13 Aug
Texas car accident law has changed in several important ways in recent years. While the basic rules for proving negligence remain in place, new laws and court decisions have changed how certain claims are handled—especially cases involving commercial vehicles, uninsured motorist coverage, property damage disputes, and noneconomic damages.
If you are involved in an accident in Texas, understanding these developments can help you better understand what may affect your claim.
Commercial Vehicle Accident Cases Have Different Procedures
Texas House Bill 19 changed how certain lawsuits involving commercial motor vehicles are handled.
In qualifying cases, defendants may request a two-phase trial. Liability and compensatory damages are generally addressed before certain claims involving exemplary damages or employer conduct.
The law also affects when certain evidence may be introduced and makes properly authenticated photographs and videos of the vehicles more readily admissible.
What this means for you: If your accident involves an 18-wheeler, delivery vehicle, or other qualifying commercial vehicle, the claim may be handled differently from a typical passenger-car accident.
Noneconomic Damages Are Receiving More Scrutiny
Texas courts have also increased scrutiny of damages such as pain, mental anguish, and loss of companionship.
In Gregory v. Chohan, the Texas Supreme Court reversed a judgment involving substantial noneconomic damages and raised concerns about using arbitrary methods to assign dollar amounts to emotional or noneconomic losses.
The decision was divided, so this remains a developing area of Texas law.
What this means for you: Noneconomic damages are still recoverable when supported by the facts, but detailed evidence showing how an injury affects daily life, work, relationships, and quality of life may be increasingly important.
Proving Causation Remains Critical
In the 2025 case Werner Enterprises, Inc. v. Blake, the Texas Supreme Court emphasized that showing negligence alone is not always enough.
A claimant must also show that the negligent conduct was a substantial factor in causing the accident or injury.
What this means for you: In complicated accidents involving multiple vehicles, road conditions, or several potentially responsible parties, evidence connecting the negligent conduct directly to the injuries can be especially important.
Uninsured Motorist Claims May Be Handled in Separate Stages
Uninsured and Underinsured Motorist coverage, commonly called UM/UIM, can provide protection when the at-fault driver has no insurance or insufficient coverage.
A 2025 Texas Supreme Court decision clarified that certain disputed UIM cases may proceed in separate stages. The court may first determine whether the insured is entitled to UIM benefits before addressing certain additional claims against the insurer.
What this means for you: A UIM claim can be more procedurally complex than a standard liability claim, particularly when the insurance company disputes coverage, damages, or entitlement to benefits.
Texas Added New Auto Insurance Appraisal Rights
Texas Senate Bill 458 created a new appraisal framework for certain personal automobile insurance disputes involving the amount of a covered loss.
This may become particularly useful when a policyholder disagrees with their own insurer over vehicle repair costs or the value of a totaled vehicle.
The appraisal process is focused on determining the amount of the loss. It does not decide who caused an accident or determine bodily injury damages.
As of August 12, 2026, some of the Texas Department of Insurance rules implementing this law were still in the rulemaking process, so policyholders should review the current rules and their individual policy before relying on a specific procedure.
Insurance Companies Must Explain Certain Coverage Decisions
Another recent change gives Texas consumers more transparency.
For qualifying decisions made after January 1, 2026, insurers must provide a written explanation when they decline, cancel, or refuse to renew certain auto insurance policies.
What this means for you: If your insurer makes one of these decisions, you may now have clearer information about why it happened and whether there is inaccurate information or another issue that should be addressed.
What Has Not Changed
Despite these developments, several core principles remain the same.
In a typical Texas negligence claim, an accident victim still generally needs to establish:
- A legal duty
- A breach of that duty
- A connection between the breach and the injury
- Legally recoverable damages
Texas also continues to apply a general two-year statute of limitations to many personal injury claims, although exceptions can apply depending on the circumstances.
UM/UIM coverage and Personal Injury Protection also remain important parts of Texas auto insurance law.
What You Should Do After an Accident
Regardless of recent legal changes, preserving evidence remains one of the most important things you can do after a crash.
If possible, keep:
- Photos and videos from the scene
- Witness information
- Police reports
- Medical records
- Vehicle repair estimates
- Insurance correspondence
- Documentation of lost income and other expenses
The type of accident and insurance coverage involved can determine which of these records becomes particularly important later.
How Parks Law Firm Can Help
Recent changes in Texas law make it even more important to understand what type of accident occurred, what insurance coverage is available, and which legal rules may apply.
Parks Law Firm helps accident victims organize documentation, review available insurance coverage, communicate with insurance companies, and understand how current Texas law may affect their claim.
This can be particularly important in commercial vehicle cases, uninsured motorist claims, and disputed property damage matters, where the procedures may be more complex than they initially appear.
Every case is different, and no particular recovery or outcome can be guaranteed.
Important Note
This article is provided for general informational purposes only and does not constitute legal advice. Texas statutes, court decisions, and insurance regulations can change, and the rules that apply depend on the specific facts of each case.
