It depends on the evidence of fault, the proof of injury, and the insurance available. In a Texas civil case you must prove your claim by a preponderance of the evidence, meaning more likely than not, which is a lower bar than in a criminal case.
A car accident lawsuit is a negligence claim. You have to show the other driver failed to use the care a reasonable driver would use, and that this failure caused your injuries and losses. The standard of proof is a preponderance of the evidence: the jury must find your version more likely true than not.
Fault evidence is the first battleground. A rear-end collision, a red-light violation captured on video, or a citation for failing to yield makes liability easier to prove. Disputed lane changes, intersection crashes with conflicting witnesses, and multi-car pileups are harder. Under Chapter 33 of the Civil Practice and Remedies Code, a jury can split fault, which reduces your recovery by your share and bars it at 51 percent.
Proof of damages is the second. Medical records, doctors' opinions on causation and future care, wage records, and testimony about how the injury changed daily life carry this part. Gaps in treatment and inconsistent descriptions of symptoms make it harder; prompt, steady care makes it easier.
Collecting is the third practical question. Texas requires only 30/60/25 in liability coverage under Transportation Code section 601.072, so a verdict above the at-fault driver's limits may not be collectible unless other coverage, like your own underinsured motorist coverage or an employer's policy, applies.
Most cases resolve without a trial, through negotiation or mediation, and the strength of the evidence on these three points drives the result. Owsley Law Firm evaluates each one at the free case review and charges no fee unless it wins.
What to do, step by step
- Preserve the evidence on fault: photos, video, witness names, and the crash report.
- Treat consistently so the injury record is complete.
- Identify every insurance policy that could pay.
- File before the two-year deadline if the insurer will not resolve the claim.
Many Texas courts order mediation before trial. A neutral mediator meets with both sides and helps them negotiate, and many cases settle there.
The defense will test both fault and damages through discovery: written questions, document requests, depositions, and sometimes an examination by a doctor of its choosing. Preparation for each step affects the result.
Mistakes that cost people money
- Waiting until the deadline is close to involve a lawyer.
- Treating inconsistently or describing symptoms differently to different providers.
- Ignoring the coverage limit when evaluating the case.
Related questions
What does preponderance of the evidence mean?
More likely than not. It is the civil standard, lower than the criminal standard of beyond a reasonable doubt.
Do most car accident cases go to trial?
Most resolve through negotiation or mediation, but a case should be prepared as if it will be tried.
Can I win if I was partly at fault?
Yes, if your share is 50 percent or less, with your recovery reduced by that share.
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