Each year, millions of people end up hurt in car accidents across the country. These crashes don’t just leave physical scars. They can upend daily life, drain your bank account, and create long-term stress. If someone else caused the crash, you might ask yourself, Can I sue after a car accident? In many cases, the answer is yes.
Taking legal action can help you recover money for what you’ve lost. That includes medical bills, car repairs, and the time you’ve missed from work. This article explains when you can sue, what you need to build your case, what kind of money you might be able to recover, and how a lawyer can support you.
If you’re dealing with injuries from a wreck caused by someone else, don’t wait to find help. A local car accident attorney can offer a free consultation to explain your rights and help you decide what to do next.
Can you sue after a car accident?
- If the accident was caused by someone else’s negligence (like speeding or texting while driving), you can usually sue.
- You need to prove fault, show how the crash impacted you, and file your case before your state’s deadline (typically 2 years in Texas).
- You may still sue even if you were partly at fault, as long as you were less than 51% responsible in Texas.
- You can recover compensation for:
- Medical expenses, lost income, and car repairs (economic damages)
- Pain, emotional distress, and changes to daily life (non-economic damages)
- Punitive damages in cases of extreme misconduct, like drunk driving
- Strong evidence like police reports, medical records, witness statements, and photos can support your case.
- Insurers often pressure you to settle quickly and for less—don’t accept until you understand your injuries and rights.
- A car accident lawyer can help you build your case, deal with the insurer, and fight for fair compensation.
- Most attorneys only get paid if they win your case (contingency fee).
When Can You Sue After a Car Accident?
Not every crash leads to a lawsuit. But if another driver acted carelessly or broke the law and hurt you, you may have a legal claim. Several key factors affect whether a lawsuit is possible.
Establishing Fault and Negligence
You must prove that someone else caused the accident. This could be through speeding, texting while driving, running a red light, or failing to yield. If a driver broke a traffic law or didn’t act the way a careful driver would, they may be considered negligent.
In some cases, more than one driver shares fault. Even if you had a small role in the crash, you may still sue, depending on your state’s rules. In Texas, for example, you can recover damages as long as you’re not more than 50% responsible.
Proving Damages and Losses
It’s not enough to say someone caused the crash. You also need to show how it affected you. That means proving your injuries, vehicle damage, missed work, and other losses. Photos, bills, records, and reports help connect the accident to the harm you suffered.
The more clearly you can show how your life changed after the crash, the stronger your case will be.
Statute of Limitations Requirements
Each state limits how long you have to file a lawsuit. In Texas, you usually have two years from the date of the accident. If you wait too long, the court may dismiss your case, no matter how strong it is.
Some exceptions exist, but don’t count on them. Talking to an attorney soon after the crash helps protect your rights and keeps your options open.
Types of Compensation Available in Car Accident Lawsuits
Lawsuits can help you recover money for the different ways an accident has harmed you. This includes financial losses, physical pain, and in rare cases, punishment for the at-fault driver.
Economic Damages (Medical Bills, Lost Wages, Property Damage)
Economic damages are the actual costs tied to the crash. These include:
- Emergency room visits, surgeries, physical therapy, and other medical care
- Prescriptions and medical equipment
- Time missed from work or future earnings if you can’t return to your job
- Repair or replacement of your car and any personal items damaged in the crash
Clear documentation, such as receipts and pay stubs, makes it easier to show what the crash cost you.
Non-Economic Damages (Pain and Suffering, Emotional Distress)
Non-economic damages cover the things you can’t measure with a receipt. These may include:
- Daily pain or discomfort from injuries
- Trouble sleeping or anxiety about driving
- Loss of enjoyment in life activities
- Long-term effects on relationships or mental health
These damages depend on how the injuries have changed your day-to-day life.
Punitive Damages in Severe Cases
If the at-fault driver acted recklessly, like driving drunk or fleeing the scene, the court may order them to pay extra money as punishment. These damages aren’t tied to your actual losses. They serve as a warning to others not to behave the same way.
What Evidence Do You Need to Sue Successfully?
A strong case relies on solid evidence. Gathering the right proof can make all the difference between a denied claim and a fair result.
Police Reports and Official Documentation
Police reports can explain how the crash happened, include statements from those involved, and list any tickets given. Officers may also record their opinion about who caused the accident. While this isn’t final proof, it often carries weight.
Other records, like crash scene diagrams and DMV reports, can also support your version of events.
Medical Records and Expert Testimony
Doctors’ notes and medical files show the connection between the crash and your injuries. These records help prove how serious your injuries are and how long you’ll need care.
In some cases, expert witnesses may review your records and explain them to a judge or jury in simple terms.
Witness Statements and Accident Scene Evidence
People who saw the accident can offer strong backup for your story. Their accounts often help confirm who caused the crash.
Photos or videos of the scene, traffic light patterns, skid marks, or road signs also provide useful context. Today, dashcams or nearby security footage may offer real-time proof of what happened.
Common Obstacles to Car Accident Lawsuits
Even when you have a strong case, some issues can make it harder to recover money. These problems often come up in injury cases.
Insurance Company Tactics and Settlement Pressure
Insurance adjusters often try to protect their company’s bottom line. They may offer a low settlement right away and push you to sign. Some use recorded statements against you or delay the process, hoping you’ll give up.
Working with a lawyer helps level the playing field and stops these tactics from hurting your claim.
Comparative Negligence Laws
Some states reduce your recovery based on your share of fault. If you’re found 20% responsible, your damages may be reduced by 20%. If your share is over 50% in Texas, you may not recover anything.
This gives insurance companies a reason to blame you, even if their driver clearly caused the crash.
Insufficient Insurance Coverage Issues
Some drivers don’t carry enough insurance to cover all your losses. In those cases, you may need to file a claim under your own uninsured or underinsured motorist coverage. If that’s not an option, suing the driver personally may be the only way to recover what you’ve lost.
Should You Accept an Insurance Settlement or File a Lawsuit?
Most accident cases settle before they ever reach court. That’s not always a bad thing, but the decision should be based on what’s best for you.
Pros and Cons of Quick Settlements
Taking an early settlement may give you money faster, but it often comes with a catch. Once you sign, you usually can’t go back and ask for more if your injuries get worse.
Quick settlements often favor the insurer, not the injured person. They’re banking on you wanting fast cash more than full recovery.
When Litigation May Be Necessary
If the other driver or their insurer refuses to accept blame or offer a fair amount, filing a lawsuit might be the only way forward. This moves the case into court, where a judge or jury can decide the outcome.
Lawsuits take time and require strong evidence, but they sometimes lead to larger recoveries.
Timeline Differences Between Settlements and Lawsuits
Settlements can wrap up in weeks or a few months, especially if the facts are clear. Lawsuits usually take longer. Between discovery, motions, hearings, and trial dates, your case could take a year or more to finish.
A lawyer can explain what to expect and help you weigh the pros and cons of each option.
What to Do If You Were Injured in a Car Accident Caused by Someone Else
After a crash, your actions in the hours and days that follow can affect your health and your legal claim.
Immediate Steps at the Accident Scene
- Call 911 and ask for police and medical help
- Exchange contact and insurance information with the other driver
- Get names and contact details from any witnesses
- Take photos of the cars, road, injuries, and anything else that might help later
Seeking Medical Attention and Documenting Injuries
Even if you feel okay, visit a doctor as soon as possible. Some injuries take time to show up. The sooner you get checked out, the easier it is to link your injuries to the crash.
Follow-up visits and notes from your doctor help prove how the crash changed your life.
Preserving Evidence and Avoiding Common Mistakes
Hold onto medical bills, repair estimates, pay stubs, and receipts. Keep a journal of your pain, missed work, and what you can’t do because of your injuries.
Avoid posting about the accident on social media. Insurance companies may use your posts to argue your injuries aren’t serious.
When to Contact a Personal Injury Attorney
You don’t have to wait until you’re overwhelmed with bills to call a lawyer. In fact, the earlier you reach out, the better chance you have of protecting your rights and avoiding costly mistakes.
How Our Attorneys Can Help
The legal team at AMS Law Group knows how much a car accident can change your life. We help injured people — including families whose child was injured in a car accident — stand up to insurance companies and recover what they’ve lost.
Free Case Evaluation and Legal Strategy Development
Your first call with us costs nothing. We’ll review your case and explain your legal options clearly. No pressure, just honest answers.
Investigation and Evidence Gathering Services
We collect police reports, medical files, witness statements, and photos to build your case. Our team tracks down any missing pieces that might make a difference.
Negotiating with Insurance Companies
We handle the back-and-forth with the insurance company so you don’t have to. Our team works to make sure your settlement reflects the real impact of the crash.
Courtroom Representation and Trial Experience
If the other side won’t be reasonable, we’re ready to take your case to court. We prepare every case with the same level of care, whether it settles or goes to trial.
No Fee Unless We Recover Damages for You
You don’t pay us out of pocket. We only get paid if we recover money for you through a settlement or court award.
Contact a Skilled Texas Car Accident Lawyer Now
If someone else caused your crash, you don’t have to carry the burden alone. AMS Law Group is here to help injured Texans take the next step. We focus on holding careless drivers accountable and helping you recover the money you need to rebuild.
You don’t have to sort through the legal system by yourself. Let us answer your questions and explain your rights. We offer free consultations and only get paid if we recover money in your case.
Contact AMS Law Group today and talk to a Texas car accident attorney who can help you move forward.
Frequently Asked Questions About Suing After a Car Accident
Can I sue if I was partially at fault for the accident?
Yes, in Texas you can still sue as long as you were less than 51% responsible for the crash. Your recovery may be reduced based on your share of fault.
What if the other driver doesn’t have insurance?
You may need to file a claim under your own uninsured motorist coverage. If that’s not enough, you can sue the driver directly, but collecting from them may be difficult.
How much does it cost to hire a car accident attorney?
Most car accident lawyers work on a contingency fee basis. That means you don’t pay upfront. They take a percentage of any money they recover for you.
What happens if my case goes to trial?
Your lawyer will present evidence, question witnesses, and argue your case before a judge or jury. Trials take more time but can result in larger recoveries if the other side won’t settle fairly.
How much can I get from a car accident lawsuit?
The amount depends on the details of your case, including the severity of your injuries, the cost of your medical care, time missed from work, and how the accident affected your daily life. Some cases settle for a few thousand dollars, while others reach hundreds of thousands or more. An attorney can review your situation and help estimate what your case might be worth.