Personal Injury Guide for Abilene, Texas Victims

Introduction: Why Abilene Residents Need a Local Personal Injury Guide

Abilene sits at the crossroads of U.S. Highway 83/84 and Interstate 20, a busy stretch that sees thousands of commercial trucks, oil-field service vehicles, and family cars pass through every day. Dyess Air Force Base, several colleges, and the surrounding farm and ranch land give Taylor County a unique mix of traffic, workplace, and recreational hazards. If you suffer a serious injury in or around Abilene, you are suddenly thrust into a maze of Texas statutes, insurance adjusters, and medical bills. This guide breaks down the essentials of Texas personal injury law, with a slight focus on protecting injury victims, so you can make informed decisions and preserve every dollar of the compensation you are legally owed.

Every statement below is grounded in authoritative Texas law: chiefly the Texas Civil Practice and Remedies Code (TCPRC), Texas Rules of Civil Procedure, Texas Supreme Court and Court of Appeals opinions, and regulations from the Texas Department of Insurance (TDI). When a precise answer cannot be verified, it is omitted. Use this article for information only; it does not create an attorney–client relationship.

Understanding Your Personal Injury Rights in Texas

The Legal Definition of a Personal Injury Claim

Under Texas law, a personal injury claim arises when a person is harmed because another individual or entity breached a duty of care. That breach can be negligence (failing to act as a reasonably prudent person would), strict liability (such as in some product defect cases), or intentional misconduct. The injured party may recover damages for medical costs, lost wages, pain and suffering, and other recognized losses (TCPRC §41.001).

Statute of Limitations: Two-Year Deadline in Most Cases

Texas sets a strict two-year statute of limitations for “personal injury … resulting in physical damage to the person” (TCPRC §16.003(a)). Missing this deadline usually bars any lawsuit, no matter how strong the evidence. Exceptions exist—for example, claims on behalf of a minor may toll (pause) until the child turns 18—but they are narrowly construed by Texas courts.

Proportionate Responsibility (Modified Comparative Fault)

Texas follows a modified comparative fault system codified in TCPRC Chapter 33. If you are 50 percent or more responsible for your own injuries, you recover nothing (the so-called “50 percent bar”). If you are less than 50 percent at fault, your damages are reduced by your percentage of responsibility.

• Example: A Taylor County jury awards $100,000 in damages. If you are found 30 percent responsible, the net recovery is $70,000.
• Insurance adjusters often invoke comparative fault early, so accurate accident reconstruction, witness statements, and prompt legal advice are vital in Abilene cases.

Common Types of Personal Injury Cases in Abilene and Across Texas

Motor Vehicle Collisions

Abilene’s Crash Data. The Texas Department of Transportation (TxDOT) recorded over 3,000 crashes in Abilene for the most recent full reporting year. Many occurred along I-20 frontage roads and South First Street, where speed variance is high. Common causes include distracted driving, fatigue (especially among long-haul truckers on I-20), and intoxication.

Oil Field and Industrial Accidents

Abilene lies near the edge of the Permian Basin service corridor. Workers often commute to drilling sites in neighboring counties. Equipment malfunctions, insufficient fall protection, and chemical burns top the injury list. While many such claims fall under Texas workers’ compensation, non-subscriber employers or negligent third parties (e.g., equipment manufacturers) may still be sued in civil court.

Premises Liability (Slip, Trip, and Fall)

Taylor County property owners owe lawful visitors a duty to keep premises reasonably safe. Under Texas premises liability law, you must prove:

• The owner knew or should have known of a dangerous condition;
• Failed to warn or make the condition safe; and
• The condition proximately caused your injury.

Examples include wet grocery store floors on Barrow Street or damaged sidewalks near Abilene’s historic downtown.

Dog Bites and Animal Attacks

Texas applies a “one-bite rule” blended with negligence principles: victims may recover by showing the animal’s owner knew the dog was aggressive or failed to restrain it under local ordinances (e.g., Abilene Code of Ordinances §6-78).

Nursing Home Neglect

Facilities such as Abilene’s Hendrick Skilled Nursing and local assisted-living centers must follow state and federal care standards. Injuries from falls, bedsores, and medication errors may lead to tort suits under TCPRC Chapters 74 and 81, depending on whether the claim is classified as a medical malpractice or general negligence action.

Texas Legal Protections & Injury Laws

Damage Caps in Texas

For most ordinary negligence cases, Texas places no cap on economic or non-economic damages. However, medical malpractice claims face statutory caps under TCPRC §74.301 ($250,000 per claimant against physicians, $250,000 against a single health-care institution, $500,000 aggregate).

Punitive (Exemplary) Damages

To obtain exemplary damages, you must prove by clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence (TCPRC §41.003). Caps generally limit exemplary awards to the greater of:

• $200,000; or
• Two times economic damages plus an amount equal to non-economic damages (up to $750,000).

Insurance Requirements and Bad-Faith Protections

Texas drivers must carry at least $30,000/$60,000 bodily injury and $25,000 property damage coverage (Transportation Code §601.072). The Insurance Code §541.060 prohibits insurers from unfairly denying or delaying payment. Victims can sue for extra-contractual damages if the carrier acts in bad faith.

Attorney Licensing and Contingent Fees

Only a lawyer who is licensed by the State Bar of Texas may give legal advice. Contingency fees—common in personal injury—must be in writing and clearly state the percentage the attorney will earn plus how litigation expenses are handled (Texas Disciplinary Rules of Professional Conduct 1.04).## Steps to Take After a Personal Injury in Texas

1. Seek Immediate Medical Treatment

Insurance carriers and juries look to the first treatment record to verify severity and causation. In Abilene, victims often go to Hendrick Medical Center or Abilene Regional Medical Center. Save all bills, discharge summaries, imaging results, and prescriptions.

2. Preserve Evidence

• Photograph the accident scene, damaged vehicles, defective equipment, or unsafe property conditions.
• Request a copy of the crash report from the Abilene Police Department (APD) Records Unit or TxDOT Crash Report Online Purchase System (CRIS).
• Keep clothing, footwear, or any product involved in the incident.

3. Notify Relevant Parties

Texas Insurance Code §542.051–.061 requires prompt notice for first-party claims. If a governmental entity (e.g., City of Abilene) is involved, you must provide formal notice within six months under Texas Tort Claims Act (TCPRC §101.101).

4. Track Economic Losses

Compile pay stubs, tax returns, and employer letters to document lost wages or lost earning capacity. Texas law permits recovery for both past and future losses when supported by evidence (Texas Pattern Jury Charge 15.2).

5. Avoid Social Media Pitfalls

Defense counsel routinely subpoena public posts. Even a smiling photo at a family event can be argued as evidence you are not in pain. Adjust privacy settings and consult counsel before posting.

When to Seek Legal Help in Texas

Disputed Liability or Comparative Fault Allegations

If an insurer claims you were more than 50 percent responsible, consult a personal injury lawyer in Abilene, Texas. Skilled counsel can secure surveillance footage, hire accident reconstructionists, and depose witnesses under the Texas Rules of Civil Procedure.

Severe or Catastrophic Injuries

Spinal cord damage, traumatic brain injuries, or amputations justify hiring experts on life-care planning, future medical costs, and vocational impact. Texas Rule of Evidence 702 allows qualified experts to testify on these matters.

Insurance Bad Faith or Policy-Limit Disputes

When medical bills exceed policy limits or the carrier stalls, an Abilene accident attorney can demand the insurer tender its limits and warn of potential Stowers liability (G.A. Stowers Furniture Co. v. American Indemnity Co., 15 S.W.2d 544 (Tex. 1929)).

Local Resources & Next Steps

• Abilene Police Department Records Unit: 4565 South First, Abilene, TX 79605. Crash reports & witness statements.
• Taylor County District Clerk: 300 Oak Street, Suite 400, Abilene, TX 79602. Files civil petitions and serves process.
• Hendrick Medical Center Financial Assistance: Billing advocates who can provide itemized medical statements.
• Texas Department of Insurance Consumer Help Line: 1-800-252-3439 for insurance complaints.
• Independent Living Center of the Big Country: Support services for injury victims facing disability.

Authoritative Further Reading

Texas Civil Practice & Remedies Code Chapter 16Texas Proportionate Responsibility StatuteTexas Department of InsuranceTexas Judicial Branch Opinions Search

Legal Disclaimer

This guide provides general information based on verified Texas law and is not legal advice. Consult a licensed Texas attorney for advice about your specific situation.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.