What Should I Do if Someone Sues Me After a Car Accident in Texas?
Being sued after a car accident can be stressful, especially if you are already dealing with vehicle damage, insurance questions, or injuries. Receiving a lawsuit does not automatically mean you are responsible for everything the other driver is claiming.
If someone has filed a lawsuit against you after a car accident in Texas, the most important thing is to take the situation seriously and respond promptly. Understanding your insurance coverage, reviewing the lawsuit, preserving evidence, and getting appropriate legal guidance can help you make informed decisions.
Here are the important steps to take if someone sues you after a car accident in Texas.
What Happens When Someone Sues You After a Car Accident?
A car accident lawsuit generally means the other party is asking a court to determine whether you are legally responsible for the accident and, if so, whether they are entitled to damages.
Your potential liability depends on the specific facts of the crash and how Texas law applies to those facts.
The lawsuit may involve claims for medical expenses, lost income, property damage, pain and suffering, or other losses. If someone died in the accident, eligible family members may also bring a wrongful death claim.
Being named as a defendant does not mean you should assume that the other driver’s version of events is correct. The evidence and circumstances of the collision matter.
Check Your Auto Insurance Coverage Immediately
One of your first steps should be to notify your insurance company about the lawsuit.
Texas requires drivers to maintain minimum liability coverage. The commonly required minimum limits are:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage
Your policy may provide coverage beyond these minimum amounts.
If your insurance policy applies to the accident, your insurer may have obligations under the policy to defend you and handle covered claims. You should provide the insurer with the lawsuit documents, including the summons and complaint, as soon as possible.
Do not assume that your insurance company will automatically know that you have been sued.
Read the Summons and Complaint Carefully
A lawsuit contains important information about the claims being made against you.
The complaint generally explains why the plaintiff believes you are legally responsible and what damages they are seeking. The summons provides important information about the lawsuit and the response required.
Legal documents can be difficult to understand, particularly when they contain terminology that is unfamiliar to you. Do not ignore them simply because you are unsure what they mean.
Missing an applicable deadline can seriously affect your ability to defend yourself.
If you receive a lawsuit after a collision, have the documents reviewed promptly by an attorney who handles car accident cases.
Don’t Panic or Admit Fault
Being sued can make you want to immediately explain what happened or contact the other driver to resolve the dispute.
That can be a mistake.
You may believe you caused the accident based on what you remember, but the complete record of the evidence may tell a different story. Fault can depend on factors such as traffic conditions, vehicle positions, witness statements, photographs, accident reports, and other evidence.
Avoid making statements accepting responsibility before you understand the facts and your legal position.
Avoid Direct Communication With the Other Driver
Once a lawsuit has been filed, avoid discussing the substance of the case directly with the plaintiff or their representatives without appropriate legal guidance.
This includes conversations about:
- Who caused the accident
- How fast you were driving
- Whether you were distracted
- The extent of anyone’s injuries
- Insurance coverage
- Settlement offers
- Statements about fault
If you have an attorney representing you, allow your attorney to handle case-related communications as appropriate.
Notify Your Insurance Company
Your insurance policy may require you to notify the insurer when a lawsuit is filed against you.
Contact your insurance company as soon as possible and provide copies of the relevant documents. Your insurer may need information about the accident, the lawsuit, and the claims being made against you.
Keep copies of everything you send and receive.
If you are unsure whether your policy provides coverage or a defense, an attorney can help you understand the issues involved.
Gather and Preserve Evidence
Evidence can play an important role in determining what happened.
Start collecting and preserving relevant information, including:
- Police or accident reports
- Photographs and videos from the accident scene
- Photographs of vehicle damage
- Dashcam footage
- Witness names and contact information
- Medical records and bills
- Vehicle repair estimates
- Insurance correspondence
- Text messages or other communications related to the accident
- Documents you received with the lawsuit
Even details that seem insignificant may become important later.
For example, the location and pattern of damage to the vehicles may help establish how the collision occurred.
Do not delete photographs, messages, videos, or other potentially relevant information.
Understand How Fault May Affect the Case
Texas law can take the responsibility of multiple parties into account when determining damages in a personal injury case.
If more than one person contributed to an accident, the percentage of responsibility assigned to each party can affect the amount of damages that may be recovered.
For example, if a plaintiff is found to have contributed to the accident, their recovery may be reduced by their percentage of responsibility, subject to applicable Texas rules.
This is one reason why you should not assume that being sued means you are entirely responsible for the accident.
The evidence may show that the other driver, another person, or another factor contributed to the collision.
Understand the Types of Damages Being Claimed
A lawsuit following a car accident may involve several categories of damages.
Economic Damages
Economic damages are losses that can generally be documented in financial terms. They may include:
- Medical expenses
- Lost wages
- Other out-of-pocket expenses
- Property damage
Non-Economic Damages
Non-economic damages relate to losses that are more difficult to calculate, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement
Punitive Damages
Punitive damages are different from ordinary compensatory damages. They may be available in certain cases involving particularly serious or wrongful conduct, subject to Texas law and applicable limitations.
The fact that a lawsuit requests a particular type of damages does not mean the plaintiff will automatically receive it. The evidence and applicable law determine what damages may be available.
What Is the Discovery Process?
If the case continues, both sides may participate in pretrial discovery.
Discovery allows the parties to obtain information and evidence relevant to the lawsuit. Depending on the case, discovery may include:
- Depositions
- Written questions
- Requests for documents
- Requests for relevant physical evidence
- Other information-gathering procedures permitted under the applicable rules
You may be required to respond truthfully to certain discovery requests.
Your attorney can explain what you are required to provide and help protect your interests throughout the process.
Be Careful About Social Media
After a lawsuit is filed, remember that your social media activity may become relevant to the case.
Posts, photographs, videos, comments, or other online activity could potentially be examined as evidence depending on the circumstances.
That does not mean you need to stop using social media entirely. However, avoid posting about the accident, the lawsuit, your injuries, or statements that could be taken out of context.
Never delete relevant content simply because a lawsuit has been filed. Ask your attorney how you should handle potentially relevant online material.
Consider Whether You Have a Counterclaim
Being sued does not necessarily mean that you have no claim of your own.
Depending on what happened, you may have suffered injuries, vehicle damage, or other losses caused by the other driver’s conduct.
An attorney can review the facts and determine whether you may have a basis for bringing your own claim or asserting applicable defenses.
Do not assume that you need to simply defend against the other driver’s allegations without examining the entire accident.
Don’t Ignore Settlement Opportunities
Not every car accident lawsuit needs to go all the way to trial.
Depending on the facts, the parties may have opportunities to negotiate a settlement. Settlement can sometimes resolve a dispute without the uncertainty and expense of a trial.
However, you should not agree to a settlement simply because you want the lawsuit to end.
Before accepting or rejecting an offer, consider the claims being made, the available evidence, the insurance coverage involved, and the potential consequences of the agreement.
An attorney can negotiate on your behalf and help you evaluate your available options.
Stay Involved in Your Case
Hiring an attorney does not mean you should completely step away from the case.
Stay in communication with your lawyer and respond when information or documents are requested. Tell your attorney about changes in your circumstances, new communications from the other side, or additional evidence you discover.
You will ultimately need to make important decisions about your case, so understanding what is happening can help you make informed choices.
When Should You Contact a Car Accident Lawyer?
If someone has sued you after a car accident, getting legal advice early can help you understand what you need to do next.
A car accident lawyer in Fort Worth can review the lawsuit, explain your potential defenses, communicate with the appropriate parties, and help you understand the legal process if the accident occurred in the Fort Worth area.
If your accident happened elsewhere in the state, a car accident lawyer in Texas can help you understand the legal issues that may apply to your situation.
You should consider contacting an attorney promptly if:
- You received a summons or complaint.
- The other driver is claiming significant injuries.
- The accident involved multiple vehicles.
- Fault is disputed.
- The claimed damages are substantial.
- Your insurance company has denied coverage or is disputing your claim.
- You believe the other driver may have contributed to the accident.
- You are unsure how to respond to the lawsuit.
Contact Parker Law Firm Injury Lawyers
Being sued after a car accident can feel overwhelming, but you do not have to navigate the process without understanding your options.
Start by reviewing your lawsuit documents, notifying your insurance company, preserving relevant evidence, and getting legal guidance as soon as possible.
If you have been sued following a car accident in Fort Worth or elsewhere in Texas, Parker Law Firm Injury Lawyers can review your situation and explain your potential options.
Contact us today for a free case review.
Frequently Asked Questions
What should I do first if someone sues me after a car accident in Texas?
Review the summons and complaint, note any applicable deadlines, notify your insurance company, preserve evidence, and seek appropriate legal guidance.
Does being sued mean I am automatically at fault?
No. A lawsuit is an allegation that you are legally responsible for the plaintiff’s damages. The evidence and applicable law determine liability.
Will my car insurance pay for a lawsuit against me?
If your policy applies to the accident and provides the relevant coverage, your insurer may have obligations to defend you and pay covered damages, subject to your policy limits and terms.
Can I sue the other driver if they were also responsible for the accident?
Depending on the circumstances, you may have a claim for your own injuries or property damage. An attorney can review the accident and explain whether a claim may be available.
Should I hire a lawyer if I am sued after a car accident?
It can be especially important to obtain legal guidance when the lawsuit involves serious injuries, significant damages, disputed fault, or questions about insurance coverage. A lawyer can explain the allegations and help you understand how to respond.
