Understanding Your Rights After a Car Accident

Javier Villarreal

Jun 24, 2026

Were you injured in a car accident and want to know “What are my rights?” You came to the right Texas personal injury law office for answers you should trust.

Stick with us at Javier Villarreal Injury Law Firm. We discuss your rights after a car accident and the potential consequences of a misunderstanding.

You Have the Right to Seek Compensation for Your Losses

If you are not at fault for the collision, you have the right to seek comprehensive damages from the liable party’s insurance provider, such as:

Medical costs, including emergency services, surgeries, rehabilitation, and anticipated future care.
Financial losses, such as immediate lost wages and the long-term loss of earning capacity.
Property damage, like the costs to repair your vehicle or its actual cash value if totaled.
Non-economic damages, such as compensation for physical pain, emotional distress, and PTSD.

You Have the Right to Remain Silent

While you are legally required to exchange basic contact, driver’s license, and insurance information at the scene, your rights protect you from expanding on those details. You have the right to avoid apologizing or admitting fault, as those statements could be used against you later. You also have the right to refuse a recorded statement request from the other driver’s insurance adjuster until you consult with a lawyer.

What Are Your Rights Under Texas Comparative Fault Rules?

Texas follows a modified comparative negligence rule. Under this 51 percent bar policy, you retain the right to collect compensation even if you were partially to blame for the wreck. However, your fault percentage must be 50 percent or less to recover damages. As well, your total payout would be reduced by your exact percentage of liability. Unfortunately, if you are 51 percent or more responsible, you lose the right to collect any compensation from the other driver.

You Have the Right to File a Lawsuit

If an insurance company denies your claim or offers an unfair settlement, you have the right to file a formal civil lawsuit. Under the Texas statute of limitations, you have two years from the date of the crash to initiate legal proceedings for personal injury or property damage. Failing to file within this window generally terminates your right to sue.

We Want to Help You Understand Your Rights After a Car Accident

If you or a loved one was injured in a car accident and wants to know what their rights are, reach out to Javier Villarreal Injury Law Firm for an explanation. Our bilingual staff is ready to help you understand your options with a free consultation.

Do not risk a lowball offer from the at-fault party’s insurance company. We would fight for your rights to full compensation under Texas law. After all, our award-winning team is the Law Champs, and with 25-plus years serving the valley, trust us in your corner.