- Will my Dallas car accident lawsuit go to trial?
- How often do car accident cases go to trial in Texas and nationwide?
- What is the typical Texas personal injury litigation timeline in Dallas County?
- Which courts in Dallas County hear car crash cases, and why does that matter?
- What Texas laws might affect whether your case settles or goes to trial?
- What evidence helps or hurts a Texas car accident claim at trial?
- How do mediation and arbitration work in Texas car crash disputes?
- Should you settle or go to trial in Dallas or the greater DFW area?
- What should you expect if your Dallas car accident case goes to a jury trial?
- How do insurance companies approach trial risk in North Texas?
- What can defendants and insurers do to limit trial exposure?
- What deadlines and local rules should Dallas litigants know?
- How does comparative fault change settlement value and trial strategy?
- What if the at-fault driver worked for a city or county in DFW?
- Can a Dallas car accident case be removed to federal court?
- Is there an average Dallas car accident settlement, and how are damages measured?
- How do you preserve vehicle black box data and avoid spoliation problems?
- How do liens and subrogation affect settlement or trial decisions?
- How does GoSuits help Dallas car crash clients decide whether to settle or go to trial?
- Sources and Dallas–Texas resources
Will my Dallas car accident lawsuit go to trial?
Most Dallas car accident lawsuits resolve through insurance negotiations or mediation before a jury is ever seated. Whether your case goes to trial depends on the strength of the evidence, the damages at stake, disputed fault, the insurance company’s risk tolerance, and legal issues unique to Texas. We walk through each factor here so you can see how cases in Dallas County, Collin County, Tarrant County, Denton County, and nearby cities like Plano, Irving, Arlington, Garland, Mesquite, Richardson, Carrollton, Frisco, Grand Prairie, and Fort Worth typically unfold.
If you are the injured person, a Dallas car accident attorney can investigate quickly, preserve evidence, evaluate liability under Texas law, and prepare for both settlement and trial. If you are a defendant or insurer, an early liability and damages analysis can surface defenses, comparative responsibility, or responsible third parties. In either posture, preparation for trial often leads to better settlements, and when settlement is not achievable, a prepared case is positioned for a Dallas County jury.
How often do car accident cases go to trial in Texas and nationwide?
Only a small fraction of tort cases are resolved by trial. The U.S. Department of Justice’s Bureau of Justice Statistics reported that in large counties nationwide, about 3 to 4 percent of tort cases were disposed by trial in state courts during the Civil Justice Survey period. That includes motor vehicle cases. See the Bureau’s Civil Justice Survey of State Courts publications for context and historical figures. These reports show that the overwhelming majority of cases end in settlement, dismissal, or summary judgment rather than a verdict.
Texas trial rates follow the same broad pattern. The Texas judiciary’s Office of Court Administration publishes annual statistical reports indicating relatively few civil jury trials compared to total filings statewide. While Dallas County has a robust civil docket, only a small share of cases culminate in a jury verdict. The takeaway is not that trials never happen, but that preparation for trial is a key driver of fair settlements in North Texas auto claims.
What is the typical Texas personal injury litigation timeline in Dallas County?
Every case is different, but many Dallas car accident lawsuits move through these stages:
What happens in the first 30 to 90 days after a crash?
- Safety and medical care first. Emergency care, follow-ups, and documented treatment form the foundation for proving damages.
- Investigation and preservation. Photographs, video, 911 recordings, vehicle data, witness statements, police reports, and roadway design details are gathered. Formal preservation letters may go to carriers and potential defendants to maintain evidence that is reasonably anticipated to be relevant, including event data recorder information and surveillance.
- Insurance notices and PIP/MedPay. Texas policies often include Personal Injury Protection unless rejected in writing. See Texas Insurance Code provisions on PIP and UM/UIM.
When is a lawsuit filed in Dallas County courts?
A petition is filed when liability is disputed, damages are significant, or negotiations stall. Texas has a two-year statute of limitations for most personal injury cases, including car crashes, measured from the date of injury.
What happens after filing under Texas Rules of Civil Procedure?
- Pleadings and service. The plaintiff serves the petition and citation. Defendants answer and may raise affirmative defenses like proportionate responsibility, or move to designate a responsible third party.
- Required disclosures and discovery. Texas requires initial disclosures without awaiting discovery requests. Parties then exchange written discovery, take depositions, and litigate motions.
- Pretrial conferences and ADR. Courts in Dallas, Collin, and Tarrant Counties frequently set mediation. Alternative dispute resolution is governed by statute and often by local rules or standing orders.
- Texas Rules of Civil Procedure, including Rules 190, 194, 196 to 199, 216
- Tex. Civ. Prac. & Rem. Code ch. 154, Alternative Dispute Resolution
When does a case actually reach trial?
Trial dates depend on the court’s docket, case complexity, and readiness. Dallas County District Courts and County Courts at Law set scheduling orders that target trial within months after discovery closes, but continuances and motion practice can extend the timeline. A minority of cases proceed to jury verdict; many settle along the way when both sides can assess risks and damages with clearer evidence.
Which courts in Dallas County hear car crash cases, and why does that matter?
In the Dallas–Fort Worth area, motor vehicle injury lawsuits are typically filed in a District Court or a County Court at Law in the county where the crash occurred or where a defendant resides, subject to the Texas venue statute. Jurisdiction and venue influence procedures, scheduling, jury pool composition, and sometimes the pace of the case.
Your lawyer will consider filing in Dallas County, Collin County, Tarrant County, Denton County, or another North Texas county based on where the parties and events are located. In some cases, defendants remove a case to the U.S. District Court for the Northern District of Texas if the jurisdictional requirements are met, which changes some procedures and timelines.
How does comparative negligence work in Texas car accident cases?
Texas follows proportionate responsibility. A plaintiff who is 51 percent or more responsible cannot recover. If the plaintiff is 50 percent or less responsible, the recovery is reduced by that percentage. This can drive settlement bargaining and trial strategies on both sides because a small shift in responsibility can change outcomes significantly.
What is the statute of limitations for a Texas car accident case?
Most Texas personal injury claims must be filed within two years of the crash. There are exceptions, such as claims involving minors or governmental entities, but the two-year deadline is the baseline and missing it can bar your claim.
Are there Texas rules that influence settlement calculations?
- Offer-of-settlement rules. Texas has a formal offer-of-settlement framework that can shift litigation costs in some cases. This affects risk assessments during negotiations.
- Paid or incurred medical expenses. At trial, plaintiffs can typically recover only medical expenses actually paid or incurred, not amounts billed but written off. This impacts how medical damages are presented to juries.
- Exemplary damages limits. Punitive damages are subject to statutory caps in Texas.
- Tex. Civ. Prac. & Rem. Code ch. 42 and Texas Rule 167
- Tex. Civ. Prac. & Rem. Code § 41.0105
- Tex. Civ. Prac. & Rem. Code § 41.008
What if the at-fault party is not in the case yet?
Texas allows defendants to designate a responsible third party, even if that person is not joined, so the jury can allocate responsibility among all actors. This can reduce a defendant’s percentage of fault and complicate settlement dynamics.
What are Texas auto insurance minimums and how do they affect recovery?
Texas requires minimum 30/60/25 liability limits. Serious injuries can exceed policy limits, which can push a case toward trial if liability is clear but the carrier refuses to tender limits and there are disputes about damages or additional responsible parties.
How are UM/UIM claims different in Texas?
Under Texas law, an insured generally must establish the other driver’s liability and the amount of damages before UM or UIM benefits are owed. This posture shapes litigation strategy and sometimes encourages filing suit to obtain a judgment or binding determination of damages.
What evidence helps or hurts a Texas car accident claim at trial?
Trials turn on proof. Early and thorough evidence development in Dallas, Arlington, Irving, Plano, and surrounding cities can make the difference.
- Crash scene and vehicles. Photos, intersection diagrams, skid marks, debris fields, vehicle damage, airbag deployment, EDR data, and repair records.
- Police and 911 records. Crash reports, citations, and CAD or 911 audio where available.
- Medical documentation. EMT reports, hospital records, diagnostics, treatment plans, prognoses, and causation opinions consistent with Texas evidentiary rules.
- Witnesses. Lay witnesses on the crash and injuries, treating providers, and retained accident reconstructionists or economists when appropriate.
- Cell phone and telematics. Phone activity logs, truck ELDs, ride-share trip data, and fleet telematics, acquired via proper discovery and subpoenas.
- Comparative fault and seat belt use. Texas law allows relevant evidence of seat belt nonuse related to injury causation in apportioning responsibility.
How do mediation and arbitration work in Texas car crash disputes?
Mediation is the most common ADR tool in DFW courts. A neutral mediator facilitates negotiation but cannot impose a result. Texas’s ADR statute supports referral to mediation and confidentiality of communications.
Arbitration is less common in motor vehicle third-party negligence cases unless a contract requires it. Some first-party insurance disputes may include arbitration clauses, but many Texas UM/UIM matters proceed in court to establish liability and damages, consistent with Texas case law.
Should you settle or go to trial in Dallas or the greater DFW area?
There is no one-size-fits-all answer. Consider the following when weighing settlement against a Dallas County jury trial:
- Liability clarity. Clear fault often favors settlement at or near policy limits when damages support it. Disputed fault or multiple vehicles might make trial more likely.
- Damages and insurance layers. When losses exceed policy limits or there are questions about preexisting conditions or causation, trial risk changes for both sides.
- Comparative responsibility. If evidence could assign you 51 percent or more fault, the defense position strengthens. If the defense lacks credible comparative evidence, settlement pressure increases.
- ADR outcomes. Many cases settle at mediation once discovery clarifies risks.
- Costs and time. Trials require time and expense, including depositions and experts. Settlement reduces uncertainty and delay.
- Appeal risk. Verdicts can be appealed, adding time and complexity.
What should you expect if your Dallas car accident case goes to a jury trial?
Trials in Dallas County, Collin County, and Tarrant County follow Texas procedure and evidence rules.
- Jury demand and fee. Either party can demand a jury within the time allowed by rule and pay the jury fee.
- Voir dire. The court and counsel question prospective jurors about experiences with car crashes, insurance, damages, and responsibility allocations.
- Opening statements. Each side frames the issues and the proof the jury will hear.
- Evidence. Witnesses, documents, photographs, and deposition clips are presented under the Texas Rules of Evidence. Objections and rulings shape what the jury sees.
- Jury charge. The court instructs the jury on the law, including negligence, proportionate responsibility, and damages categories available under Texas law.
- Deliberations and verdict. The jury answers specific questions apportioning responsibility and awarding damages if liability is found.
- Post-verdict motions and judgment. The court enters judgment, which can be adjusted for responsibility percentages, settlements, and interest as permitted by statute.
How do insurance companies approach trial risk in North Texas?
Insurers serving Dallas, Fort Worth, and the surrounding communities perform claim valuation using fault analysis, medical documentation, injury permanence, wage loss proof, venue, and the likelihood that a jury will accept the claimed damages. They weigh trial risk using:
- Comparative fault leverage. Any credible evidence that the plaintiff shares responsibility is used to reduce offers.
- Medical causation challenges. Insurers examine gaps in treatment, prior injuries, and diagnostic findings.
- Policy limits and excess exposure. Where clear liability and high damages create potential excess exposure, carriers may tender policy limits to protect insureds.
- Offer-of-settlement tools. Texas cost-shifting rules factor into negotiation strategy.
What can defendants and insurers do to limit trial exposure?
- Early preservation and investigation. Secure scene photos, vehicle inspections, and data downloads promptly.
- Designate responsible third parties. If another actor contributed to the crash, timely designation under Chapter 33 can shift percentages of responsibility.
- Medical evaluation. Independent medical examinations where appropriate and focused challenges to causation.
- Reasonable settlement posture. Good-faith evaluation and negotiation can avoid unnecessary trials and minimize risk of excess judgments.
- Use ADR effectively. Mediation with a respected neutral in Dallas or Tarrant County often narrows issues.
What deadlines and local rules should Dallas litigants know?
- Two-year limitations period. Most personal injury claims from a crash must be filed within two years.
- Government notice. Claims against a governmental unit are subject to the Texas Tort Claims Act notice rules and other limitations.
- Initial disclosures. Texas requires prompt exchange of core information early in the case.
- Discovery plans. Discovery levels under Rule 190 set limits and timelines for requests and depositions.
- Jury demand deadlines. Timely written demand and fee are required to obtain a jury.
- ADR orders. Dallas County courts frequently order mediation before trial settings.
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 101.101
- Texas Rules of Civil Procedure, including Rules 190, 194, 216
How does comparative fault change settlement value and trial strategy?
Comparative fault can be case-defining in Dallas car accident lawsuits:
- If you are the plaintiff, a credible allegation that you were texting or speeding can reduce settlement value or bar recovery if a jury assigns you 51 percent responsibility. Rebutting these claims with cell phone records, EDR speed data, and witness testimony can reset negotiations.
- If you are the defendant, identifying specific acts by the plaintiff or a third driver that contributed to the collision can lower your exposure and sometimes lead to dismissal or favorable settlement.
What if the at-fault driver worked for a city or county in DFW?
Claims involving governmental units like a city bus, county vehicle, or state agency have special rules. The Texas Tort Claims Act provides limited waivers of immunity, caps damages, and requires timely notice to the governmental unit. These cases can proceed in local state courts but often have additional procedural requirements that affect settlement and trial posture.
Can a Dallas car accident case be removed to federal court?
Yes, if federal jurisdiction exists, a defendant can remove to the U.S. District Court for the Northern District of Texas. The most common basis is diversity of citizenship with an amount in controversy exceeding $75,000, exclusive of interest and costs. Removal changes some procedures, deadlines, and motion practice compared to state court, which can influence settlement timing.
- 28 U.S.C. § 1332, diversity jurisdiction
- 28 U.S.C. § 1441, removal
- U.S. District Court, Northern District of Texas
Is there an average Dallas car accident settlement, and how are damages measured?
There is no official average settlement for Dallas car accident claims. Public sources do not track private settlement values in a way that yields reliable averages for North Texas. Any single number would be misleading. Settlement depends on liability, comparative responsibility, medical evidence, wage loss documentation, future care needs, and the available insurance or assets.
At trial, Texas juries may be asked to consider damages categories such as medical expenses, physical pain, mental anguish, physical impairment, disfigurement, and lost earning capacity where supported by evidence. Statutes and case law shape which items can be awarded and in what amounts. Parties on both sides evaluate these categories to value cases in Dallas and surrounding counties.
How do you preserve vehicle black box data and avoid spoliation problems?
Event data recorder information, onboard cameras, and telematics can be critical. When litigation is reasonably anticipated, parties should preserve relevant evidence. Texas courts can impose sanctions if a party fails to reasonably preserve key evidence and another party is prejudiced, though sanctions are tailored to the level of culpability and prejudice.
In practice, Dallas attorneys often send timely preservation letters to opposing parties and insurers, arrange prompt vehicle inspections, and, when necessary, seek court orders to preserve or access EDR data.
How do liens and subrogation affect settlement or trial decisions?
Health insurers, Medicare, Medicaid, hospitals, and sometimes workers’ compensation carriers may assert liens or reimbursement rights against a personal injury recovery. These interests must be identified and addressed in settlement planning or post-verdict proceedings.
Negotiating liens can materially change net recovery and therefore affect the decision to accept a settlement versus presenting the case to a jury in Dallas County.
How does GoSuits help Dallas car crash clients decide whether to settle or go to trial?
If you are wondering whether your Dallas car accident lawsuit will go to trial, the answer depends on careful evaluation. GoSuits represents people in North Texas car crash cases and related civil claims throughout Dallas, Dallas County, Collin County, Tarrant County, Denton County, and nearby communities. A free consultation with a Dallas personal injury lawyer at our firm can help you understand liability under Texas law, the evidence needed to prove damages, and the paths toward settlement or trial.
- Technology-driven case building. We use exclusive proprietary software to organize evidence, model damages, map deadlines, and pressure-test trial strategy. This helps us move cases faster and present clear, compelling claims to Dallas County juries when necessary.
- Client-first attorney access. Although we leverage technology to expedite litigation, every client has a designated attorney, not a case manager, and direct access to discuss strategy, settlement options, and trial preparation.
- Leadership in innovation. Our platform integrates records retrieval, medical chronologies, deposition prep modules, and trial exhibit workflows tailored to Texas practice.
- Proven results. We have secured meaningful outcomes for clients across DFW in motor vehicle and other injury cases. See representative matters on our prior cases page.
- 30 years of combined experience. Our team brings decades of combined courtroom and negotiation experience to car accident litigation, including trials before Dallas County juries and courts in the surrounding counties.
- Trial readiness benefits you. We prepare every file as if it will be tried, which often leads to stronger settlement offers. And when settlement is not achievable, we are ready to present your case to a jury.
- Practice areas. Car and truck collisions, rideshare and commercial vehicle crashes, premises injuries, product-related injuries, and wrongful death claims.
To see examples of past work, visit GoSuits prior cases. Past results do not guarantee a similar outcome, but they reflect our commitment to preparation and advocacy for clients across Dallas–Fort Worth.
Sources and Dallas–Texas resources
- Texas statute of limitations, Tex. Civ. Prac. & Rem. Code § 16.003
- Texas comparative responsibility, Tex. Civ. Prac. & Rem. Code ch. 33
- Responsible third parties, Tex. Civ. Prac. & Rem. Code § 33.004
- Texas auto minimums, Tex. Transp. Code § 601.072
- PIP coverage, Tex. Ins. Code § 1952.152
- UM/UIM, Tex. Ins. Code § 1952.101
- Paid or incurred medical expenses, Tex. Civ. Prac. & Rem. Code § 41.0105
- Exemplary damages cap, Tex. Civ. Prac. & Rem. Code § 41.008
- Offer of settlement, Tex. Civ. Prac. & Rem. Code ch. 42 and Rule 167
- ADR statute, Tex. Civ. Prac. & Rem. Code ch. 154
- Texas Tort Claims Act, Tex. Civ. Prac. & Rem. Code ch. 101 and notice § 101.101
- Hospital liens, Texas Property Code ch. 55
- Texas Rules of Civil Procedure and Evidence
- Dallas County courts information
- Texas crash statistics and reports, TxDOT
- Bureau of Justice Statistics, Civil Justice Survey resources
- Brainard v. Trinity Universal Ins. Co., 216 S.W.3d 809 (Tex. 2006)
- Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015)
- Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014)
- 28 U.S.C. § 1332 and 28 U.S.C. § 1441 for diversity and removal
- Texas court rules research guide, State Law Library
