Suing After a Car Accident in Texas: What Arizona Drivers Should Expect

Driving between Arizona and Texas is common for work, family, or long-distance travel. But what happens if you’re involved in a serious crash while driving in Texas? Laws vary from state to state, and the process for filing a lawsuit in Texas differs from what Arizona drivers may be used to.

The Tempe car accident attorney team explains how Texas handles accident claims, what Arizona drivers should know before suing, and how this might impact your recovery.

Texas Is a Fault-Based State Like Arizona

Texas, like Arizona, uses a fault-based system for car accidents. This means the driver who caused the crash is financially responsible for paying for damages, including medical expenses, lost income, property damage, and pain and suffering.

However, just because both states use fault-based systems doesn’t mean their laws are identical. Texas has its own deadlines, comparative fault rules, and court procedures.

Texas’ Modified Comparative Fault Rule

One key difference is how Texas handles shared fault. Texas uses a modified comparative fault system with a 51% bar. This means:

• If you are 50% or less responsible for the crash, you can still recover damages, reduced by your percentage of fault.

• If you are 51% or more responsible, you cannot recover any damages at all.

This differs from Arizona’s pure comparative fault system, which allows drivers to recover compensation even if they were 99% at fault, though reduced accordingly.

For Arizona drivers, this means proving fault is even more critical when pursuing a Texas claim.

Where Do You File the Lawsuit?

If your accident happened in Texas, your lawsuit will typically need to be filed in Texas, not Arizona. This is because courts generally have jurisdiction where the accident occurred.

For example:

• If you were rear-ended in Dallas, the case would be handled in a Texas court.

• If multiple parties were involved (e.g., a commercial vehicle), federal jurisdiction might come into play, but it will still usually be based in Texas.

Texas Statute of Limitations

Texas has a two-year statute of limitations for car accident lawsuits, similar to Arizona. This means you have two years from the date of the crash to file a lawsuit.

However, if a government vehicle is involved, you may have to file a notice of claim within a much shorter time frame—sometimes as little as six months. That’s important to know if your crash involved municipal vehicles or other public employees.

Minimum Insurance Requirements in Texas

Texas requires drivers to carry at least:

• $30,000 for bodily injury per person

• $60,000 for bodily injury per accident

• $25,000 for property damage

These minimums are slightly higher than Arizona’s. However, they may still be insufficient for serious crashes involving extensive injuries or multiple vehicles. If the at-fault driver only has minimum coverage, your uninsured/underinsured motorist protection could be critical to filling in the gap.

Special Considerations for Out-of-State Drivers

Arizona drivers injured in Texas often face unique challenges, such as:

• Traveling for court appearances: You may need to return to Texas for depositions, hearings, or trial.

• Coordination between insurance companies: Arizona and Texas insurers may have different claim handling procedures.

• Different legal culture and jury attitudes: Texas courts can vary regionally, and jury awards may differ significantly between urban and rural areas.

Commercial Vehicle Accidents in Texas

Texas has a high volume of commercial traffic, including semi-trucks and oil industry vehicles. If you were injured in a crash involving a commercial vehicle, the claim may be more complex, involving federal regulations, multiple corporate defendants, and higher insurance coverage limits.

These cases can involve advanced accident reconstruction and additional evidence, such as driver logs and maintenance records, which often differ from what Arizona drivers experience in a standard collision.

Recoverable Damages in Texas

If your lawsuit is successful, you may be able to recover:

• Medical expenses (emergency care, hospital bills, physical therapy)

• Lost wages and loss of future earning capacity

• Property damage to your vehicle and personal items

• Pain and suffering and other non-economic damages

In rare cases involving gross negligence—such as a drunk driving crash—you may also be able to pursue punitive damages under Texas law.

Steps to Take After a Texas Crash

1. Get a Police Report: Texas law requires reporting accidents with injuries or significant property damage.

2. Document Evidence: Take photos of the scene, gather witness information, and keep medical and repair records.

3. Notify Your Insurance Company: Let them know you were in an out-of-state crash so they can coordinate coverage.

4. Seek Prompt Medical Care: Some injuries, like spinal cord trauma or traumatic brain injuries, may not be obvious immediately.

Final Thoughts

Suing after a car accident in Texas as an Arizona driver requires understanding the differences between state laws. While both states use a fault-based system, Texas’ 51% bar for recovery, unique insurance minimums, and jurisdictional issues can impact your case.

If you’re hit while driving through Texas, document everything, file your claim quickly, and be prepared for potential travel to handle legal proceedings. Knowing these differences ahead of time can help you protect your rights and avoid surprises during the claims process.