What to Do If Someone Sues You for a Car Accident in Texas

Being sued after a crash is one of those situations nobody expects, and when it happens, it can feel overwhelming. You may worry about your finances, your reputation, and how to even begin responding. Many Texans search for what to do if someone sues you for a car accident in Texas because the steps you take right away matter. At Anderson, Cummings & Drawhorn, we guide people in Fort Worth and across Texas through this process, from the first notice of a lawsuit to preparing for trial if needed.

What Happens When You’re Sued After a Car Accident in Texas?

When you are sued after a car accident in Texas, you are being named as the defendant in a civil claim seeking compensation for damages. The plaintiff, often another driver, passenger, or pedestrian, may claim you were at fault for the crash and are therefore responsible for their medical bills, lost wages, or pain and suffering.

The process formally begins when you are “served” with court documents such as a petition or complaint. These papers outline what the plaintiff believes happened and the compensation they are seeking. Texas law requires you to respond within a strict deadline, so doing nothing is not an option.

Does Insurance Protect You from a Lawsuit in Texas?

In most cases, yes. Your auto insurance is designed to protect you when claims like this arise. Almost all policies include a “duty to defend” clause, which means your insurance company must provide a lawyer and cover costs up to the policy limits.

According to the Texas Civil Practice & Remedies Code, Chapter 101, insurers have the right to investigate, defend, and even settle claims that fall under your coverage. While that support is important, it does not guarantee success in every case. That is why you must still be engaged in the process and understand your own legal rights.

What to Do If You’ve Been Sued

If you are sued for a car accident in Texas, it can be hard to know where to begin. Your early actions can shape the outcome of the entire case. The following steps can help:

• Notify Your Insurance Company: Contact your insurer right away after being served. Provide all paperwork and follow their instructions carefully.
• Cooperate with Your Insurer: Your carrier will likely assign a lawyer to defend you. Work with them, answer their questions, and follow their advice.
• Avoid Contact with the Plaintiff: Do not speak directly to the person suing you or their lawyer. Anything you say could later be used in court.
• Gather Evidence: Keep all accident-related documents together, including police reports, photos, medical records, witness details, and your policy information.
• Consult with a Lawyer: Even if your insurer provides an attorney, it is smart to talk with an independent car accident lawyer about your rights.
• Understand the Lawsuit: Read through the papers you received so you know exactly what allegations have been made.
• Prepare for Court: If settlement talks fail, your case could go to trial. Work closely with your lawyer to get ready.

Taking these steps gives you the best chance to protect yourself and manage the process with confidence.

Common Mistakes That Can Hurt Your Defense

The most common mistakes after being sued include ignoring deadlines, speaking to the plaintiff directly, or posting about the accident on social media. Many defendants also assume their insurance will handle everything, when in fact their cooperation and careful record-keeping are still required. Delays or missteps can weaken your defense and increase the risk of a judgment against you.

Liability in Texas Car Accidents

Texas follows a comparative negligence rule. Under the Texas Civil Practice & Remedies Code, Chapter 33, a plaintiff cannot recover compensation if they are found more than 50 percent at fault for the crash. This rule can become a powerful defense strategy. If evidence shows the plaintiff’s share of fault was equal to or greater than yours, they may not be able to collect damages.

Settlement vs. Trial: What’s Best?

There isn’t one answer for every case. Many lawsuits are resolved through settlement, which saves time and legal costs. Settling also allows both sides to avoid the uncertainty of a courtroom. However, if the damages being demanded are unreasonable or if liability is strongly disputed, trial may be the better route. Your attorney will help you weigh the pros and cons so you can make an informed decision.

Contact a Texas Car Accident Defense Lawyer

If you are unsure what to do if someone sues you for a car accident in Texas, Anderson, Cummings & Drawhorn is here to help. We defend clients throughout Fort Worth and across the state, standing up for their rights at every stage of litigation. Call 817-920-9000 today to arrange a free consultation and learn how we can support you.