Texas Personal Injury Law Austin Guide: Know Your Rights

Estimated reading time: 11 min read

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

A serious crash on I-35, a slip on South Congress Avenue, or a workplace mishap at a booming tech campus can upend your life in seconds. Medical bills accumulate, paychecks stop, and insurance adjusters — whose priority is protecting their company’s bottom line — start calling. Understanding Texas personal injury law in Austin empowers you to safeguard your health, finances, and long-term future. This guide explains your rights under the Texas Civil Practice and Remedies Code (CPRC), common claim types (auto accidents, slip and fall, workplace injuries, defective products, wrongful death), and step-by-step strategies to maximize a fair settlement or court award.

Although every injury is unique, statewide rules apply across Travis County and the wider Central Texas region. These rules include strict two-year statutes of limitations, Texas’s 51 percent modified comparative fault standard, and damages caps in specific cases. If you miss a deadline or mishandle evidence, you may permanently lose the right to compensation. The experienced attorneys at Louis Law Group are ready to stand between you and the insurance companies so you can focus on healing. Call 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

Statute of Limitations: The Two-Year Countdown

Under CPRC §16.003, most personal injury and wrongful-death lawsuits in Texas must be filed within two years of the date of injury or death. Missing this deadline typically bars your claim, no matter how serious the harm. Limited exceptions exist for legal disabilities (minors, mental incapacity) or latent injuries (exposure to toxic substances), but you should always consult counsel well before the two-year mark to preserve critical evidence.

Negligence & Modified Comparative Fault

Texas follows a 51 percent modified comparative fault rule (CPRC §33.001). You may recover damages even if you share responsibility, so long as your fault does not exceed 50 percent. Your award is reduced by your percentage of blame. For example, if a jury awards $100,000 but finds you 10 percent at fault for distracted walking, you receive $90,000. If you are 51 percent at fault, you recover nothing.

Elements of a Negligence Claim

• Duty: The defendant owed you a legal duty (drivers must obey traffic laws, property owners must maintain safe premises).

• Breach: The defendant breached that duty through action or omission.

• Causation: The breach was the proximate cause of your injuries.

• Damages: You sustained compensable losses (medical bills, lost wages, pain and suffering).

Texas plaintiffs must prove each element by a preponderance of the evidence (more likely than not).

Common Types of Personal Injury Cases in Texas

1. Car, Truck & Motorcycle Accidents

According to the Texas Department of Transportation, Austin recorded more than 15,000 crashes in 2022, including 121 fatal collisions. Frequent causes include speeding on MoPac, distracted driving near campus, and fatigued 18-wheeler operators on SH-130. To prevail, victims must show the driver violated traffic laws or acted unreasonably. Evidence often includes police reports, crash reconstruction, dash-cam footage, and cellphone records.

2. Slip-and-Fall & Premises Liability

Businesses on bustling 6th Street must remedy wet floors or broken handrails within a reasonable time. Under Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002), plaintiffs must prove the owner had actual or constructive knowledge of the dangerous condition and failed to correct it.

3. Workplace & Construction Injuries

Texas is unique: private employers may “opt out” of the state workers’ compensation system. If your non-subscriber employer lacks coverage, you can sue directly for negligence under CPRC Chapter 406. Even when coverage exists, third-party claims (e.g., against an equipment manufacturer) may yield additional damages.

4. Defective Products

Texas imposes strict liability for dangerously defective products under CPRC §82.005. Plaintiffs must show the product was unsafe when it left the manufacturer and caused foreseeable injuries. Recent litigation in Austin has involved defective e-scooter batteries and recalled child car seats.

5. Wrongful Death

The Texas Wrongful Death Act (CPRC §71.002-71.004) permits surviving spouses, children, and parents to seek damages when a loved one dies due to another’s negligence or misconduct. Recoverable losses include loss of financial support, companionship, and mental anguish.

Texas Legal Protections & Regulations

Damages Caps

Medical Malpractice: Non-economic damages cap at $250,000 per physician and $250,000 per facility, up to $500,000 total (CPRC §74.301). Government Liability: Claims against the State of Texas or City of Austin are limited to $250,000 per person and $500,000 per occurrence for bodily injury (Texas Tort Claims Act).

Pre-Suit Notice Requirements

Certain cases require formal notice. For example, under the Tort Claims Act, you must notify the governmental unit within six months of injury. Austin city charter shortens that to 45 days. Failure to comply can kill your claim.

Bad-Faith Insurance Practices

The Texas Department of Insurance regulates insurers under the Texas Insurance Code §541 (unfair settlement practices). If an insurer delays, denies, or undervalues a claim without reasonable basis, you may pursue extra-contractual damages, including attorney’s fees and treble damages.

Recent Court Decisions Impacting Injured Texans

• In re Allstate Indem. Co., 622 S.W.3d 870 (Tex. 2021): Clarified discovery limits on medical billing records, affecting how plaintiffs prove reasonable medical expenses.

• Cameron Int’l Corp. v. Martinez, 576 S.W.3d 1 (Tex. 2019): Affirmed the admissibility of OSHA citations in product-liability suits.

Immediate Steps to Take After an Injury in Austin

Seek Medical Treatment Call 911 if warranted. Even minor pain can signal a latent injury such as a concussion or internal bleeding. Travis County EMS transports to Dell Seton Medical Center or St. David’s South Austin. Document the Scene Photograph hazards, debris, vehicle positions, and weather. Capture ID info for witnesses and the other party. File a Report For motor-vehicle crashes causing injury or $1,000+ damage, Texas Transportation Code §550.062 requires police involvement. Request the CR-3 crash report from the Austin Police Department. Preserve Evidence Save damaged property, clothes, and digital data (Fitbit logs, vehicle Event Data Recorder). Send spoliation letters to potential defendants instructing them not to destroy evidence. Avoid Recorded Statements Insurance adjusters often call within 24 hours. Politely decline until you consult with an attorney. Notify Your Insurer Most auto policies demand prompt notice. Failure may jeopardize uninsured/underinsured motorist benefits. Track Expenses & Symptoms Maintain a journal of pain levels, missed workdays, and out-of-pocket costs.

When to Seek Legal Help in Texas

While minor claims may settle with minimal negotiation, you should consult a qualified austin accident attorney immediately if:

• You suffer fractures, surgery, or permanent impairment.

• Liability is disputed or multiple parties are involved (rideshare accident, construction site collapse).

• The defendant is a government entity or out-of-state corporation.

• The insurer denies or undervalues your Texas injury claim.

Louis Law Group’s seasoned personal injury lawyers Texas handle every aspect — from investigating crash data to negotiating liens with Seton network providers. Our firm advances litigation costs, and you pay nothing unless we recover compensation for you.

Local Resources & Next Steps for Austin Residents

• Texas Department of Insurance Consumer Help Line: 800-252-3439 — file complaints against insurers.

• Travis County Civil & Family Courts Facility: 1700 Guadalupe St. — venue for most Austin injury suits.

• Third Court of Appeals: Reviews civil appeals from Travis County.

• Volunteer Legal Services of Central Texas: Free legal clinics for income-qualified residents.

• State Bar of Texas Lawyer Referral: 800-252-9690.

Ready to protect your rights? If you or a loved one suffered injuries in Austin, don’t let the insurance company dictate your future. Contact Louis Law Group at 833-657-4812 for a FREE, no-obligation case evaluation. We fight for maximum compensation so you can focus on recovery.

Disclaimer: This guide is for informational purposes only and does not create an attorney-client relationship. Laws change, and individual circumstances vary. Consult a licensed Texas attorney for personalized advice.