Texas Car Accident Lawyer

Table of Contents

A Texas car accident lawyer can take the insurance fight off your plate while you focus on treatment. The Texas Chongo Personal Injury Lawyers represent people injured in collisions across the state from our Irving office. After a crash, you face medical appointments, a damaged vehicle, missed paychecks, and an adjuster asking for a recorded statement within days.

Our attorneys investigate how the collision happened, identify every party that may share responsibility, and document what your injuries have cost you. We work on a contingency fee basis, and your case evaluation is free. Call (972) 529-3476 to speak with a Texas car accident lawyer about your options.

Why Choose The Texas Chongo Personal Injury Lawyers for a Texas Car Accident Claim?

Serious collision claims turn on trial credibility. Insurers track which firms try cases and which ones always settle, and that reputation shapes what they offer.

Our team brings the following to a car accident case:

  • Board certification in personal injury trial law by the Texas Board of Legal Specialization
  • More than 100 jury trials argued to verdict over a decade-plus in practice
  • Two Top Five Texas jury verdicts, in 2012 and 2017
  • Recognition from Super Lawyers and the National Trial Lawyers Top 100
  • A Texas Lawyer "Litigator of the Week" designation
  • A 4.9 out of 5.0 rating across 136 Google reviews
  • Legal service in English and Spanish
  • Representation on a contingency fee basis, with attorney fees paid from a recovery under the signed agreement

Because our office is in Irving, we know the Dallas-Fort Worth courts well; however, we accept car accident cases from every part of Texas.

Car Crashes on Texas Roads by the Numbers

The Texas Department of Transportation publishes an annual summary of every reportable crash in the state. Its 2024 crash facts recorded the following:

  • 4,150 people killed in traffic crashes
  • 14,905 crashes causing a suspected serious injury
  • 18,218 people who sustained a suspected serious injury
  • One person killed every 2 hours and 7 minutes
  • One person injured every 2 minutes and 5 seconds

TxDOT also recorded no deathless days on Texas roadways that year. Those figures describe a system where severe collisions are routine, not rare. Insurers handle thousands of these claims annually and treat yours as one file among many.

Who Can Be Held Responsible for a Texas Car Accident?

Responsibility rarely stops with the driver in the other car. Our attorneys look for every party whose conduct or product contributed to the collision, because each one may carry separate insurance.

The At-Fault Driver

Most claims start with the driver who ran the light, followed too closely, or looked down at a phone. Proving that driver's negligence means showing a duty of care, a breach of that duty, and injuries the breach caused. Physical evidence often settles the question: Damage patterns, scene photographs, and event data recorder downloads can contradict a driver's account.

Employers and Vehicle Owners

When someone hands car keys to a person who should not be driving, Texas law can reach the owner. In Schneider v. Esperanza Transmission Co., the Texas Supreme Court set out what an injured person must prove:

  1. Entrustment of a vehicle by the owner
  2. To an unlicensed, incompetent, or reckless driver
  3. That the owner knew or should have known the driver was unlicensed
  4. That the driver was negligent on the occasion in question
  5. That the driver's negligence proximately caused the collision

This matters most when the at-fault driver carries thin coverage. A company that let an unfit employee drive a work vehicle usually carries far more.

Vehicle and Parts Manufacturers

Sometimes the crash is survivable, and the vehicle is not. Airbags that fail to deploy, seat backs that collapse, and tires that separate can turn a moderate collision into a life-altering one.

Under Section 82.005 of the Texas Civil Practice and Remedies Code, a design defect claim requires proof of a safer alternative design and that the defect was a producing cause of the harm. A safer alternative design would have prevented or significantly reduced the risk without substantially impairing the product's utility. It must also have been economically and technologically feasible when the product left the manufacturer's control.

Government Vehicles and Public Employees

Crashes involving city trucks, transit buses, and state vehicles follow separate rules. Section 101.021 makes a governmental unit liable for personal injury and death proximately caused by an employee's negligence. The harm must arise from the operation or use of a motor-driven vehicle, and the employee must be someone who would be personally liable under Texas law.

Notice deadlines in these cases are short, so tell us early if a public vehicle was involved.

Texas Traffic Laws That Shape a Car Accident Claim

A traffic statute does more than support a ticket. When a driver breaks a safety law written to protect people on the road, that violation becomes evidence in your civil case.

The Texas Distracted Driving and Texting Ban (Transportation Code § 545.4251) 

Under Section 545.4251 of the Texas Transportation Code, it is illegal to use a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.

  • First offenses carry fines between $25 and $99.
  • Subsequent offenses carry fines between $100 and $200.
  • If distracted driving causes death or serious bodily injury, the offense escalates to a Class A misdemeanor, punishable by a fine up to $4,000 and up to one year in jail.

Our firm issues subpoenas for cell phone carrier records and mobile app usage data early to establish distracted driving prior to impact.

Financial Responsibility Laws (Transportation Code Chapter 601) 

Under Section 601.053, drivers must demonstrate evidence of financial responsibility to law enforcement. Driving without insurance is a misdemeanor under Section 601.191 and is subject to fines up to $1,000 for repeat violations.

If the driver who struck you was uninsured or underinsured, we review your policy for Uninsured/Underinsured Motorist (UM/UIM) coverage and identify all third parties who share legal fault.

How Insurers Value a Texas Car Accident Claim

The Stowers Settlement Demand (American Physicians v. Garcia) 

An adjuster's first offer reflects what the insurer expects to pay if nothing changes. Texas law gives us a way to change that calculation.

Under the Stowers doctrine, an insurer that rejects a reasonable settlement demand within policy limits can be exposed to the full judgment, including amounts above those limits. In American Physicians Insurance Exchange v. Garcia, the Texas Supreme Court held that this duty activates only when three conditions are met.

  1. The claim against the insured is within the scope of policy coverage;
  2. The demand is within the applicable policy limits; and
  3. The terms of the demand are such that an ordinarily prudent insurer would accept it, considering the likelihood and degree of the insured's potential exposure to an excess judgment.

A properly drafted Stowers demand forces insurance carriers to evaluate claims seriously or risk unlimited financial exposure at trial.

Shared Fault and Your Filing Deadline

Texas follows a modified comparative responsibility rule. Under Section 33.001, you cannot recover if your share of responsibility is greater than 50 percent, and below that line, your damages are reduced by your percentage.

Two-Year Statute of Limitations (CPRC § 16.003)

Under CPRC § 16.003, injured victims have two years from the exact date of the crash to file a personal injury lawsuit. Delaying action can lead to lost video footage, repaired vehicles, and unpreserved black box data.

Frequently Asked Questions About Texas Car Accident Claims

Does Your Firm Handle Car Accident Cases Outside Dallas-Fort Worth?

Yes. Our office is in Irving, and we accept car accident cases from across Texas. Suits generally belong in the county connected to the crash or the defendant, so our attorneys handle travel and local filing requirements.

What If the Driver Who Hit Me Was Working at the Time?

That often changes what the claim is worth. An employer can be responsible for an employee driving in the course and scope of the job, and business auto policies usually carry higher limits than personal ones. Tell us about any company logo, work vehicle, or delivery app you noticed at the scene.

Can I Bring a Claim If a Defective Part Made My Injuries Worse?

Possibly. A defect claim runs alongside the claim against the at-fault driver rather than replacing it. Do not let an insurer total and dispose of your vehicle before it is inspected, because the vehicle itself is the evidence.

Does a Traffic Citation Decide Who Is Legally Responsible?

No. A citation is useful evidence, though civil responsibility is decided under a different standard than a traffic charge. Drivers who received no ticket are sometimes assigned a large share of responsibility after investigators examine the physical evidence.

How Long Do I Have to File a Car Accident Lawsuit in Texas?

Two years from the date of the crash in most injury cases, under Section 16.003 of the Civil Practice and Remedies Code. Shorter notice deadlines apply when a governmental unit is involved. Because a missed deadline usually ends a claim outright, have your dates reviewed early.

What Does It Cost to Work With Your Firm?

We handle car accident cases on a contingency fee basis, with attorney fees paid from a recovery under the terms of the signed agreement. Your case evaluation is free. Ask us to walk through the fee agreement line by line before you sign anything.

Contact a Texas Car Accident Lawyer Today

The insurance company assigned an adjuster to your crash within hours of the report. You deserve the same speed on your side of the file.

The Texas Chongo Personal Injury Lawyers investigate collisions throughout Texas, build claims on documented medical evidence, and prepare each file as though it will be tried. Board-certified in personal injury trial law by the Texas Board of Legal Specialization, attorney David Sanchez has argued more than 100 jury trials to verdict. Our team serves clients in English and Spanish from our Irving office.

Call (972) 529-3476 to speak with a Texas car accident lawyer, or send us the details of your crash for a free case evaluation. We will explain what your claim involves, which deadlines apply, and what happens next.


chevron-down