How long do I have to file a car accident lawsuit in Texas?

Texas gives injured people two years from the date of the accident to file a lawsuit under [CPRC Section 16.003](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). If you miss that deadline, the court will dismiss your claim regardless of its merits. Narrow exceptions exist for minors (the clock does not start until age 18) and cases where the injury was inherently undiscoverable, but those situations are rare. Do not assume an exception applies to your case without confirming it with an attorney.

What is the 51% rule in Texas car accident cases?

Texas uses proportionate responsibility under [CPRC Chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm). If your share of fault exceeds 50%, you recover nothing. At exactly 50% you can still recover, but your damages are reduced by that percentage. At 51% or more, the recovery is zero. This rule is the reason insurance adjusters work hard to attribute fault to the injured party. Their goal is often to push your fault share above the 50% line, not to accurately assess the crash.

Can I still recover if I was partly at fault?

Yes, as long as your share of responsibility does not exceed 50%. If you are found 20% at fault in a $200,000 case, you recover $160,000. The reduction is proportional. The practical concern is that insurers routinely overstate the injured party's fault percentage. An attorney's job includes challenging that assessment with evidence before it becomes the baseline for any settlement discussion.

What does a Longview car accident lawyer cost?

Morris & Dewett handles car accident cases on a contingency fee basis. You pay no attorney fees upfront and no fees at all if there is no recovery. The contingency percentage is discussed at the initial consultation. That consultation is free. The contingency model means your attorney's interest is aligned with maximizing your recovery, not billing hours.

Which hospital should I go to after a car accident in Longview?

[Christus Good Shepherd Medical Center](https://www.christushealth.org/good-shepherd) is the primary trauma hospital in Longview. It handles emergency and trauma care for the Longview area. East Texas Medical Center (ETMC) also serves the region. For serious injuries, go to the nearest emergency room immediately. For injuries that are not immediately life-threatening, urgent care facilities can provide same-day evaluation. The key is not to delay: documented same-day medical treatment prevents the insurance argument that your injuries were pre-existing or unrelated to the crash.

What if I did not feel hurt right after the accident?

Soft tissue injuries, concussions, and internal injuries frequently produce delayed symptoms. Adrenaline at the scene masks pain. Inflammation and nerve irritation from whiplash often peak 24 to 72 hours after impact, not at the moment of collision. Seeking evaluation the same day, even if you feel fine, documents the connection between the crash and any symptoms that develop later. A gap between the crash and your first medical visit is a standard insurance argument against your claim. It can be rebutted, but it is easier to avoid it entirely.

Should I talk to the other driver's insurance company after an accident?

You are not legally required to give a recorded statement to the other driver's insurer. Their adjuster is evaluating your claim, not protecting your interests. Recorded statements are used to establish contributing fault, minimize injury severity, and lock you into descriptions that may not fully capture your condition. Decline recorded statement requests until you have spoken with an attorney. You are required to notify your own insurer of the accident promptly, but the same caution applies: stick to the factual basics until you have legal guidance.

How long does a car accident claim take to resolve in Texas?

Claims involving clear liability and fully resolved injuries can settle in three to six months. Disputed liability cases, serious injuries that require reaching MMI before settlement, or cases that proceed to litigation typically take one to three years. The timeline is driven by two factors: how long your medical treatment takes and whether the insurer disputes liability or damages. Cases that settle before MMI tend to undervalue the claim. Do not let impatience push you into a premature settlement before the full picture of your injuries is known.

Longview Car Accident Lawyer

No one reads law firm websites for fun. Something happened on I-20, US-80, or one of Longview's surface streets, and now you're trying to figure out what comes next.

This page explains how car accident claims work under Texas law, what evidence matters, and how insurance disputes actually play out in Gregg County cases. Morris & Dewett has handled personal injury cases in Longview and across East Texas for more than 25 years. Take your time. Do your research. Reach out when you're ready.

How Car Accidents Happen on Longview Roads

I-20 is the dominant crash corridor in Longview. The interstate carries a constant mix of passenger vehicles and commercial freight, and the volume creates conditions where recognition errors and decision errors compound each other. According to NHTSA, driver error accounts for 94% of all crashes. Recognition errors (distraction, inadequate surveillance) make up 41% of that total. Decision errors (speeding, misjudging gaps) account for another 33%.

US-80 and Loop 281 see their own patterns. US-80 runs through dense commercial stretches where rear-end collisions at signalized intersections are common. Loop 281 carries traffic between residential areas and employment centers, with speed differentials creating merge and lane-change crashes. Eastman Road, near the Eastman Chemical facility, sees significant congestion during shift changes.

The commercial truck traffic on I-20 creates a specific problem. When a passenger vehicle and a semi-truck collide, the injury dynamics are fundamentally different from a two-car crash. If a commercial driver was involved in your accident, the legal issues are different too. See our page on Longview truck accident lawyers for that specific context.

Ask any attorney you consult about their experience with the specific crash type and location you were involved in. An attorney handling cases near I-20 should understand the freight patterns, the TxDOT crash data, and the common defendant profiles in that corridor.

Texas Fault Rules and What They Mean for Your Case

Proportionate responsibility governs every car accident claim in Texas. This matters from the first insurance call.

To establish liability at all, four elements must be proven: duty (the other driver had an obligation to operate safely), breach (they failed that obligation), causation (the breach caused the collision), and damages (you suffered actual harm). Insurers attack each element. Most often they attack causation and fault percentage.

The 51% bar under CPRC Section 33.001 is the critical threshold. At exactly 50% fault, you recover your damages reduced by half. At 51% or more, you recover nothing. Insurance adjusters build their dispute strategy around pushing your fault share above that line. Speeding, following too closely, cell phone use, and failure to wear a seatbelt are all used to argue your contribution.

Texas also permits defendants to designate responsible third parties under CPRC Section 33.004. If the defendant identifies another party as partly responsible, you have 60 days to add that party to the lawsuit. Missing that window can limit your recovery. Ask any attorney you consult how they monitor and respond to third-party designations in the cases they handle.

Texas Auto Insurance Minimums and Coverage Gaps

Texas requires every driver to carry minimum liability coverage of $30,000 per person, $60,000 per accident, and $25,000 in property damage under Tex. Transp. Code 601.072. Those are the 30/60/25 minimums. Many drivers carry only what the law requires.

A single hospitalization for a serious injury can exceed the per-person limit within days. When the at-fault driver's coverage is exhausted, your own UM/UIM coverage becomes the primary source of recovery.

Under Tex. Ins. Code Chapter 1952, insurers must offer UM/UIM with every auto policy. If you did not reject it in writing, you likely have it. Review your declarations page now, before you need to use it.

The Stowers doctrine is the other important pressure point. If the insurer refuses a reasonable settlement demand within policy limits and a verdict later exceeds those limits, the insurer bears responsibility for the excess. The at-fault driver's personal exposure is absorbed by the insurer's breach. Ask any attorney you consider whether they have experience evaluating and triggering Stowers obligations. See the Longview injury lawyers hub for an overview of how we approach coverage issues across all case types.

Who Can Be Held Liable for a Longview Car Accident?

The driver who caused your crash is the primary defendant. They are not always the only one.

If the driver was working at the time of the collision, their employer may be jointly liable under the doctrine of respondeat superior. This matters because employers typically carry substantially higher insurance limits than individual drivers.

Vehicle owners face liability under negligent entrustment when they let someone else drive their car. If the at-fault driver was using a borrowed vehicle, both the driver and the owner may be defendants.

Government entity liability applies when a defective road condition contributed to the crash. Missing signage, poor drainage on Loop 281, a broken signal at an I-20 interchange, or inadequate lane markings on a TxDOT-maintained road can support a separate claim. These claims have different notice requirements and shorter windows than standard personal injury suits. If a road condition played a role in your crash, that issue needs to be evaluated early.

Dram shop claims arise when a bar or restaurant served an obviously intoxicated person who then caused a crash. Under Tex. Alc. Bev. Code Section 2.02, that establishment can be held liable. Dram shop claims require specific evidence about the server's observations and the patron's condition at the time of service.

Evidence That Determines What Your Case Is Worth

The crash report is the starting document for any claim. If Longview Police Department responded, you request the report from LPD. If the crash occurred in an unincorporated area of Gregg County, the Gregg County Sheriff's Office handled it. The report contains contributing factor codes, fault assessments, and the officer's narrative. None of those are final. Insurers challenge them. Your attorney can challenge them too, with physical evidence and expert analysis.

Dashcam footage is often decisive. Your own vehicle, the other driver's vehicle, and businesses along I-20 and US-80 may all have relevant footage. Preservation demands must go out quickly. Businesses typically overwrite footage within 30 to 72 hours. Once it is gone, it cannot be recovered.

Cell phone records establish whether the other driver was texting or calling at the time of impact. Obtaining those records requires a subpoena or a preservation demand served promptly. Medical records from Christus Good Shepherd Medical Center or East Texas Medical Center (ETMC) establish the nature and extent of your injuries. The documentation from your initial evaluation sets the foundation for every subsequent claim calculation.

ECM data from the at-fault vehicle records speed, braking, and throttle in the moments before impact. Physical evidence and eyewitness accounts collected at the scene round out the evidentiary picture. Photos of vehicle damage, skid mark patterns, road conditions, signal timing, and sight lines all matter. Ask any attorney you speak with what their evidence preservation protocol looks like in the first 48 hours after they are retained.

What Should You Do After a Car Accident in Longview?

Texas law requires you to stay at the scene of an accident involving injury or significant property damage. Leaving when someone is injured is a criminal offense under Tex. Transp. Code 550.021. Call 911 when there are injuries, deaths, or damage that makes a vehicle undriveable.

While you are at the scene, document what you can. Collect the other driver's name, license number, insurance carrier, and policy number. Photograph the vehicle positions, damage, skid marks, and any visible road conditions. Collect names and contact information from witnesses before they leave. Their recollections are most reliable immediately after the crash.

Seek medical evaluation the same day, even if you do not feel seriously hurt. Soft tissue injuries, concussions, and internal injuries often do not produce acute symptoms at the scene. A delayed medical visit gives insurers a gap to argue that your injuries were not caused by the crash.

Do not give a recorded statement to the other driver's insurance company without speaking to an attorney first. Adjusters are trained to ask questions that establish contributing fault or minimize injury severity. You are not required to provide one.

The Texas statute of limitations for personal injury is two years from the date of the accident under CPRC Section 16.003. Missing that deadline eliminates your right to sue, regardless of how strong your case is. There are narrow exceptions for minors and certain discovery rule situations, but the two-year clock is the default rule.

Medical Expenses and the Texas Collateral Source Rule

Texas modified the traditional collateral source rule. Under CPRC Section 41.0105, recovery of medical expenses is limited to amounts actually paid or incurred. The Texas Supreme Court addressed this in Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2012). If your health insurer negotiated a reduced rate, you generally cannot recover the full billed amount. You recover the amount actually accepted as payment.

This makes your billing records, Explanation of Benefits documents, and payment receipts critical. They establish the recoverable medical expense figure. Collect and preserve them from every provider, including emergency services, imaging centers, and specialists.

Future medical expenses require expert testimony. A treating physician or life care planner must project ongoing treatment needs and their cost. Cases involving surgery, rehabilitation, chronic pain management, or permanent impairment require this analysis to capture the full economic picture.

MMI is the standard benchmark for evaluating a case. Settling before MMI means settling without knowing the full picture. Insurance companies often push early settlements for exactly that reason.

For cases involving fatalities, the claims structure changes significantly. See our page on Longview wrongful death lawyers for that specific context.

Working With a Longview Car Accident Attorney

Morris & Dewett handles car accident cases in Longview and throughout East Texas. We work on a contingency fee basis. No fee unless there is a recovery. The initial consultation is at no charge.

Our case investigation follows a specific protocol. Preservation demands go out within 24 to 48 hours of retention to secure dashcam footage, ECM data, and any business surveillance video. Medical record requests are sent simultaneously. When liability is disputed, we work with accident reconstruction experts who can establish speed, impact dynamics, and fault percentages using physical evidence rather than relying on the crash report alone.

Morris & Dewett attorneys carry AV Preeminent ratings from Martindale-Hubbell, the highest peer-review rating in the legal profession. Our attorneys are listed in Super Lawyers. The firm has practiced in East Texas for more than 25 years. That is a verifiable record. View our case results to see the outcomes we have achieved.

Ask any attorney you consult how their office handles day-to-day file management. Ask how often you will receive updates and what happens when an insurer makes a lowball offer. Those answers tell you more about what to expect than any credential list. Learn more about Morris & Dewett.

Frequently Asked Questions

How long do I have to file a car accident lawsuit in Texas?: Texas gives injured people two years from the date of the accident to file a lawsuit under [CPRC Section 16.003](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). If you miss that deadline, the court will dismiss your claim regardless of its merits. Narrow exceptions exist for minors (the clock does not start until age 18) and cases where the injury was inherently undiscoverable, but those situations are rare. Do not assume an exception applies to your case without confirming it with an attorney.
What if the other driver had no insurance?: If the at-fault driver carried no insurance, your own uninsured motorist (UM) coverage under [Tex. Ins. Code Chapter 1952](https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm) is the primary recovery source. Texas insurers must offer UM/UIM with every auto policy. If you did not reject it in writing, you likely have it. Review your declarations page to confirm the coverage amount. If neither you nor the at-fault driver has applicable coverage, a direct lawsuit against the driver is still an option, though collection depends on their assets.
What is the 51% rule in Texas car accident cases?: Texas uses proportionate responsibility under [CPRC Chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm). If your share of fault exceeds 50%, you recover nothing. At exactly 50% you can still recover, but your damages are reduced by that percentage. At 51% or more, the recovery is zero. This rule is the reason insurance adjusters work hard to attribute fault to the injured party. Their goal is often to push your fault share above the 50% line, not to accurately assess the crash.
Can I still recover if I was partly at fault?: Yes, as long as your share of responsibility does not exceed 50%. If you are found 20% at fault in a $200,000 case, you recover $160,000. The reduction is proportional. The practical concern is that insurers routinely overstate the injured party's fault percentage. An attorney's job includes challenging that assessment with evidence before it becomes the baseline for any settlement discussion.
What does a Longview car accident lawyer cost?: Morris & Dewett handles car accident cases on a contingency fee basis. You pay no attorney fees upfront and no fees at all if there is no recovery. The contingency percentage is discussed at the initial consultation. That consultation is free. The contingency model means your attorney's interest is aligned with maximizing your recovery, not billing hours.
Which hospital should I go to after a car accident in Longview?: [Christus Good Shepherd Medical Center](https://www.christushealth.org/good-shepherd) is the primary trauma hospital in Longview. It handles emergency and trauma care for the Longview area. East Texas Medical Center (ETMC) also serves the region. For serious injuries, go to the nearest emergency room immediately. For injuries that are not immediately life-threatening, urgent care facilities can provide same-day evaluation. The key is not to delay: documented same-day medical treatment prevents the insurance argument that your injuries were pre-existing or unrelated to the crash.
What if I did not feel hurt right after the accident?: Soft tissue injuries, concussions, and internal injuries frequently produce delayed symptoms. Adrenaline at the scene masks pain. Inflammation and nerve irritation from whiplash often peak 24 to 72 hours after impact, not at the moment of collision. Seeking evaluation the same day, even if you feel fine, documents the connection between the crash and any symptoms that develop later. A gap between the crash and your first medical visit is a standard insurance argument against your claim. It can be rebutted, but it is easier to avoid it entirely.
Should I talk to the other driver's insurance company after an accident?: You are not legally required to give a recorded statement to the other driver's insurer. Their adjuster is evaluating your claim, not protecting your interests. Recorded statements are used to establish contributing fault, minimize injury severity, and lock you into descriptions that may not fully capture your condition. Decline recorded statement requests until you have spoken with an attorney. You are required to notify your own insurer of the accident promptly, but the same caution applies: stick to the factual basics until you have legal guidance.
How long does a car accident claim take to resolve in Texas?: Claims involving clear liability and fully resolved injuries can settle in three to six months. Disputed liability cases, serious injuries that require reaching MMI before settlement, or cases that proceed to litigation typically take one to three years. The timeline is driven by two factors: how long your medical treatment takes and whether the insurer disputes liability or damages. Cases that settle before MMI tend to undervalue the claim. Do not let impatience push you into a premature settlement before the full picture of your injuries is known.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.