The first hours after a crash in Waco are noisy and confusing. You hear the tow trucks before you see them. Someone is asking if you’re hurt, someone else wants your insurance card, and your phone is buzzing with questions you don’t have answers for. The law behind all of this, the rules that decide who pays and how much, can feel distant in that moment. But the choices you make early on often determine how the claim resolves months later. Having handled auto cases across McLennan County and Central Texas, I’ll walk you through how Texas fault law and insurance actually work on the ground, what traps catch good people off guard, and how a local perspective helps.
Texas is a fault state, and that matters at the scene
Texas uses an at‑fault system. Liability follows the person or company that caused the crash, and their insurer is supposed to pay for the harm. That sounds straightforward until you realize fault is a spectrum, not a switch. Most collisions involve at least two imperfect drivers, and sometimes a third party, like a road contractor, a bar that overserved, or a vehicle manufacturer with a defective component.
On a quiet Sunday, a client heading north on Valley Mills pulled out on a green light with a protected left turn. A pickup barreled through the red and clipped her rear quarter, spinning her into the median. The trooper wrote the other driver for red light disregard, but the insurer still argued my client “should have seen him” and assigned her 20 percent fault. That single adjustment would have cost her tens of thousands. In Texas, how that allocation shakes out directly changes your recovery.
Modified comparative negligence, and where the 51 percent line cuts you off
Texas follows modified comparative negligence. Your compensation is reduced by your percentage of fault, and if you are more than 50 percent responsible, you recover nothing. You can be 50 percent at most, not 51. In practice, adjusters lean hard on this rule. If they can push you fractionally over the line, they avoid paying entirely.
Two points from experience:
- Fault numbers are negotiable, not scientific. The difference between 30 percent and 0 percent may hinge on a single camera angle from a nearby gas station or an accurate drawing of final rest positions. Delay gives the defense leverage. Skid marks fade, witnesses move, and the story hardens in the opposing file. A Waco car wreck lawyer who starts within days can often lock down video from businesses along La Salle, Valley Mills, Bosque, and I‑35 frontage before systems overwrite it.
Minimum insurance is low, and policy limits shape many outcomes
Texas minimum auto liability is 30/60/25. That means $30,000 per injured person, $60,000 total per crash for all bodily injuries, and $25,000 for property damage. The person who hit you may carry only the minimum. If three people are hurt, they share that $60,000 pot. Hospital bills can burn through it within hours. A single helicopter transport from a rural scene into Waco or Temple can exceed $40,000.
Many Texans carry more than the minimum, but not enough. I see a lot of 50/100/50 and 100/300/100 policies. Commercial vehicles often carry at least $750,000 under federal rules, with higher limits for larger trucks or hazardous cargo. Rideshares, delivery services, and company cars have layered coverage that depends on whether the driver was “on the app,” on a delivery, or off duty. Sorting out who was doing what at the time is not a paperwork exercise, it is the heart of where the money is.
When the at‑fault driver is underinsured, your own policy can be the lifeline. Uninsured/underinsured motorist coverage, UM/UIM for short, applies when the other driver has no insurance or not enough. You are not required to purchase it, but your insurer must offer it in writing. I recommend it to everyone, because the cost is modest compared with its value. Clients are often surprised to learn their UM/UIM can match the liability limits they purchased for others. If you carry 100/300 UM/UIM, and the negligent driver only has 30/60, your UIM coverage can fill the gap after you exhaust the other policy.
PIP and MedPay: what pays quickly, and how reimbursement works
Texas policies can include personal injury protection, PIP, or medical payments coverage, MedPay. PIP in Texas pays medical bills and a portion of lost wages, plus reasonable expenses like home help, regardless of fault. MedPay pays medical bills only. PIP includes up to 10 percent of the medical amount for nonmedical expenses, and unlike MedPay it cannot be subrogated by the auto insurer in Texas, which means the carrier generally cannot demand repayment from your injury settlement. That feature makes PIP especially valuable. I have seen $2,500 in PIP keep a patient out of collections and buy time to secure a proper settlement. Higher PIP limits, like $5,000 or $10,000, are available and underused.
Health insurance, if you have it, will usually pay first, even when someone else is to blame. The plan will then assert subrogation rights to get reimbursed from your recovery. ERISA plans, Medicare, and Medicaid follow federal rules that are strict and nonnegotiable in some respects but still allow room to reduce liens when there is not enough insurance or when attorneys create the recovery. Private plans through Texas employers vary. Knowing the lien landscape early helps avoid a settlement that looks good on paper but nets poorly after medical paybacks.
What counts as damages in a Texas auto case
Texas law recognizes economic and noneconomic damages. Economic losses include medical bills, future medical care, lost wages, diminished earning capacity, and property damage. Noneconomic losses include pain, mental anguish, physical impairment, and disfigurement. There is no statutory cap on damages for most auto cases involving private individuals. Claims against government units have caps and special notice requirements, more on that shortly.
In practice, valuation is context heavy. A broken wrist for a machinist who can’t return to precision work is different from the same fracture for an office manager who returns after two weeks. Scars matter in Texas law. A facial laceration that heals well may still justify compensation if it changes the way a person presents or is perceived in the workplace. Jurors in McLennan County listen carefully to credible medical testimony, and they can spot padding from a mile away. Document real pain with consistent treatment, and do not chase care you do not need.
How insurers actually evaluate liability and injury
Every Texas auto carrier uses internal software to score claims. The names and numbers vary, but the inputs are similar: impact severity, property damage photos, repair cost, medical diagnosis codes, treatment duration, gaps in care, imaging findings, prior injuries, and social factors like recorded statements. Recorded is the key word. Casual phone calls with adjusters are recorded, transcribed, and fed into the evaluation. If you say “I’m fine” because you were trying to be polite, it will appear later as proof of minimal injury.
What moves the needle is often not dramatic. A proper radiology report stating annular tear and nerve root contact instead of “mild bulge,” an orthopedic note linking a meniscal tear to dashboard trauma, a functional capacity evaluation that objectively measures lifting limits. A Waco auto accident lawyer who works with local providers knows which specialists communicate well, which physical therapy clinics are responsive, and how to coordinate care without inflating the file.
Property damage, rental cars, and diminished value
People fixate on medical claims, but wheels matter. You are entitled to reasonable repair costs and loss of use. If your vehicle is a total loss, the measure is actual cash value before the wreck, not what you still owe on the loan. Gap insurance bridges that difference and is worth its cost for many drivers.
Insurers must provide a rental for a reasonable period while your car is repaired, typically tied to shop estimates and parts availability. If supply chain delays stretch a repair, communicate in writing and keep receipts. Diminished value claims, compensation for the drop in resale price after a major repair, are recognized in Texas. They are stronger for newer, lower mileage vehicles with frame damage or airbag deployment. You will need a credible appraisal, not an internet printout.
Special situations: commercial vehicles, rideshares, government vehicles, and bars
Commercial policies change the pace and posture of a case. Trucking companies have duties around pre‑trip inspections, hours of service, and maintenance. Electronic logging devices, dash cameras, telematics, and dispatch records can tell a story in seconds. But these records are not kept forever. A preservation letter sent promptly can prevent spoliation and open doors in discovery later.
Rideshare coverage depends on the phase. If the driver is logged off the app, their personal policy applies. Logged in but not matched with a rider triggers a lower-tier rideshare policy. En route to pick up or on a trip usually activates a higher limit, often up to $1 million. The facts are time stamped. A Waco personal injury lawyer who knows how to request the trip data can unlock the correct layer.
If a city or county vehicle is involved, Texas Tort Claims Act rules apply. Notice deadlines are short. For many government units, you have six months to provide written notice of the claim, and some local charters require even less. Damages are capped. You also must prove a motor-driven vehicle was involved and that the employee was acting within scope. Simple errors on notice letters can sink a claim that would have settled if handled carefully.
Dram shop claims against bars and restaurants that overserve intoxicated drivers require proof the person was obviously intoxicated to the extent they presented a clear danger, and that the intoxication was a proximate cause of the crash. These cases are fact intensive. Receipts, video, staff training logs, and witness interviews matter. They often run parallel to the auto claim and can unlock additional coverage.
Timelines, deadlines, and what really happens in a Texas case
The statute of limitations for most Texas personal injury cases is two years from the date of the crash. Wrongful death claims share the two‑year period, with a few exceptions. Claims against government entities require earlier notice as discussed. UM/UIM claims often move differently because you must prove the other driver’s legal responsibility first and then pursue your own carrier for the balance. Some policies require consent to settle with the at‑fault insurer to protect subrogation rights. Miss that step and you risk forfeiting UIM benefits.
A typical timeline in Waco looks like this. Immediate medical care, either at Hillcrest or Providence or an urgent clinic. Within a week, vehicle inspection and rental set up. In the first 30 to 60 days, initial treatment and diagnostic imaging. The liability carrier may call with a quick offer. Early numbers are designed to close files cheaply. If injuries require therapy or specialist care, the treatment phase can run three to six months, sometimes longer. Only when you reach maximum medical improvement can anyone credibly evaluate future needs and settle fairly. A demand package goes out with medical records, bills, wage proof, photos, and a liability argument. Thompson Law Negotiation follows. If the carrier stalls or undervalues, suit may be filed in McLennan County District Court or County Court at Law depending on the amount. Many cases settle after suit but before trial, often following depositions or mediation when both sides see the same evidence.
Recorded statements and medical authorizations: when to say no
Insurers often ask for a recorded statement within 24 to 48 hours. You do not owe the other driver’s insurer a recorded statement. Giving one rarely helps and often hurts. Your own insurer may require cooperation, which can include a statement, but even then, preparation matters. Keep it short, factual, and avoid speculation.
Medical authorizations are another trap. Broad releases let carriers root around in ten years of history to find anything to argue your pain is old. You can provide targeted records that relate to the injuries in the crash without opening your entire file cabinet. A Waco car wreck lawyer can corral the right records while protecting your privacy.
Preexisting conditions are not a disqualifier
I hear it weekly. “My back was already bad, so this must be on me.” Texas law recognizes aggravation of preexisting conditions. If a collision worsens a condition or accelerates symptoms, the negligent party is responsible for the increase. The key is honest history. Do not hide prior issues. Explain how your baseline changed. A person with manageable degenerative disc disease who gardened on weekends and now can’t stand for 20 minutes without tingling down the leg presents a clear, credible story. Imaging often shows progression, but sometimes it does not. Doctors’ notes, family testimony, and work records can fill the gap.
Working with local medical providers and billing realities
Central Texas has excellent medical resources, but access depends on insurance, referrals, and patience. Some specialists book out weeks. If you do not have health insurance, you still have options. Many practices accept letters of protection, which means they agree to treat now and get paid from your settlement later. Used responsibly, an LOP ensures timely care. Used poorly, it inflates bills and invites skepticism. Choose providers who document well and treat conservatively, escalating only when warranted.
Emergency room bills are large and confusing. For instance, a moderate trauma activation can add thousands in facility fees. If you receive a balance bill after insurance pays its portion, do not assume you owe the sticker price. Texas law includes protections against surprise billing in many situations, and hospitals often accept reasonable reductions when an injury case has limited coverage. Negotiation is part of the process.
How juries in McLennan County view auto cases
Jurors here value accountability and authenticity. They respond to clear narratives supported by medical facts and ordinary language. Overreaching falls flat. A soft‑tissue case with months of unexplained therapy and no diagnostic workup will face headwinds. A case with documented objective findings, honest testimony about limitations, and sensible treatment will earn respect. That does not mean every case goes to trial. Most do not. But preparing as if you will face twelve citizens builds better settlements because the other side can feel that readiness.
What to do in the first week after a crash
Here is the short checklist I give friends and family who call from the shoulder of Highway 6 or the roundabouts near Baylor.
- Seek medical care promptly and follow the plan. Gaps in treatment create doubt. Photograph vehicles, the scene, injuries, and anything unusual like missing signage or obscured signals. Gather names, phone numbers, and emails of witnesses. Store surveillance contacts for nearby businesses. Call your insurance to report the crash, but be cautious with recorded statements to the other side. Consult a Waco auto accident lawyer before signing releases or accepting early offers.
Those five moves protect your health and preserve the facts you will need later. They also signal to insurers that you are taking the process seriously.
How a local lawyer changes the equation
There are plenty of lawyers in Texas. A Waco personal injury lawyer brings familiarity with the roads, the judges, the adjusters assigned to this region, and the medical ecosystem. If your car was towed to a lot off Franklin, we know how to get access for an inspection before it is crushed or auctioned. If the collision happened near construction, we know which subcontractor was on that stretch of I‑35 last quarter. If the insurer handling the claim tends to lowball until suit, we budget for suit early rather than waste months in false negotiation.
A practical example: a rear‑end crash on Hewitt Drive with minimal bumper damage. The defense called it “tap and go.” The client had neck pain that worsened over the next 72 hours and numbness in the right hand. We obtained the GM airbag control module data, which records delta‑V even without airbag deployment. The data showed a change in speed consistent with a significant acceleration. Combined with cervical MRI showing a new C6‑7 protrusion contacting the nerve root and conservative treatment notes from a respected local physiatrist, the case resolved at a number ten times the initial offer. The facts were there, but it took local relationships and know‑how to bring them into focus.
Settlement, taxes, and final paperwork
When a case resolves, the carrier issues payment, usually within 10 to 20 business days of receiving signed releases. Settlement funds first satisfy case costs, attorney’s fees, and medical liens or balances, then the client. In Texas, compensation for personal physical injuries is generally not taxable as income under federal and state law. Portions allocated to lost wages may be taxable in certain circumstances, and interest on judgments is taxable. Punitive damages, rare in auto cases, are taxable. It is wise to check with a tax professional for edge cases.
Release language matters. Some releases include broad indemnity clauses or confidentiality terms. If a UM/UIM claim follows, ensure the release preserves your rights against your own carrier and complies with consent‑to‑settle provisions. If there is a Medicaid or Medicare lien, finalize the lien resolution before disbursing, not after. Mistakes here can undo months of good work.
When you should not handle it alone
Not every crash requires a lawyer. Property‑damage‑only claims or minor injuries that resolve in days can often be handled directly with an adjuster. If you are comfortable, document everything and be persistent. But if you have ongoing pain, missed work, medical bills that make you nervous, disputed liability, a hit‑and‑run with UM/UIM in play, or a crash involving a commercial vehicle or government entity, the stakes are high. The law is not forgiving of missteps, and insurers invest millions training people to exploit them.
A seasoned Waco car wreck lawyer does more than fill out forms. We sequence care, shape the evidentiary record, preserve digital data, negotiate liens down so you keep more of your settlement, and, when necessary, walk a case into the courtroom with confidence. Those are learned skills built over years of local practice.
Final thoughts from the road
Texas fault and insurance laws aim for fairness, but the terrain is uneven. Policy limits cap justice more often than juries do. Comparative negligence invites insurers to nickel and dime the truth. On the other hand, strong facts told clearly still carry the day in Central Texas. If you focus on what you can control in the first week, use your own coverages wisely, and ask for help when the file gets bigger than a kitchen table, you give yourself the best chance at a clean recovery. And if you drive through Waco tomorrow, leave a little more space, keep your head on a swivel near construction, and check your policy for UM/UIM and PIP before you need them. That small investment today can save your case later.
Contact Us
Thompson Law
510 N Valley Mills Dr Suite 304-U,
Waco, TX 76710, United States
Phone: (254) 221-6590