Texas Personal Injury Statutes
This page contains a comprehensive index of statutes from the Texas Civil Practice & Remedies Code, Transportation Code, Penal Code, Health & Safety Code, and Insurance Code that are commonly cited in personal injury cases. Each statute is presented with its full text, citation, and a summary explaining its relevance to personal injury law in Texas. The guide is organized by code and section number to facilitate research, legal reference, and academic study.
Texas Civil Statute Guide
Table of Contents
Civil Practice & Remedies Codes
- § 15.002 – Venue – General Rules for Filing Civil Cases
- § 16.001 – Tolling of Limitations (Minors, Disabilities)
- § 16.003 – Two-Year Statute of Limitations for personal injury and wrongful death
- § 33.001 – Proportionate Responsibility – Bar to Recovery if >50% at Fault
- § 33.003 – Determination of Percentage of Responsibility
- § 33.013 – Several Liability (vs. Joint Liability)
- § 33.015 – Right of Contribution Among Tortfeasors
- § 38.001 – Recovery of Attorney’s Fees for Breach of Contract (often overlaps)
- § 41.001 – Definitions Related to Exemplary (Punitive) Damages
- § 41.003 – Standards for Awarding Exemplary Damages (e.g., malice, fraud, gross negligence)
- § 41.008 – Cap on Exemplary Damages (statutory limits)
- § 71.002 – Wrongful Death – Right of Action
- § 71.004 – Parties Who May Bring a Wrongful Death Action
- § 71.021 – Survival Statute – Survival of Action After Death
- § 74.001 – Definitions under Medical Liability Law
- § 74.251 – Medical Malpractice Statute of Limitations
- § 74.301 – Damages Cap for Noneconomic Damages in Healthcare Liability Claims
- § 74.351 – Requirement of an Expert Report in Medical Malpractice Cases
- § 101.021 – Texas Tort Claims Act – Governmental Liability for Property or Injury
- § 101.022 – Duty Owed by Governmental Units for Premises Defects
- § 101.023 – Limitation on Amount of Liability (Damages Caps under TTCA)
Transportation Codes
- § 545.060 – Driving on Roadways Laned for Traffic (Failure to Maintain Lane)
- § 545.062 – Following Distance (Following Too Closely)
- § 545.351 – Maximum Speed Requirement (Unsafe Speed)
- § 545.401 – Reckless Driving
- § 545.421 – Fleeing or Attempting to Elude Police Officer
- § 550.021 – Failure to Stop and Render Aid – Accident Involving Injury or Death (Hit and Run)
- § 550.022 – Accident Involving Damage to Vehicle (Striking Unattended Vehicle)
- § 550.023 – Duty to Give Information and Render Aid
- § 550.026 – Immediate Report of Accident (When Required)
- § 601.051 – Financial Responsibility Requirement (Proof of Liability Insurance)
- § 601.072 – Minimum Motor Vehicle Liability Insurance Coverage
- § 601.191 – Operating Vehicle Without Financial Responsibility
- § 601.193 – Penalties for Repeat Offenders Without Insurance
- § 601.371 – Evidence of Financial Responsibility Required After Accident
- § 601.376 – Suspension for Failure to Establish Financial Responsibility
- § 601.081 – Effect of Compliance with Safety Responsibility Laws
- § 601.083 – Admissibility of Insurance Evidence (Limited Use in Trial Context)
Texas Penal Code
- § 19.04 – Manslaughter (basis for wrongful death claims from criminal negligence)
- § 22.01 – Assault (Civil liability may follow criminal assault)
- § 22.02 – Aggravated Assault (involving serious bodily injury or use of deadly weapon)
- § 49.01 – Definitions (e.g., “intoxicated,” “alcohol concentration” – used in DUI-related cases)
- § 49.07 – Intoxication Assault (injury caused by intoxicated operation of motor vehicle)
- § 49.08 – Intoxication Manslaughter (fatal injury caused while intoxicated)
Insurance Codes
- § 541.060 – Unfair Settlement Practices (Bad Faith Insurance Handling)
- § 542.003 – Unfair Claim Settlement Practices – General Rule
- § 542.051 – Prompt Payment of Claims – Definitions and Process
- § 542.056 – Notice of Acceptance or Rejection of Claim (15-day deadline)
- § 542.058 – Delay in Payment of Claim (Penalties and Interest)
- § 1952.101 – Underinsured/Uninsured Motorist Coverage – Requirements
- § 1952.152 – Conditions for Providing UIM Coverage
- § 1952.158 – Subrogation Rights for UIM Insurers
- § 1952.159 – Stacking of UIM Benefits (Limitations)
Health & Safety Codes
- § 481.115 – Possession of Controlled Substance (relevant in DUI/drugged driving cases)
- § 481.133 – Intoxication Assault Involving Controlled Substances
- § 822.041 – Dangerous Dog – Definitions
- § 822.042 – Requirements for Owners of Dangerous Dogs
- § 822.043 – Registration and Control Requirements
- § 822.044 – Seizure and Disposition of Dangerous Dog
- § 822.045 – Defenses in Dog Bite/Dangerous Dog Claims
Texas Civil Statute Guide
Sorted By Practice Field
Auto Accidents
- Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
- Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
- Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
- Transportation Code § 545.351 – Maximum Speed Requirement
- Transportation Code § 545.401 – Reckless Driving; Offense
- Transportation Code § 545.4251 – Use of Portable Wireless Communication Device for Electronic Messaging; Offense
- Transportation Code § 550.021 – Collision Involving Personal Injury or Death
- Transportation Code § 601.051 – Requirement of Financial Responsibility (Motor Vehicle Liability Insurance)
- Penal Code § 49.04 – Driving While Intoxicated
- Penal Code § 49.07 – Intoxication Assault
- Penal Code § 49.08 – Intoxication Manslaughter
Truck Accidents / 18-Wheeler Collisions
Transportation Code § 522.071 – Driving While Disqualified Prohibited (Commercial Driver’s License)
Transportation Code § 522.072 – Employer Responsibilities (re: CDL Drivers)
Transportation Code § 644.151 – Criminal Offense (Violation of Motor Carrier Safety Rules)
Transportation Code § 623.012 – Permit Required for Overweight/Oversize Vehicles
49 U.S.C. § 14704 – Rights and Remedies of Persons Injured by Carriers or Brokers
Motorcycle, Bicycle & Pedestrian Accidents
Transportation Code § 551.101 – Rights and Duties of Bicycle Riders
Transportation Code § 552.003 – Pedestrian Right-of-Way at Crosswalk
Transportation Code § 552.010 – Blind Pedestrians (White Cane Law)
Transportation Code § 541.201 – Definitions (Pedestrian, Bicycle, etc.)
Transportation Code § 545.066 – Passing Certain Vehicles (Move-Over/Slow-Down Law)
Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Premises Liability (Slip & Fall, Dog Bites, Negligent Security)
- Civil Practice & Remedies Code § 75.002 – Liability Limited (Landowner Limited Duty for Recreational Use)
- Health & Safety Code § 822.005 – Attack by Dog
- Penal Code § 30.05 – Criminal Trespass (Trespasser Status in Premises Cases)
- Property Code § 92.153 – Security Devices Required Without Tenant Request
- Property Code § 92.154 – Height, Strike Plate, and Throw Requirements (Door Locks)
- Property Code § 92.164 – Tenant Remedies for Landlord’s Failure to Install Security Devices
- Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
- Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
- Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Catastrophic Injuries (TBI, Amputations, Paralysis, etc.)
Civil Practice & Remedies Code § 74.301 – Limitation on Noneconomic Damages (Medical Malpractice)
Civil Practice & Remedies Code § 74.151 – Liability for Emergency Care (Good Samaritan Law)
Civil Practice & Remedies Code § 74.153 – Standard of Proof in Emergency Medical Care Cases
Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Product Liability & Recalls
Civil Practice & Remedies Code § 82.001 – Definitions (Products Liability)
Civil Practice & Remedies Code § 82.002 – Manufacturer’s Duty to Indemnify
Civil Practice & Remedies Code § 82.003 – Liability of Nonmanufacturing Sellers
Civil Practice & Remedies Code § 82.004 – Inherently Unsafe Products
Civil Practice & Remedies Code § 82.007 – Medicines (FDA Compliance Presumption)
Civil Practice & Remedies Code § 82.009 – Limited Liability for Failure to Retrofit Certain Vehicles
Texas Occupations Code § 2301.001 – Motor Vehicle Safety Responsibility Act (Defects & Recalls)
15 U.S.C. § 2068 – Prohibited Acts (Consumer Product Safety Act)
49 U.S.C. § 30118 – Notification of Defect or Noncompliance (Motor Vehicle Safety)
Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Medical Malpractice
Civil Practice & Remedies Code § 74.001 – Definitions Under Medical Liability Law
Civil Practice & Remedies Code § 74.051 – Notice of Health Care Liability Claim
Civil Practice & Remedies Code § 74.251 – Medical Malpractice Statute of Limitations
Civil Practice & Remedies Code § 74.151 – Liability for Emergency Care (Good Samaritan Law)
Civil Practice & Remedies Code § 74.153 – Standard of Proof in Emergency Medical Care Cases
Occupations Code § 159.002 – Physician-Patient Privilege (Confidentiality in Medical Malpractice)
42 U.S.C. § 1395dd – Emergency Medical Treatment and Active Labor Act (EMTALA)
Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Workplace Injuries & Employer Negligence
Labor Code § 406.033 – Employer Liability and Common-Law Defenses (Non-subscribing Employers)
Labor Code § 411.103 – Duty of Employer to Provide a Safe Workplace
Labor Code § 451.001 – Prohibition Against Retaliation for Filing Workers’ Compensation Claims
29 U.S.C. § 654 – Duties of Employers and Employees (OSHA General Duty Clause)
29 U.S.C. § 655 – Occupational Safety & Health Administration (OSHA) Standards
33 U.S.C. § 904 – Longshore and Harbor Workers’ Compensation Act (LHWCA) Liability
29 U.S.C. § 185 – Employer Liability for Acts of Employees (Labor Management Relations Act)
Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Wrongful Death
Civil Practice & Remedies Code § 71.002 – Cause of Action for Wrongful Death
Civil Practice & Remedies Code § 71.004 – Beneficiaries Eligible to Bring Wrongful Death Actions
Civil Practice & Remedies Code § 71.021 – Survival of Cause of Action (Survival Claims)
Civil Practice & Remedies Code § 16.003(b) – Two-Year Limitations Period for Survival Actions
46 U.S.C. § 30302 – Death on the High Seas Act (DOHSA): Cause of Action
46 U.S.C. § 30303 – Amount and Apportionment of Recovery Under DOHSA
Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Nursing Home Neglect / Elder Abuse
Health & Safety Code § 242.001 – Regulation and Oversight of Nursing Facilities
Health & Safety Code § 242.501 – Resident’s Rights in Nursing Facilities
Health & Safety Code § 242.505 – Requirement to Post Resident Rights and Violation Notices
Human Resources Code § 102.003 – Rights of the Elderly (Protection from Abuse and Neglect)
Human Resources Code § 48.051 – Reporting Abuse, Neglect, or Exploitation of Elderly Persons
Penal Code § 22.04 – Injury to an Elderly Individual (Criminal Liability for Abuse or Neglect)
Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Burn Injuries / Chemical Exposures
Health & Safety Code § 502.009 – Employee Education Program (Texas Hazard Communication Act)
Health & Safety Code § 502.010 – Liability Under Other Law (Texas Hazard Communication Act)
Health & Safety Code § 505.012 – Workplace Chemical Lists Required (Community Right-to-Know)
Health & Safety Code § 501.002 – Definitions (Texas Hazardous Substances Act)
15 U.S.C. § 2601 – Toxic Substances Control Act (TSCA): Regulation of Chemical Substances
29 U.S.C. § 655 – OSHA Standards for Hazardous Substances & Workplace Safety
Penal Code § 28.02 – Arson (Bodily Injury or Death Caused by Fire or Explosion)
Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Livestock & Farm Animal Accidents
Civil Practice & Remedies Code § 87.003 – Limitation on Liability for Farm Animal Activities
Agriculture Code § 143.102 – Livestock Running at Large on Highways Prohibited
Agriculture Code § 143.074 – Local Option Stock Laws (Open Range vs. Closed Range Areas)
Agriculture Code § 142.003 – Liability for Estray (Loose) Livestock
Penal Code § 42.09 – Cruelty to Livestock Animals (Negligence Per Se for Related Injuries)
Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Maritime & Offshore Injuries
46 U.S.C. § 30104 – Jones Act: Personal Injury to or Death of Seamen
43 U.S.C. § 1333 – Outer Continental Shelf Lands Act (OCSLA) Regulations
46 U.S.C. § 30302 – Death on the High Seas Act (DOHSA): Cause of Action
46 U.S.C. § 30509 – Prohibition on Limitation of Shipowner Liability
Civil Practice & Remedies Code § 33.001 – Proportionate Responsibility
Civil Practice & Remedies Code § 16.003 – Limitations (Personal Injury Two-Year Limit)
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap
Employment Law (Discrimination, Unpaid Wages, Retaliation)
Labor Code § 21.051 – Unlawful Employment Practices (Discrimination Prohibited)
Labor Code § 21.055 – Retaliation Prohibited (Protection from Retaliation)
Labor Code § 61.014 – Payment of Wages after Termination of Employment (Final Paychecks)
Labor Code § 61.016 – Wage Payment Form (Method and Form of Wage Payments)
Labor Code § 451.001 – Retaliation for Filing Workers’ Compensation Claims Prohibited
29 U.S.C. § 206 – Fair Labor Standards Act (FLSA): Minimum Wage Requirement
29 U.S.C. § 207 – Fair Labor Standards Act (FLSA): Overtime Compensation Requirements
29 U.S.C. § 215(a)(3) – Fair Labor Standards Act (FLSA): Anti-Retaliation Protection
42 U.S.C. § 2000e-2 – Title VII (Civil Rights Act): Unlawful Employment Practices (Discrimination)
42 U.S.C. § 2000e-3 – Title VII (Civil Rights Act): Anti-Retaliation Provision
42 U.S.C. § 12112 – Americans with Disabilities Act (ADA): Discrimination Prohibited
29 U.S.C. § 623 – Age Discrimination in Employment Act (ADEA): Prohibition of Age Discrimination
29 U.S.C. § 216(b) – Fair Labor Standards Act (FLSA): Enforcement and Damages
Civil Practice & Remedies Code § 16.003 – Limitations (Two-Year Statute of Limitations)
Civil Practice & Remedies Code § 41.008 – Exemplary Damages Cap