Houston car accidents: deadlines, crash reports and claims

Deadlines and fault rules in Houston#

Houston has no deadline of its own for suing another driver; the Texas statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary applies. Most injury and vehicle-damage lawsuits must be filed within 2 years of the crash (Tex. Civ. Prac. & Rem. Code § 16.003(a)). A wrongful death claim must be filed within 2 years of the date of death.

Texas uses proportionate responsibilityProportionate responsibility. Texas's name for its comparative-fault system: the jury assigns each party a percentage of responsibility. Glossary. Your damages are reduced by your own share of the blame, and you recover nothing if your share is 51% or more. The Texas guide covers insurance minimums, damage caps and exceptions such as injured children, and the fault-rule explainer shows the math.

Getting a crash report in Houston#

Houston police officers write the Texas Peace Officer's Crash Report and file it with TxDOT. HPD says reports need 5 to 8 days of processing before the public can get them. There are three ways to get a copy:

1. Online. Buy it through TxDOT's Crash Report Online Purchase System for $6, or $8 for a certified copy. HPD notes that online buyers must confirm, under penalty of perjury, that they meet the requirements of Texas H.B. 2633.
2. By mail. Send a $6 check or money order payable to the City of Houston, a self-addressed stamped envelope and HPD's completed H.B. 2633 form to the Records Division.
3. In person. Visit the Records Division.

The Records Division is at HPD Records Division, Edward A. Thomas Building, 1200 Travis St., 1st floor, Houston, TX 77002 (713-308-8500, option 3).

HPD asks for at least two details: the date, the location, a driver's name, or the incident number. It also says full copies are sold only in person or by mail. Our guide to the police report explains how insurers use it.

Claims against the City of Houston#

If a city vehicle or employee caused your crash, Article IX, Section 11 of the City Charter requires a written notice of claimNotice of claim. A written notice that must be sent to a city, county or state agency before you can sue it, often within a few months. Glossary to the mayor and city council within 90 days after the injury or damage. Texas law approves city charter deadlines like this one, so the shorter period counts.

The charter says the notice must state when, where and how the crash happened, how serious the injury or damage is, the amount you would settle for, your street address and past addresses, and the names and addresses of your witnesses. The City asks that the letter be signed before a notary and sent with repair estimates, photos, the accident report if available, the vehicle's title and any medical bills. Mail it to the City Secretary's Office, P.O. Box 1562, Houston, TX 77251-1562, with a copy to the City Attorney's Office, Claims/Subrogation Section, P.O. Box 368, Houston, TX 77001-0368.

The Texas Tort Claims Act also caps a city's liability at $250,000 per person, $500,000 per occurrence and $100,000 for property damage. Claims against other public bodies, such as Harris County, generally follow the state's notice deadline of 6 months.

Crashes in Houston#

TxDOT's 2025 figures for the city of Houston show 60,317 reportable crashes, 1,465 people seriously injured and 293 people killed. That is the highest death toll of any Texas city in TxDOT's table, out of 3,769 traffic deaths statewide.

Where a lawsuit is filed#

Under the Texas venueVenue. The county or court location where a lawsuit is filed and heard. State rules decide the proper venue, often the place where the events happened or where the defendant lives. Glossary rule, a lawsuit is usually filed in the county where all or a substantial part of the events happened, or in the county where the defendant lived when the claim arose (for a business, its principal Texas office). Most of Houston lies in Harris County, so many Houston crash cases are filed there. A suit can go to one of three kinds of court:

• Harris County district courts, the main trial courts for larger civil cases.
• Harris County's county civil courts at law, which share jurisdiction with the district courts in civil cases up to $325,000.
• Small claims in a justice courtJustice court. A Texas court led by a justice of the peace. It hears small civil cases, including small claims, up to a dollar limit set by state law, with simpler procedures than higher courts. Glossary, for claims up to $20,000.

Our guide to filing a lawsuit explains the steps after the petition is filed.

Finding a lawyer in Houston#

The Houston Bar Association's referral program is the Houston Lawyer Referral Service, which is certified by the State Bar of Texas. Call (713) 237-9429. A first office consultation with a referred lawyer costs $20. Before you hire anyone, check the license in the State Bar of Texas Find a Lawyer directory. Read more about lawyer referral services.