Accidents in Austin, Texas: Statistics, Laws & Legal Help (2026)
- Car Accidents in Austin
- Dog Bites in Austin
- Workplace Injuries in Texas
- Texas Personal Injury Laws
- Common Types of Personal Injury Claims in Austin
- Filing a Personal Injury Claim
- Typical Personal Injury Settlement Amounts in Texas
- When You Need to File a Lawsuit
- Get Matched With a Personal Injury Lawyer in Austin
Summary
- Accidents can happen anywhere in Austin. Whether you’re injured in a car crash or a workplace accident, understanding your legal rights is critical.
- You can’t recover compensation in Texas if you’re 51% or more at fault. Even if you’re less than 51% responsible, your compensation is reduced by your percentage of fault.
- You have two years to file a personal injury lawsuit in Texas. The clock starts ticking on the day you’re injured, with only narrow exceptions.
Austin just keeps growing, whichinvariably brings more traffic, more workers, and more accidents. Whether you’re dealing with a slip and fall or a dog bite, knowing your rights can be critical for recovering what you deserve.
Our guide walks you through the Texas personal injury laws that protect you. Learn how to file a claim in Texas and pursue compensation.
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Car Accidents in Austin
Some crashes can ruin your day, like a fender bender during rush hour. Others can forever change your life and family. Understanding where most crashes happen in Austin and what causes them can help you stay safer on the road and know your rights.
How Many Car Accidents Happen in Austin Each Year?
With a population just under 1 million, your chances of being involved in a crash in Austin are higher than you might think. The city sees roughly 27 car crashes every day. In 2024 alone, Austin recorded over 10,000 total car accidents and 103 traffic fatalities.
What Causes Most Car Accidents in Austin?
Some of the leading causes of crashes in Austin include speeding, distracted driving, and drunk driving. Speed can be deadly on State Highway 130, which allows 85 mph, the fastest speed limit in America.
What Are the Most Dangerous Roads in Austin?
Interstate 35 saw 643 fatalities between 2018 and 2022, making it the second-deadliest highway in Texas. If you commute on I-35, you know firsthand how the high speeds, heavy trucking traffic, and constant congestion can create a deadly mix.
State Highway 130 is the fastest road in the U.S. And at least 37 people have paid the ultimate price and died on its 80 and 85 mph stretches.
What Intersections Have the Most Crashes in Austin?
Some intersections in Austin see many more crashes than others. The city’s Vision Zero program has identified the following as particularly dangerous spots in Austin:
- North Lamar and Parmer Lane
- South Pleasant Valley and Elmont Drive
- Riverside Drive and Willow Creek Drive
These intersections made the list due to their high crash rates and history of serious injuries.
How Many Pedestrian and Cyclist Fatalities Occur in Austin?
If you walk or bike in Austin, you’re particularly vulnerable on the road, as you lack the protection of a steel cage. In 2023 alone, Travis County reported 57 pedestrian deaths and eight cyclist deaths out of 198 total motor vehicle fatalities.
And more than 40% of people killed or seriously injured in Austin crashes were pedestrians, cyclists, motorcyclists, or e-scooter riders.
Dog Bites in Austin
Dog bites are sometimes trivialized, but the consequences of a dog attack can be physically and psychologically devastating for victims. A single attack can leave you with painful injuries, steep medical bills, and emotional trauma that lasts long after your injuries heal. While Texas law does give you options for holding negligent dog owners accountable, the rules can be confusing.
How Common Are Dog Bites in Austin?
Severe dog attacks in Austin have been climbing sharply in recent years. In 2023, the city recorded more than 130 “severe bite incidents,” compared to 2017-2020, when there were only 70 recorded incidents. That means dog bite incidents have nearly doubled in just a few years.
And severe bite incidents don’t mean harmless nips. These attacks can cause deep lacerations and wounds that may require surgery or extensive medical treatment.
What Are Austin Dog Bite Laws?
If you were attacked by a dog in Austin, Texas law gives you several paths to recover damages. Here are some of the most important dog bite laws in Texas:
- Dangerous Dog Liability. If a dog has previously attacked someone or is known to be dangerous, the owner faces strict liability under Texas common law (the “one-bite rule”). Texas defines a “dangerous dog” in Tex. Health & Safety Code § 822.041 as one that makes an unprovoked attack causing bodily injury.
- Negligence Claims. Even if it’s the dog’s first bite, you can recover damages by proving the owner was negligent, such as failing to secure the dog or violating leash laws.
- Criminal Penalties. Under the Tex. Health & Safety Code § 822.005, dog owners can face criminal charges if their dog attacks and causes serious bodily injury, especially if the owner knew the dog was dangerous.
- Texas Statute of Limitations. Don’t wait too long to file a lawsuit. Texas law gives you two years from the date of the bite, under Tex. Civ. Prac. & Rem. Code § 16.003.
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Workplace Injuries in Texas
Texas workers face daily risks, whether they work in construction or other industries. Getting hurt on the job can change your entire life and upend your income, health, and your family’s financial stability. If you’ve been affected by a workplace injury in Texas, you’re not alone, and help is available.
How Many Workplace Injuries Occur in Texas?
The risks of you or someone you know getting hurt on the job are always present in Texas. In 2023 alone, 564 fatal workplace injuries occurred in Texas, according to Bureau of Labor Statistics (BLS) data. That’s more than one death every day. The state also recorded roughly 175,900 nonfatal workplace injuries and illnesses in 2023, one of the highest rates in the U.S.
What Industries Have the Most Workplace Fatalities in Texas?
If you work in construction or transportation, you face higher risks than workers in other industries. According to the BLS, construction had the most workplace deaths in Texas with 124 fatalities in 2023. Transportation and warehousing came in second with 119 deaths.
What Causes Most Workplace Deaths in Texas?
Transportation incidents caused 246 workplace deaths in 2023, nearly half of all fatalities in the state. These are the crashes on highways or the accidents on construction sites that happen when workers are just trying to get their jobs done. However, not all fatalities happen in transportation incidents: Falls killed 92 workers, contact with objects and equipment killed 86, and exposure to harmful substances killed 57 workers in 2023.
Texas Personal Injury Laws
Understanding Texas law is vital when you’re dealing with an injury claim. The Lone Star State has its own approach to personal injury cases, including filing deadlines and how fault gets divided up between parties.
Insurance companies and defense lawyers count on people not understanding their rights. The more you know about how Texas handles injury claims, the better position you’ll be in to protect yourself and recover compensation.
How Long Do I Have to File a Personal Injury Lawsuit in Texas?
Under the Texas Statute of Limitations (Tex. Civ. Prac. & Rem. Code § 16.003), you generally have two years from the date of your injury to file a lawsuit in Texas. The statute starts running down on the day you’re hurt.
Don’t make the mistake of waiting until the last minute to file a claim. Evidence can disappear, and witnesses may move away, making it much harder to prove your case and recover compensation. And if you miss this strict deadline, the court will almost certainly dismiss your case, no matter how strong it is. While there are a few exceptions that may extend the statute, such as being a minor when injured, don’t count on them.
Can I Sue If I Was Partially at Fault in Texas?
Yes, you can sue if you’re partially to blame for an incident, but there’s a catch. Texas follows “modified comparative negligence” under Tex. Civ. Prac. & Rem. Code § 33.001, which means you must be no more than 50% responsible for what happened to be eligible for compensation.
And if a jury decides you were 30% at fault, your compensation gets reduced by that percentage. For example, if your damages are $100,000, you can only recover $70,000 (70%). And if you’re 51% or more at fault, you’ll recover nothing.
What Are Texas Minimum Auto Insurance Requirements?
As a minimum, per Tex. Transp. Code § 601.072, Texas drivers must carry the following insurance coverage:
- $30,000 per person for bodily injury
- $60,000 per accident for multiple injuries
- $25,000 for property damage
This is often referred to as 30/60/25 coverage, and it’s the bare minimum to legally drive in the state. These limits are relatively low, given how expensive medical care and car repair is today. If someone hits you and they only have minimum coverage, you might be on the hook for thousands in medical bills and lost wages.
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Common Types of Personal Injury Claims in Austin
Personal injury law covers a wide range of accidents and harm. Some claims are straightforward, while others involve complex liability questions or multiple parties. Here’s what you need to know about the most common personal injury claims in Austin:
Motor Vehicle Accident
Car accidents are one of the most common personal injury claims in Austin, and can involve anything from fender-benders in city traffic to serious collisions at intersections. These cases usually hinge on who violated traffic laws and whether you can prove the other driver was at fault.
Who to negotiate with: The at-fault driver’s insurance company.
Who to sue: The at-fault driver, your own insurance company (for uninsured/underinsured motorist claims or bad faith) or the driver’s employer (if they were working at the time).
Plaintiff and defendant roles: The injured party is the plaintiff, and the driver (or another party) who caused the crash is the defendant.
Trial success rate for plaintiff: The success rate in car accident lawsuits is around 60%, the highest percentage of all personal injury claim types.
General Injury
This is a catch-all category, including assaults, intentional harm, and injuries that don’t fit into other categories. These cases often involve proving someone deliberately hurt you or acted recklessly in a way that caused harm.
Who to negotiate with: The at-fault party’s insurance or directly with the at-fault party.
Who to sue: The person or business whose actions caused your injury.
Plaintiff and defendant roles: The injured victim (plaintiff) sues the person or entities responsible (defendants).
Trial success rate for plaintiff: Approximately 53% (the figure across all tort trials), but outcomes can vary significantly depending on the type of harm.
Workers’ Compensation
Job-related injury claims in Texas are usually handled through the state’s workers’ compensation program, which is a no-fault system. This means you don’t have to prove your employer did anything wrong, but you also can’t sue them directly unless they don’t carry workers’ comp insurance.
Who to negotiate with: Your employer’s workers’ compensation insurance company.
Who to sue: Third parties, such as property owners or equipment manufacturers, if they caused or contributed to your injury.
Plaintiff and defendant roles: The injured worker files a workers’ compensation claim (as a claimant) and/or personal injury lawsuit (as a “plaintiff); Defendants in a personal injury lawsuit can include the employer, third parties, or an insurance carrier.
Trial success rate for plaintiff: Most cases settle, and third-party lawsuits follow standard injury claim success rates (53%).
Sexual Assault
Texas law allows sexual assault survivors to file civil claims for damages even if criminal charges aren’t filed or don’t result in a conviction. These cases carry a five-year statute of limitations in Texas under Tex. Civ. Prac. & Rem. Code § 16.0045, which is longer than most personal injury claims.
Who to negotiate with: The perpetrator directly (if insured) or the property owner’s liability insurance if negligent security contributed to the assault.
Who to sue: The attacker and/or property owners who failed to provide adequate security.
Plaintiff and defendant roles: The survivor (plaintiff) sues the perpetrator and/or negligent third parties (defendants).
Trial success rate for plaintiff: Varies, with strong evidence being critical for success.
Dog Bite
Texas follows the “one-bite rule,” meaning owners face strict liability if their dog has a history of aggression. But even without prior incidents, you can still recover compensation by proving the owner was negligent, for example, by failing to leash the dog. Most homeowner’s policies cover these claims, but certain dog breeds may be excluded.
Who to negotiate with: The dog owner’s homeowner’s or renter’s insurance.
Who to sue: The dog’s owner and/or the property owner where the attack occurred.
Plaintiff and defendant roles: The bite victim (plaintiff) typically sues the dog owner (defendant) for medical costs and damages.
Trial success rate for plaintiff: Dog bite cases have similar success rates to other personal injury claims (around 50%).
Slip and Fall
Premises liability claims, such as slip and fall cases, require proving the property owner knew (or should have known) about the dangerous condition and failed to fix it or warn you. Slip and fall claims can be tough to prove because defendants often argue you’re responsible and should have seen the hazard.
Who to negotiate with: The property owner’s liability insurance.
Who to sue: The property owner, lessee, or business operator responsible for maintaining safe premises.
Plaintiff and defendant roles: The injured visitor (plaintiff) sues the property owner/operator (defendant) for negligence.
Trial success rate for plaintiff: The success rate for slip and fall cases and other premises liability claims is around 52%.
Medical Malpractice
Texas tort reform in 2003 made medical malpractice cases much harder to win. You’ll need an expert report upfront (under Tex. Civ. Prac. & Rem. Code § 74.351), and even if you succeed, non-economic damages (like pain and suffering) are capped at $250,000. These cases are expensive and complex to litigate, and have a low success rate, compared to other injury claims.
Who to negotiate with: Your healthcare provider’s malpractice insurance.
Who to sue: A doctor, hospital, nurse, or other healthcare provider who breached the standard of care.
Plaintiff and defendant roles: The injured patient (plaintiff) sues the medical professional or hospital (defendant) for treatment errors.
Trial success rate for plaintiff: The success rate for plaintiffs is low, with only 26% winning cases, while physicians and hospitals win 74% of malpractice trials.
Filing a Personal Injury Claim
The personal injury claims process in Texas starts the moment you’re injured. What you do in the first hours and days, such as seeing a doctor and collecting evidence, can be critical for the success of your case. Insurance companies will look for any reason to reduce your payout, so focus on documenting everything and avoid giving recorded statements or agreeing to settlement offers without first getting legal advice.
What Documents Do I Need to File a Claim?
You’ll need proof of what happened and your damages (receipts, bank statements, etc.). Start gathering these documents right away:
- Accident documentation. This includes the police report, photos of the accident or incident’s scene, your injuries, and any property damage.
- Witness information. Get the names and contact details for anyone who saw what happened.
- Medical records. Gather all treatment records related to your injuries. Collect any medical bills and receipts for out-of-pocket expenses related to your injury.
- Proof of lost wages. Document missed work days, and gather pay stubs and bank statements to prove lost wages.
- Daily pain journal. Keep a journal of your daily pain levels and describe how the injury affects your life and activities.
The insurance company will ask for all of this eventually, so gathering it early means you’re prepared and don’t have to scramble later.
What Is the Timeline for Filing a Claim?
You can file an insurance claim immediately after an accident, and it is in your best interests to do so. Report your accident or incident to the relevant insurance company as soon as possible. Most policies require prompt notice, and delays can give insurers ammunition to deny your claim.
But filing a claim isn’t the same as accepting a settlement. Here, things can move much more slowly, and the negotiation process may take months. Insurance companies often make lowball offers early on, hoping you’ll take a quick check before you know the full extent of your injuries and damages. Don’t rush to settle until you’ve finished treatment and know your total costs, or you risk getting shortchanged by an insurer.
How Do I Report My Claim?
For car accidents, report the crash to the at-fault driver’s insurance company. You’ll also want to notify your own insurer as soon as possible, even if you weren’t at fault. For other injuries, contact the liability insurer for whoever caused your harm. This could be the property owner’s insurance for a slip and fall or an employer’s workers’ comp carrier for a job injury.
When you call, provide basic facts, but be careful what you say, and don’t give a recorded statement without talking to a lawyer first. Adjusters are trained to get you to say things that hurt your claim. Stick to the essentials, and when they ask about your injuries, tell them you’re still receiving medical treatment without going into details.
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Typical Personal Injury Settlement Amounts in Texas
Settlement amounts vary widely in Texas, depending on your injuries, damages, and how the accident affects your life. There’s no “average” that will tell you what your case is worth. That said, knowing the general landscape can help you spot and reject a lowball offer.
Average Settlement by Claim Type
Recent research from ConsumerShield estimates an average settlement of around $40,500 for personal injury cases, based on data from multiple law firms. But that figure doesn’t show the significant variation by case type.
Bureau of Justice Statistics trial data from 2005 (the most comprehensive government data available to date) shows the median trial award for all tort cases was $24,000. Motor vehicle cases fetched an average of $15,000, and the median for premises liability cases averaged $98,000. Medical malpractice cases plaintiffs won paid out a median of $400,000.
Keep in mind these BJS figures are trial verdicts, not settlements. And amounts have increased since 2005 due to inflation and rising medical costs.
Factors That Affect Settlement Amounts
Your medical bills are the foundation of your settlement. Severe, permanent injuries typically get higher settlements than soft tissue damage that heals in just a few weeks. And lost wages can add up fast if you miss months of work or can’t return to your old job due to a permanent injury.
Pain and suffering damages can also make up a large portion of your settlement, but they’ll depend on how much the injury disrupted your life. For example, are you dealing with chronic pain, and can you still play with your kids or enjoy your hobbies?
Texas law also considers whether you were partially at fault. If you’re 20% responsible for the accident, your settlement drops by 20%. If you’re more than 50% at fault, you can’t recover any compensation under Texas’ modified comparative negligence rules.
How Are Settlements Calculated?
There’s no one-size-fits-all formula for personal injury settlements. First, insurance companies add up your economic damages, such as medical bills and lost wages. Then, they estimate non-economic damages (like pain and suffering) by multiplying medical expenses by 1.5 to 5, depending on injury severity. Minor injuries get lower multipliers (2-3), while serious injuries get higher ones.
For example, if you have $10,000 in medical bills and $5,000 in lost wages, your economic damages total $15,000. With a 3x multiplier for pain and suffering, you’d add $30,000 in non-economic damages ($10,000 × 3), bringing your total settlement to $45,000.
However, getting what you truly deserve is rarely straightforward, as insurance adjusters are trained to lowball you. A lawyer can maximize your recovery with evidence of your actual damages and comparable case results.
When You Need to File a Lawsuit
Many personal injury cases settle without filing a lawsuit. Insurance companies would rather negotiate than go to court and face a potentially expensive legal battle. But sometimes filing suit is the only way for a victim to get fair compensation.
If you’ve had an insurance claim denied or were offered an amount that doesn’t come close to covering your medical bills, let alone all your other accident-related expenses, a lawsuit might be your best next move. Don’t let the idea of going to court scare you off from demanding what you’re owed, and consult a personal injury lawyer for help and support.
What Happens If I Miss the Statute of Limitations?
If you miss Texas’s two-year deadline to file your lawsuit, under Tex. Civ. Prac. & Rem. Code § 16.003, your case will most likely be dismissed, and you’ll lose your right to recover compensation. However, there are some exceptions to the strict deadline, including the following:
- Minor when injured. If you were under 18 when the injury occurred, the statute of limitations “clock” doesn’t start to run until you turn 18 (Tex. Civ. Prac. & Rem. Code § 16.001)
- Unsound mind. If you’re mentally incapacitated when your accident or injury happens, the limitations period will be paused during your disability (Tex. Civ. Prac. & Rem. Code § 16.001)
- Defendant leaves Texas. The clock also stops running when the person who injured you flees the state to avoid being sued. (Tex. Civ. Prac. & Rem. Code § 16.063)
But don’t count on these narrow exceptions. In most cases, the statute of limitations is a hard deadline, so make sure you start the legal process early, even if you’re still recovering. Your lawyer can file the suit to protect your rights and continue settlement talks at the same time.
When Should I File a Lawsuit vs. Settle?
Typically, you’d file a lawsuit when the insurance company won’t make a reasonable offer or denies your claim entirely. Filing suit shows you’re serious and shifts the power dynamic that may cause an insurer to rethink your settlement offer.
Once you’re in litigation, the insurance company faces discovery costs, depositions, and the risk of a jury verdict that could be much higher than your settlement demand. The prospect of a legal battle with an uncertain outcome often brings them back to the negotiating table with better offers.
Litigation takes time and money, and cases that go to trial can drag on for years. If you can settle for fair value without filing suit, it’s best to take it. But if the insurer is playing games or their offer is insultingly low, don’t be afraid to file a lawsuit and fight for what you deserve.
How Long Does a Lawsuit Take in Texas?
From filing to trial, expect 18 to 24 months on average. Simple car accident cases with clear liability can move faster. But complex cases with multiple defendants or serious injuries can take much longer. And medical malpractice cases can run two to three years because of the expert reports required and the amount of medical evidence involved.
Most cases settle before trial, but you may not see that settlement until you’re deep into the legal process. Insurance companies may drag out the process to see if you’ve got a strong case, and if you’re willing to go the distance to trial.
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Get Matched With a Personal Injury Lawyer in Austin
You may not need a lawyer if you only have a minor injury and an insurance company honors your claim. However, if you are severely injured and have high damages, working with an experienced personal injury lawyer is essential.
If you’re trying to handle a claim yourself, you’re probably leaving money on the table if you have significant medical bills, lost income, or permanent damage. You might think your claim is worth $20,000 when it’s really worth $100,000, or you might not know that certain damages (like pain and suffering or loss of quality of life) are even recoverable.
A lawyer can properly value your case, calculate future medical costs you haven’t factored in, and identify all the ways the injury has impacted your work and home life.
How to Choose the Right Personal Injury Lawyer
Choosing the right lawyer can be crucial for your recovery. Here’s what to look for in a Texas personal injury attorney:
- Trial experience. Insurance companies know which lawyers fight in court and which ones are happy to settle for a quick check. Ask about an attorney’s trial record and recent verdicts.
- Relevant case experience. If you have a medical malpractice claim, don’t hire a car accident attorney. Make sure your attorney has extensive experience with your type of claim.
- Recent results. Your ideal attorney should have a successful track record. Ask about recent settlements and verdicts they’ve won in cases similar to yours.
- Clear communication. Do they explain things in plain English, or do they talk over your head? You’ll be working with this person for months or even years, so make sure their communication style suits you.
- Free consultations. Most personal injury lawyers offer free case reviews. Meet with a few attorneys before you decide who is your perfect match.
Sometimes, your gut feeling can be your best guide. Pick someone you trust and who makes you feel confident they’ll fight for you.
What Questions Should I Ask a Lawyer?
It’s best to come prepared if you want to get the most out of your first consultation. These questions will help you figure out if a lawyer is the right fit:
- How many cases like mine have you handled, and what were the outcomes?
- Will you work on my case personally, or will you hand it off to someone else on your legal team?
- How often will we communicate, and how quickly do you typically respond to calls and emails?
- Have you fought and won cases like mine at trial?
- What percentage do you take in attorney’s fees?
- Will you advance costs for expert witnesses and court filings, or do I pay those out of pocket?
- Who has final say on whether to accept a settlement offer?
Make sure to choose a lawyer who openly and honestly answers your questions, and pay attention to how responsive they are. This helps you make the best choice for your case.
How Much Do Personal Injury Lawyers Cost?
Most personal injury lawyers work on contingency, meaning they take a percentage of your settlement or verdict instead of charging by the hour. The standard personal injury rate in Texas is 33% to 40%. If you settle before filing suit, you can expect to pay closer to 33%. But if the case goes to trial, the fee often increases to 40%. However, the percentages will depend on the law firm or attorney you work with, so always ask before signing on the dotted line.
The advantage of contingency fees is that you typically don’t pay anything upfront, and if you don’t win, you don’t owe any attorney fees. You might still be responsible for case costs like filing fees, expert witness charges, and medical record fees, depending on the agreement with your lawyer. Read the contract carefully before you sign, and make sure you understand what percentage the lawyer takes and who pays for costs if you lose.
Ready to find a qualified personal injury lawyer to handle your case? ConsumerShield connects you with experienced Austin attorneys.