Austin Car Accident FAQ: Your Questions Answered by RRK Law
By: R. Kiesling, Attorney at Law | Last Updated: January 23, 2026
Been injured in a car accident in Austin or on I-35? Understanding your rights and the claims process is critical to getting the compensation you deserve. Below are answers to the most common questions about car accidents, insurance claims, and personal injury law in Texas.
What should I do immediately after a car accident in Austin?
After a car accident in Austin:
- Check for injuries and call 911 if anyone is hurt
- Move to a safe location if possible
- Call police to file an accident report
- Exchange information with other drivers (insurance, contact info, license plate)
- Document the scene with photos and videos
- Get contact information from witnesses
- Seek medical attention even if you feel fine—some injuries appear hours or days later
- Notify your insurance company
- Do NOT admit fault or sign anything from the other driver's insurance
- Contact an Austin car accident attorney before giving recorded statements
How long do I have to file a car accident claim in Texas?
In Texas, the statute of limitations for personal injury claims from car accidents is two years from the date of the accident. This means you have two years to file a lawsuit against the at-fault driver. However, if the accident resulted in a fatality, the family has two years from the date of death to file a wrongful death claim. It's critical to consult with an attorney as soon as possible—evidence disappears, witnesses forget details, and insurance companies are less cooperative as time passes.
Who is at fault in a Texas car accident?
Texas follows a modified comparative negligence rule with a 51% bar. This means you can recover damages as long as you are 50% or less at fault for the accident. Your compensation will be reduced by your percentage of fault. For example, if you're found 20% at fault and your damages are $100,000, you can recover $80,000. If you're 51% or more at fault, you cannot recover any damages. Determining fault involves police reports, witness statements, traffic laws, accident reconstruction, and other evidence.
What damages can I recover from a car accident in Texas?
In Texas car accident cases, you may recover:
- Economic damages: Medical bills, lost wages, property damage, future medical care, loss of earning capacity
- Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, physical impairment
- Punitive damages: In cases involving gross negligence or intentional conduct
Texas does not cap damages in most car accident cases, though there are caps on non-economic damages in medical malpractice cases.
Do I need a lawyer for a car accident claim?
While you're not legally required to hire a lawyer for a car accident claim, it's highly recommended if:
- You suffered significant injuries requiring extensive medical treatment
- The other driver's insurance company is denying fault or offering a low settlement
- Fault is disputed
- Multiple parties are involved
- You've lost income or ability to work
- The accident resulted in permanent injury or disability
Statistics show that injury victims who hire attorneys typically receive settlements 3-4 times higher than those who don't, even after attorney fees.
How much is my car accident case worth?
The value of your car accident case depends on multiple factors:
- Severity of injuries
- Amount of medical bills (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Degree of fault
- Insurance policy limits
- Impact on quality of life and daily activities
- Whether injuries are permanent
- Jurisdiction where the case is filed
Minor accidents with soft tissue injuries may settle for $10,000-$50,000, while cases involving severe injuries, multiple surgeries, or permanent disability can be worth $100,000 to several million dollars. An experienced Austin car accident attorney can provide a more accurate valuation after reviewing your specific case.
What if the other driver doesn't have insurance?
If the at-fault driver is uninsured, you have several options:
- File a claim under your own uninsured motorist (UM) coverage if you have it
- Sue the at-fault driver personally (though collecting may be difficult if they have no assets)
- Check if other insurance policies apply (such as commercial policies if they were working)
Uninsured motorist coverage is critical in Texas, as approximately 1 in 5 Texas drivers operates without insurance. UM coverage protects you when you're hit by an uninsured or underinsured driver.
Should I accept the insurance company's first settlement offer?
No. Insurance companies almost always make low initial settlement offers, hoping you'll accept quickly before understanding the full extent of your injuries and damages. First offers typically don't account for future medical care, long-term impacts of your injuries, or full pain and suffering compensation.
Never accept a settlement offer without:
- Completing all medical treatment or reaching maximum medical improvement
- Understanding your prognosis and any permanent impairments
- Calculating all economic losses including future expenses
- Consulting with an experienced car accident attorney
Once you accept and sign a release, you cannot go back for more money later.
How long does a car accident settlement take in Texas?
Car accident settlement timelines in Texas vary widely:
- Simple cases: 2-4 months (clear liability, minor injuries)
- Moderate cases: 6-12 months (you shouldn't settle until treatment is complete)
- Complex cases: 1-2+ years (disputed fault, severe injuries, trial)
Your attorney should prioritize getting you maximum compensation, not settling quickly for less than your case is worth.
What if I was partially at fault for the accident?
Under Texas's modified comparative negligence rule, you can still recover damages even if you were partially at fault—as long as you're 50% or less responsible for the accident. Your compensation will be reduced by your percentage of fault. For example, if you were 30% at fault and your total damages are $100,000, you would receive $70,000. However, if you're found 51% or more at fault, you cannot recover anything. This makes it critical to have an experienced attorney who can minimize your assigned fault percentage and maximize your recovery.
What are common causes of car accidents on I-35 in Austin?
I-35 through Austin is one of the most dangerous highways in Texas. Common causes of accidents include:
- Distracted driving (texting, phone use)
- Speeding and aggressive driving
- Drunk driving
- Lane-change accidents in heavy traffic
- Rear-end collisions during rush hour congestion
- Construction zone accidents
- Large truck and 18-wheeler accidents
- Failure to yield when merging
- Poor weather conditions combined with high speeds
With over 26,000 alcohol-related crashes annually in Texas, drunk driving accidents remain a leading cause of serious injuries and fatalities on Austin roads.
Do I have to give a recorded statement to the insurance company?
You are required to cooperate with your own insurance company, which may include giving a recorded statement. However, you are NOT required to give a recorded statement to the other driver's insurance company. Insurance adjusters are trained to ask questions designed to minimize your claim or get you to inadvertently admit fault. Before giving any recorded statement, consult with an Austin car accident attorney. Your attorney can handle communications with insurance companies, protecting you from tactics designed to reduce your compensation.
Legal Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Every car accident case is different. Consult with a licensed Texas personal injury attorney about your specific situation. The two-year statute of limitations is strictly enforced.
Injured in a Car Accident in Austin?
Don't settle for less than you deserve. Contact RRK Law at 512-436-2779 for a free consultation. We handle car accidents, I-35 crashes, and serious injury cases throughout Travis County.