Key Takeaways
Here is what you need to know before reading further:
- As a passenger, you are almost never at fault. Texas law gives you the right to file an injury claim against the at-fault driver(s).
- You can file claims against both drivers if both were negligent, including a friend, family member, or rideshare driver.
- Texas follows a modified comparative fault rule, as long as you are less than 51% at fault, you can still recover full compensation.
- Under Texas Civil Practice & Remedies Code Section 16.003, you have exactly 2 years from the accident date to file a personal injury lawsuit.
- The Insurance Research Council found that injury victims with an attorney receive settlements nearly 3.5 times higher than those who negotiate alone.
Being a Passenger Does Not Mean You Have No Options
Most people assume that not being behind the wheel means fewer legal rights after a crash. That is one of the biggest misconceptions in Texas accident law. As a passenger, you are actually in a stronger position than either driver; you do not have to prove who caused the crash. That burden falls on the drivers.
Whether you were in a friend’s car, a family member’s vehicle, a coworker’s truck, or an Uber or Lyft, if you were hurt, Texas law protects you. Here is exactly what those protections look like.
What Are Your Legal Rights as an Injured Passenger in Texas?
Texas is an at-fault state. That means the driver or drivers who caused the accident are financially responsible for your injuries. As a passenger, your rights include:
- The right to file a claim against the at-fault driver’s liability insurance
- The right to sue one or both drivers when multiple parties share fault
- The right to claim medical bills, lost wages, pain and suffering, and future care costs
- The right to pursue an uninsured motorist claim if the at-fault driver carried no insurance
Verified Data TxDOT CRIS Report, 2024 (released April 2025): In 2024, Texas recorded 14,905 serious injury crashes, leaving 18,218 people with serious injuries and 4,150 fatalities. A total of 251,977 people were injured in motor vehicle crashes. A reportable crash occurred every 57 seconds, with one person injured every 2 minutes and 5 seconds.
Can a Passenger Sue the Driver of the Car They Were Riding In?
Yes, and this surprises many people. This is one of the most common questions we hear at Francis Injury Law. You have the legal right to file a personal injury claim against the driver of the car you were riding in, even if that driver is a friend or a family member.
Remember: you are not suing them personally. You are filing a claim against their auto insurance policy. A good attorney handles all communication so you are never put in an awkward position with someone you know.
You can also file against both drivers when both shared fault, for example, when the driver you were with ran a stop sign, and the other driver was speeding. Both insurance policies become available to you.
Rideshare Accidents: What Uber and Lyft Passengers Need to Know
Rideshare accidents are one of the fastest-growing areas of passenger injury law in Texas. If you were hurt as an Uber or Lyft passenger, your coverage depends on the driver’s status in the app at the time of the crash.
When the trip was active, and you were in the vehicle, both Uber and Lyft carry up to $1 million in liability coverage per incident. Getting access to that coverage, however, requires knowing how and when to file. Insurance companies do not make it easy.
Our Fort Worth team handles rideshare accident cases regularly and understands exactly how to navigate Uber’s and Lyft’s layered insurance structures.
Which Insurance Policies Can Cover You as a Passenger?
Multiple sources of insurance may apply to your claim and identifying all of them is one of the most important things an attorney does for passengers.
1. The At-Fault Driver’s Liability Insurance
This is your first and primary source of compensation. Texas requires all drivers to carry a minimum bodily injury liability of $30,000 per person / $60,000 per accident. If your injuries exceed those limits, additional coverage sources come into play.
2. Personal Injury Protection (PIP)
Texas law requires insurers to offer PIP coverage, though drivers can reject it in writing. PIP pays regardless of fault, covering a portion of medical bills and lost income immediately. Always check whether the vehicle owner’s policy includes PIP before assuming it is not available.
3. Uninsured / Underinsured Motorist Coverage (UM/UIM)
If the at-fault driver carried no insurance or not enough to cover your injuries, UM/UIM coverage from the vehicle’s policy or your own auto policy can step in.
Verified Data Insurance Research Council, February 2025 (Report: Uninsured and Underinsured Motorists: 2017–2023): In 2023, more than 1 in 7 U.S. drivers (15.4%) were uninsured. Combined with underinsured drivers, 1 in 3 drivers (33.4%) were either uninsured or underinsured, a 10 percentage-point increase since 2017.
Does Texas Comparative Fault Affect Passenger Claims?
Texas follows a modified comparative fault rule under Texas Civil Practice & Remedies Code Section 33.001. If you are less than 51% at fault for the accident, you can still recover compensation. Your payout is only reduced by your percentage of fault.
As a passenger, your fault percentage is almost always zero. The only rare exceptions involve extreme action like grabbing the steering wheel. In a standard accident, you bear no fault, which means your right to full compensation is completely intact.
How Long Do You Have to File a Claim? Texas Statute of Limitations
Under Texas Civil Practice & Remedies Code Section 16.003, you have exactly two years from the date of your accident to file a personal injury lawsuit. Miss that deadline by even one day, and the court will dismiss your case regardless of how serious your injuries are or how clear the other driver’s fault is.
Two years may sound like plenty of time, but evidence disappears, witnesses’ memories fade, and insurance companies deliberately delay. Do not wait. Contact an attorney as early as possible so your case can be built while the evidence is fresh.
Important 2025 Confirmed: The 2-year statute of limitations under Texas Civil Practice & Remedies Code Section 16.003 remains in effect as of 2025 and has not been amended.
Steps a Passenger Should Take Immediately After a Texas Car Accident
What you do in the hours and days after the crash can make or break your claim:
- Seek medical attention immediately, even if pain seems minor, some injuries appear days later
- Document everything: photos of the scene, damage, injuries, and road conditions
- Get the police report number. This is critical for insurance claims
- Collect contact information from all drivers, witnesses, and first responders
- Do NOT give a recorded statement to any insurance adjuster without speaking to an attorney first
- Contact a Texas passenger injury attorney as early as possible
The Texas Department of Insurance (tdi.texas.gov) strongly advises accident victims to understand their full rights before signing any documents presented by an insurance company.
Injured as a Passenger in Texas? Francis Injury has recovered over $50 million for clients across Texas with zero fees unless we win. Get your free case evaluation today.
What Compensation Can a Passenger Recover in Texas?
Your passenger injury compensation in Texas may include all of the following:
- Emergency and ongoing medical expenses
- Future medical care and rehabilitation costs
- Lost wages and reduced earning capacity
- Physical pain and suffering
- Emotional distress and mental anguish
- Permanent disability or disfigurement
- Loss of enjoyment of life
At Francis Injury, actual results include a $900,000 settlement for a motorcycle passenger and a $1,970,000 recovery in a multi-vehicle collision. Every case is different, but we build every case for maximum recovery from day one.
If you suffered a traumatic brain injury in the crash, visit our brain injury page for more information. For general crash injuries, our car accident page covers the full claims process.
Frequently Asked Questions
+Can a passenger sue the driver of the car they were riding in?
+What if both drivers were at fault, can a passenger still get compensation?
+How long does a passenger have to file a personal injury lawsuit in Texas?
+Can a passenger use their own car insurance even if they were not driving?
Get a Free Case Review From a Texas Passenger Injury Attorney
If you were hurt as a passenger in a Texas car accident, you do not have to face the insurance companies alone. They have experienced lawyers working from the moment of the crash; you should too.
Francis Injury Law is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction held by fewer than 2% of Texas personal injury attorneys. With more than 30 years of experience and over $50 million recovered for clients across Fort Worth, Dallas, and all of Texas, our team fights for maximum compensation every time.
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