Texas Civil Practice and Remedies Code section 72.001 limits a close relative riding free as a guest to claims for intentional conduct or heedless or reckless disregard by the driver or owner. Passengers who are not close relatives, or who paid, can bring ordinary negligence claims. Owsley Law Firm reviews passenger claims and charges no fee unless we win.
Many people believe Texas abolished its guest statute. Part of it remains. Section 72.001 still restricts claims by a passenger who is related to the driver or owner within the second degree and riding as a guest without paying.
For everyone else, including friends, coworkers, and rideshare passengers, the ordinary negligence rules apply. This page explains who the rule covers and what it means for a passenger’s claim.
What does the Texas guest passenger rule say?
A close relative riding free as a guest can recover from the driver or owner only if the collision was intentional or caused by heedlessness or reckless disregard.
The rule is narrower than many people assume. It applies only when the passenger is a close relative, is riding as a guest without payment, and is suing the related owner or operator. Change any one of those facts, such as a passenger who paid toward gas under an agreement, or a claim against a different driver, and the ordinary negligence rules may apply instead.
The relationship test uses the second degree of consanguinity or affinity under Government Code Chapter 573. That includes a spouse, parents, children, siblings, grandparents, and grandchildren, and in-laws within the same degrees.
- Spouse
- Parents and children
- Siblings
- Grandparents and grandchildren
- In-laws within the second degree
Who is not covered by the guest rule?
Passengers who are not related within the second degree, and passengers who paid for the ride.
Section 72.002 says there is no limit on the liability of an owner or operator who is not related to the guest within the second degree. Rideshare passengers pay for the trip and are not guests without payment.
Can a family passenger still recover from someone else?
Yes. The rule only limits claims against the related driver or owner. Claims against another at-fault driver are not affected.
If another driver caused the crash, a family passenger can bring an ordinary negligence claim against that driver. The passenger may also have PIP and uninsured motorist benefits under the family’s own policy.
What counts as heedless or reckless disregard?
Conduct that goes beyond ordinary carelessness, such as knowingly driving in a dangerous way despite obvious risk.
Whether conduct crosses that line is fact-specific. Extreme speed, intoxication, or racing may support the argument. A simple misjudgment usually does not.
Does the rule apply to motorcycle passengers?
Yes. Section 72.001 applies to a related guest transported in a motor vehicle without payment, which can include a passenger on a motorcycle.
A spouse or close relative riding as a passenger on a family member’s motorcycle faces the same limit against the operator. Claims against another at-fault driver are unaffected, and the passenger’s PIP and UM/UIM coverage may still apply.
Because motorcycle passengers often suffer serious injuries, the claim against any other driver involved, and the available coverage, deserve close review.
How does PIP help a passenger?
PIP on the vehicle’s policy covers passengers for medical and income losses without regard to fault, up to the limit.
PIP covers authorized operators and passengers, including guest occupants. Under Insurance Code section 1952.159, PIP paid by the driver’s insurer can be credited against a later liability claim by that passenger.
How it is proven after a crash
- Proof of the family relationship
- Whether payment was made for the ride
- Evidence of the driver’s conduct
- The other driver’s fault, if a second vehicle was involved
- PIP and policy declarations
Mistakes that cost people money
- Assuming a family passenger has no claim at all
- Overlooking a claim against the other driver
- Not using PIP benefits
- Treating ordinary carelessness as reckless without evidence
Frequently asked questions
What if I paid for gas on the trip?
Whether a contribution counts as payment for transportation depends on the facts, such as whether there was an agreement. A passenger who was not riding as a guest without payment is not limited by section 72.001.
Can I sue my spouse’s insurance after a crash?
Only if the crash was intentional or caused by heedless or reckless conduct, if you were riding free as a guest.
Does the guest rule apply to friends?
No. Friends and other unrelated passengers can bring ordinary negligence claims.
Does it apply to Uber or Lyft passengers?
No. Rideshare passengers pay for the trip.
Can a family passenger use PIP?
Yes. PIP covers passengers regardless of fault, up to the policy limit.
How long do I have to file?
Generally two years from the crash under section 16.003.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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