Riding Shotgun Shouldn’t Cost You Your Future
You are heading down Expressway 83 on a Tuesday afternoon. The music is playing, and you trust the person behind the wheel. Then, in a split second, tires screech and glass shatters. You didn’t steer the car. You didn’t touch the brakes. You were just a passenger. Yet here you are, hurt and wondering who is going to pay for the ambulance ride to Rio Grande Regional Hospital.
Texas law protects passengers, but the rules can be confusing. You might worry about suing a friend or getting stuck with medical bills that aren’t your fault. We know the panic. Our team at Garza Law grew up right here in South Texas. We believe in straight talk and helping our neighbors get back on their feet. Here is the plan if you are injured as a passenger in a crash.
Your Health Comes First
Adrenaline can mask severe pain. You might feel fine immediately after a wreck on Bicentennial Boulevard, but injuries often show up hours or days later. Go to a doctor immediately. If you wait, insurance adjusters might argue you weren’t really hurt.
Texas imposes strict deadlines for personal injury lawsuits. Under the Texas Civil Practice and Remedies Code Section 16.003, you generally have only two years from the date of the crash to file a claim. That might sound like a long time, but building a case takes months. Missing this window usually means your case is dismissed forever.
Who Is Responsible for My Bills?
Texas is an “at-fault” state. This means the person who caused the wreck pays for the damages. As a passenger, you have a unique advantage. You are rarely at fault.
The responsibility usually falls on one of two people:
- The Other Driver: If another car hit the vehicle you were riding in, you would file a claim against that driver’s insurance.
- Your Driver: If the person driving you caused the crash, their insurance coverage applies to your injuries.
Many people hesitate to file a claim against a friend or relative. We understand that feeling. But remember that you are not taking money out of their bank account. You are seeking payment from the insurance company that you pay every month to cover exactly this kind of situation.
Understanding Texas Insurance Coverages
Texas law requires all drivers to carry liability insurance. The Texas Transportation Code Section 601.072 sets the minimum limit at $30,000 per person for bodily injury. This money pays for your medical bills, lost wages, and pain and suffering.
Sometimes, the at-fault driver doesn’t have enough insurance. In these cases, other options might save you:
- Personal Injury Protection (PIP): Texas Insurance Code Section 1952.151 requires insurance companies to offer PIP. Unless the policyholder rejected it in writing, this coverage pays for medical bills and lost wages regardless of who caused the crash. It covers you as a passenger, too.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver has no insurance or low limits, the driver of your car might have UM/UIM coverage that extends to you.
- Your Own Auto Policy: If you have your own car insurance policy with PIP or UM/UIM, it might cover you even when you are riding in someone else’s vehicle.
What If My Driver Is a Family Member?
Cases involving family members have extra layers of complexity. Texas has specific statutes that can limit liability between close relatives in some situations. Insurance policies also have “household exclusions” that may deny coverage if you live with the driver.
Do not assume you are out of luck. These exceptions are narrow and depend heavily on the specific facts of your relationship and the policy language. We analyze these details every day to find valid coverage for our clients.
Gathering Evidence at the Scene
If you are physically able, take steps to protect your claim before leaving the accident site:
- Call the Police: A crash report creates an official record.
- Get Information: Snap photos of insurance cards and driver’s licenses from everyone involved.
- Take Photos: Pictures of the vehicle damage, skid marks, and road conditions tell the story better than words.
- Witnesses: Get names and phone numbers of anyone who saw the crash.
Dealing with Insurance Adjusters
Insurance adjusters are trained to save their company money. They might call you quickly, acting friendly and concerned. They might ask for a recorded statement.
You are not required to give a recorded statement to the other driver’s insurance company. Adjusters often ask leading questions to make it look like you aren’t hurt or that you contributed to the accident. They might ask, “How are you today?” If you say “Fine” out of habit, they write down that you are not in pain.
Refer all calls to your attorney. If you don’t have one yet, tell them you are getting medical treatment and will talk when you are ready.
Proving Negligence in Texas
To get compensation, we must prove the at-fault driver was negligent. This means showing four things:
- Duty: The driver had a duty to drive safely.
- Breach: The driver broke that duty (speeding, texting, running a red light).
- Causation: That specific action caused the crash.
- Damages: You suffered actual physical or financial harm.
Texas follows a “proportionate responsibility” rule under Chapter 33 of the Civil Practice and Remedies Code. Even if multiple drivers share the blame, you can still recover damages as long as you were not more than 50% responsible. Since passengers rarely steer the car, this rule rarely bars you from recovery, but it can affect who pays.
Why You Need a Local Team
We don’t rely on flashy billboards or empty promises. We grew up here. We know the difference between a crash on 10th Street and a pileup on the Loop. We understand the local courts and how insurance companies operate in the Rio Grande Valley.
Our job is to handle the legal battles so you can focus on healing. We investigate the crash, find every available insurance policy, and fight for the full compensation you need for your medical bills and lost income.
Get an Honest Assessment of Your Case
You didn’t ask for this crash. You shouldn’t have to pay for it. If you are hurt, we are here to listen and offer steady guidance. We will review your case, explain your rights under Texas law, and help you decide the best way forward.
Call us at 956-201-7787 to talk with our team at Garza Law. Let us help you ride through the storm.
