires a claimant alleging medical negligence to provide each defendant with 60-days’ written notice and file an expert-report within 120 days of filing suit. Failure to furnish the report results in dismissal with prejudice and fee shifting. Victims hurt at AdventHealth Central Texas or Army medical facilities must meet these special rules.

Damage Caps

Texas caps noneconomic damages in medical negligence cases at $250,000 per physician and $250,000 per facility, with a total of $500,000 per claimant (TCPRC §74.301). Governmental-unit defendants—such as the City of Killeen—are subject to caps under the Texas Tort Claims Act, TCPRC §101.023.

Settlement and Insurance Bad Faith

Insurers owe duties of good faith and fair dealing. Texas Insurance Code §541.060 prohibits unfair settlement practices, including misrepresenting policy provisions or failing to attempt a prompt, fair settlement. Victims may sue for treble damages if violations are knowing.

Steps to Take After a Personal Injury in Texas

• Seek Immediate Medical Care – Visit a local facility such as Seton Medical Center Harker Heights or Carl R. Darnall Army Medical Center. Prompt treatment documents causation and prevents insurers from arguing you were not seriously hurt.

Report the Incident – Call Killeen Police Department for traffic accidents or complete an CR-2 Blue Form if no officer responds. For workplace injuries, report to your supervisor within 30 days (Texas Labor Code §409.003).

• Preserve Evidence – Photographs, surveillance footage from shops along Trimmier Road, and witness names should be gathered quickly before they disappear.

• Notify Insurance Carriers – Failure to give timely notice can violate policy terms. Provide only factual statements; avoid speculative fault admissions.

• Track Expenses – Save hospital bills, pharmacy receipts, and mileage logs to and from follow-up appointments; these numbers support economic damages.

• Consult a Qualified Attorney – A licensed Texas lawyer can evaluate liability, navigate proportionate responsibility, and file suit within TCPRC §16.003’s two-year window.

When to Seek Legal Help in Texas

While minor fender-benders may settle without counsel, the following red flags signal the need for a personal injury lawyer Killeen Texas victims can trust:

• Severe or permanent injuries (fractures, spinal cord damage, traumatic brain injury).

• Disputed liability or multiple at-fault parties (e.g., multi-car pileups on I-14).

• Governmental defendants (city bus accidents, military contractor negligence).

• Insurer denies or delays valid claims, contrary to Texas Insurance Code §541.060.

Only attorneys licensed by the State Bar of Texas may provide legal advice. You can verify a lawyer’s standing on the State Bar’s public website.

Local Resources & Next Steps

• Bell County District Clerk – 1201 Huey Rd., Belton, TX 76513; filing civil petitions and retrieving docket information.

• Killeen Police Department Accident Reports – Request online or in person at 3304 Community Blvd., Killeen, TX 76542.

• Texas Department of Transportation Crash Records – Obtain certified crash reports statewide for evidentiary use.

• Victim Services Unit, Bell County Attorney – Guidance on criminal restitution if your injury involved an assault or DWI accident.

Understanding Texas personal injury law is only the first step. Strict deadlines, complicated comparative-fault rules, and resistant insurance carriers mean that accident victims must act quickly and strategically to preserve claims.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. You should consult a licensed Texas attorney about your specific 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.