Austin Car Accident Lawyer

A car accident can leave you with injuries, a damaged vehicle, and an insurance adjuster calling before you have even seen a doctor. An Austin car accident lawyer can explain the Texas rules that decide your claim and the deadlines that start running the day of the crash.
Breeland Injury Law is led by attorney Matt Breeland, who knows how auto insurers build their defense because he once worked alongside them. Call 512-764-3380 or contact us for a free consultation about your crash.
Why Choose Breeland Injury Law as Your Austin Car Accident Attorney

You get an attorney who has seen an auto insurer’s playbook from the inside. Matt Breeland spent eight years on the defense side of injury cases at Austin firms before switching sides in 2016. He knows the recorded-statement requests, early offers, and fault arguments that usually come first after a crash, and he prepares for them from day one.
That preparation carries into the courtroom. In 2019, as lead trial counsel, Matt obtained a verdict that TopVerdict.com ranked among the 50 largest motor vehicle jury verdicts in Texas that year.
Just as important, you will always know where you stand. You meet with Matt directly at your free consultation, and he gives honest answers about what a case involves, even when the answer is not the one you hoped for.
Types of Car Accidents We Handle in Austin
How a crash happens often decides who is at fault and which insurance policy responds. We handle claims involving:
- Rear-end collisions: Often the result of following too closely or distracted driving, and a frequent cause of neck and back injuries.
- Head-on collisions: Among the most violent crashes, often involving a wrong-way or impaired driver.
- T-bone and side-impact collisions: Frequently caused by a driver who runs a red light or fails to yield at an intersection.
- Single-vehicle crashes: These can still support a claim when a road hazard or another driver who swerved into your lane played a role.
- Rideshare accidents: Crashes involving Uber and Lyft drivers, whether you were a passenger or in another vehicle.
- Drunk driving accidents: Crashes caused by an impaired driver, which can raise additional legal claims.
- Hit-and-run accidents: Reporting the crash to police quickly helps preserve a claim even when the other driver is never found.
- Commercial vehicle accidents: Crashes involving delivery trucks, company vans, and fleet vehicles, where an employer and its insurer may share responsibility.
Understanding Texas Car Accident Laws
A handful of Texas rules shape almost every Austin car accident claim, from who pays to how long you have to act.
Texas’s Modified Comparative Fault Rule (51% Bar Rule)
Texas lets you recover damages even if you were partly to blame, as long as your share of responsibility is not more than 50%. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant whose percentage of responsibility is greater than 50% recovers nothing. For a claimant who clears that bar, Section 33.012 reduces the damages by the claimant’s own percentage.
Statute of Limitations for Car Accident Claims in Texas
In most cases, a car accident lawsuit in Texas must be filed within two years. Section 16.003 of the Texas Civil Practice and Remedies Code starts that clock when the legal claim arises, which after a car crash is usually the day of the collision. The statute lists a few exceptions, and when a crash is fatal, the family’s two years run from the date of death. A lawsuit filed after the deadline is generally barred, no matter how strong the claim.
Special Deadlines for Claims Against the City of Austin or TxDOT
Claims against a government entity run on a much shorter clock. Under Section 101.101 of the Texas Civil Practice and Remedies Code, a governmental unit, such as the Texas Department of Transportation (TxDOT) or Travis County, is generally entitled to written notice of a claim within six months of the incident. The notice must reasonably describe:
- The damage or injury claimed
- The time and place of the incident
- The incident itself
The same law allows a city’s charter to set a shorter notice period, and Austin’s charter does. The City of Austin asks for a written claim within 45 days of the incident. These notice rules generally do not apply when the government already had actual notice of the death, injury, or property damage, though whether that exception fits depends on the facts.
If a City vehicle, a City-maintained street, or a TxDOT work zone may have played a role in your crash, that shorter window makes early action especially important.
Minimum Insurance Requirements in Texas
Section 601.072 of the Texas Transportation Code sets the minimum liability coverage every Texas driver must carry:
| Coverage | Texas minimum |
| Bodily injury, one person, one collision | $30,000 |
| Bodily injury, two or more people, one collision | $60,000 |
| Property damage, one collision | $25,000 |
When two or more people are hurt in the same crash, each person’s share of that second limit is still capped at the single-person amount. A serious injury can use up a minimum policy quickly, which is where your own underinsured motorist coverage comes in.
Where Austin Car Accidents Happen Most
Crashes can happen on any street, but a few corridors combine heavy traffic, frequent merging, and sudden slowdowns:
- I-35: Austin’s main north-south route, where heavy volume and ongoing construction make abrupt braking common.
- MoPac Expressway (Loop 1): Express lanes, short entry ramps, and rush-hour backups create constant merging.
- US 183 and Research Boulevard: A high-speed commuter route with busy interchanges.
- Lamar Boulevard, South Congress Avenue, and Airport Boulevard: Surface streets with frequent intersections, turning traffic, bus stops, and pedestrians.
- High-density districts: The University of Texas (UT) campus, East Riverside, the Domain, and downtown around Sixth Street add cyclists, scooters, and rideshare pickups to the mix.
Work zones add their own complications. Construction zone crashes on I-35, including those along the Capital Express project, can involve TxDOT or one of its contractors, which brings the government notice deadlines into play and can add another party who may be responsible.
What Compensation Can I Recover After a Car Accident in Austin?
Depending on the facts, a Texas car accident claim can include three kinds of damages:
- Economic damages: Medical bills now and in the future, lost wages, lost earning capacity, and the cost to repair or replace your vehicle.
- Noneconomic damages: Physical pain, mental anguish, physical impairment, and loss of enjoyment of life.
- Exemplary damages: A penalty for serious misconduct, which Texas law generally allows only on clear and convincing evidence of fraud, malice, or gross negligence.
A drunk driving crash can support a finding of gross negligence, but the evidence still has to meet that standard. Keeping repair estimates, receipts, and pay stubs from the start makes every economic loss easier to prove.
What to Do After a Car Accident in Austin
The minutes and days after a crash matter for your health and for your claim. These steps help protect both:
- Check for injuries and get to safety: Move out of traffic if you can do so safely, and turn on your hazard lights.
- Call 911 and report the crash: Texas law requires a driver to notify police right away when a crash injures or kills someone or leaves a vehicle unable to be driven normally and safely.
- Exchange information: Get names, phone numbers, insurance details, and license plate numbers for every driver involved.
- Document the scene: Photograph vehicle damage, skid marks, traffic signals, road conditions, and where each car came to rest.
- Get witness contact information: An independent witness can settle a dispute over who had the light or who changed lanes.
- See a doctor promptly: Adrenaline can mask pain, and symptoms of whiplash or a concussion may not appear until the next day.
- Keep records of everything: Save medical bills, repair estimates, rental car costs, and proof of missed work.
- Consider legal advice before giving a statement: Many people wait to give the other driver’s insurer a recorded statement until they have spoken with a lawyer, since early statements are often used to reduce a claim.
Common Injuries From Car Accidents
Car crashes cause injuries ranging from soft tissue strains to permanent damage. Common car accident injuries include:
- Whiplash and soft tissue injuries: Strains that can linger for months and sometimes develop into longer-term neck and back injuries.
- Broken bones: From wrist and rib fractures to breaks that need surgery and hardware.
- Traumatic brain injuries: Including concussions, which can affect memory, concentration, and mood long after the crash.
- Spinal cord injuries: Damage that can cause loss of sensation, loss of movement, or paralysis.
- Burn injuries: Caused by vehicle fires, hot surfaces, or chemicals released in a crash.
- Wrongful death: When a crash is fatal, the surviving spouse, children, and parents may bring a claim for their own losses.
Dealing With Insurance Companies After an Austin Car Accident
The other driver’s insurer has its own job to do, and protecting your claim is not part of it. Adjusters often call early, ask for a recorded statement, and look for details that lower the value of the claim.
Should I Accept a Quick Settlement Offer?
In most cases, not until the full extent of your injuries is known. An early offer usually arrives while your bills are still coming in, and it is based on the treatment so far rather than the care still ahead. Accepting it means signing a release, the document that closes a claim permanently in exchange for payment.
What If the At-Fault Driver Is Uninsured or Underinsured?
Your own uninsured/underinsured motorist (UM/UIM) coverage is often the next place to look. Under Section 1952.101 of the Texas Insurance Code, an insurer cannot issue an auto liability policy in Texas without providing this coverage, unless a named insured rejected it in writing. Your declarations page shows whether you have it and how much.
A UM/UIM claim is filed against your own insurer, but it is still adversarial, because your company steps into the at-fault driver’s shoes when it evaluates the claim. We handle uninsured and underinsured driver claims with the same preparation as any other crash case.
Can I Still Recover If I Was Partially at Fault?
Yes, as long as your share stays at 50% or below. The practical fight is over the percentage itself. Adjusters often point to speed, lane position, or a late brake to push your share higher, since each point moves money off their side of the ledger. Photos, witness accounts, and the crash report are what push back.
How Long Does a Car Accident Claim Take in Austin?
The vehicle damage claim often wraps up first, while the injury claim takes longer because its value depends on how your recovery goes. The injury side generally moves through these stages:
- Medical treatment: A claim is rarely valued until you finish treatment or reach maximum medical improvement (MMI), meaning your doctors do not expect your condition to change much further.
- Building the demand: Medical records, bills, and proof of lost income are gathered and sent to the insurer with a settlement demand.
- The insurer’s response: The adjuster accepts, rejects, or counters the demand, and a second insurer may be involved if your own UM/UIM coverage applies.
- Negotiation or a lawsuit: Many claims settle at this stage. When they do not, filing suit adds discovery, depositions, and possibly a trial.
The two-year filing deadline keeps running throughout, so a long recovery does not buy extra time to file.
Ask A Car Crash Lawyer | Frequently Asked Questions
Check whether anyone is hurt, and call 911 if someone is. If no one is injured and your car can still be driven, Texas law generally expects drivers to move out of the main travel lanes to a safe spot nearby, which also lowers the risk of a second collision on roads like I-35 or MoPac. Photos and witness names can wait a few minutes. Getting yourself and your passengers out of danger cannot.
No. Texas law requires drivers to report certain crashes and exchange information, not to decide who caused them. Fault is sorted out later based on the evidence, so many people stick to the facts at the scene and avoid apologizing or guessing about what happened.
Your first conversation with us costs nothing. We offer a free consultation, where Matt Breeland can review your crash, answer your questions, and explain how fees would work before you decide anything.
It is too early to say at the start. The value of a car accident claim depends mostly on the medical record: the treatment you needed, what it cost, and the care your doctors expect you to need later. Lost income, the lasting effect on your daily life, and any share of fault assigned to you also move the number.
A few situations can change the usual two-year answer. For an injured child, Texas generally pauses the deadline until the child turns 18, and a claim against a government unit carries an earlier notice requirement that comes first. Opening a claim with an insurance adjuster is also not the same as filing a lawsuit, so an open claim does not stop the clock from running.
Yes, and in a crash involving several drivers, responsibility is divided among all of them, not just between you and one other person. A jury can even assign a share to someone who is not part of the lawsuit, such as a driver who already settled. Any settlement money already received from one party is credited against what the others owe, so the percentages across the whole crash, not only your own, shape the final number.
The insurance that applies depends on what the driver’s app was doing at the moment of the crash. When the app is off, the driver’s personal auto policy generally applies. When the driver is logged in and waiting for a ride request, Texas requires coverage of at least $50,000 per person, $100,000 per incident, and $25,000 for property damage. During an accepted ride, the required coverage rises to $1 million per incident. Because timing decides which layer pays, the app’s trip records often become key evidence.
Missing the notice window is a common problem, but it is not the only difference. The Texas Tort Claims Act allows claims against the government only in limited situations, such as injuries caused by a government employee’s use of a motor vehicle or by certain road defects, and it caps the damages a governmental unit can be required to pay.
A private construction contractor may also share responsibility for a work zone crash, although Texas law gives highway contractors a defense when their work complied with TxDOT’s contract requirements. Sorting out which rules apply usually starts with finding out who controlled that stretch of road.
How long a case takes mostly comes down to a few factors: how long treatment lasts, whether the insurer disputes fault, how many insurers are involved, and whether the case has to be filed in court. A claim with clear liability and a completed recovery can sometimes resolve in months, while a disputed claim that goes into litigation can take a year or more. We give clients a realistic estimate once the medical picture is clear, rather than a guess at the first meeting.
Your own policy may still pay in more than one way. Personal injury protection (PIP), which Texas insurers must include unless you rejected it in writing, pays medical bills and part of your lost income regardless of who caused the crash, with at least $2,500 in coverage. If the driver fled and was never identified, uninsured motorist coverage in Texas generally requires proof that the other vehicle actually made contact with yours, so photos of the damage and a prompt police report matter even more.
Contact an Austin Car Accident Lawyer Today
The days after a crash are full of phone calls, forms, and decisions you never expected to make, and the deadlines keep running in the background. At Breeland Injury Law, Matt Breeland can review your crash, explain which rules apply, and help you decide what comes next.
Bring your crash report number, photos, and any bills you have received. Call 512-764-3380 or contact us today to schedule a free consultation with an Austin car accident lawyer.
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Attorney Matt Breeland
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