At Patterson Law Group, we understand that being involved in a Fort Worth, Texas car crash is stressful enough without the added confusion of dealing with an out-of-state driver. It happens more often than you’d expect, especially in a city like Fort Worth, which sees constant traffic from tourists, truckers, and people just passing through.
So what happens when you’re hit by someone who doesn’t live in Texas? What laws apply? Who pays for the damage? And how do you make sure you’re treated fairly?
Our Fort Worth car crash attorney is here to break it all down. If you’ve been involved in an accident caused by a driver from another state, it’s essential to understand your rights and how to protect them. Let’s take a look at how Texas law works in these situations and what you need to know to get the compensation you deserve.
Texas Roads and Out-of-State Drivers: Why It Happens So Often
With more than 313,000 miles of public roads and 80,000 miles of highways, Texas is one of the most traveled states in the country. Major interstates, such as I-35, I-20, and I-30, make Fort Worth a crossroads for truck drivers, business travelers, vacationers, and individuals relocating between states.
According to the Texas Department of Transportation (TxDOT), there were over 560,000 reported crashes in 2023. Many of those crashes involved drivers from other states who were unfamiliar with Texas laws or local traffic patterns. That unfamiliarity can easily lead to dangerous driving behaviors—and ultimately, collisions.
When you add rental cars, commercial vehicles, and tourists into the mix, it’s no surprise that out-of-state drivers are regularly involved in car crashes in Fort Worth.
Jurisdiction: Can You Sue an Out-of-State Driver in Texas?
Yes, you can. If the accident occurred in Texas, then Texas courts have jurisdiction over the case, even if the other driver lives in Oklahoma, California, or any other state.
This is possible due to Texas’s “long-arm statute” under Tex. Civ. Prac. & Rem. Code § 17.041. It allows Texas courts to exercise personal jurisdiction over non-residents who commit a “tort”—such as a car crash—within the state’s borders.
So, if you’re hit by someone from another state while driving in Fort Worth, you can file a claim in Texas, and Texas law will apply. This is a significant advantage for injured Texas residents, as it means you don’t have to chase someone across state lines to hold them accountable.
Insurance Policies and Cross-State Coverage
Auto insurance policies issued in one state typically cover drivers no matter where they travel in the U.S. That means if a driver from another state hits you, their insurance is still valid here in Texas.
However, each state has different minimum coverage requirements. For instance, the minimum liability coverage in Florida is significantly lower than in Texas. But Texas law accounts for that. Under the “broadening clause” found in most insurance policies, the insurer must adjust the out-of-state driver’s policy to meet Texas’s minimum requirements when an accident happens here.
In Texas, drivers must carry the following insurance:
- $30,000 in bodily injury liability per person
- $60,000 in bodily injury liability per accident
- $25,000 in property damage liability
If the other driver’s policy falls short, their insurer will typically be required to increase the coverage limits temporarily to meet Texas’s requirements.
The Problem with Out-of-State Insurance Companies
One of the biggest headaches after an accident with an out-of-state driver is dealing with their insurance company. Here’s what we see regularly:
- Delays in communication: Adjusters in other states may not be familiar with Texas legal procedures or deadlines.
- Low settlement offers: Some insurers take advantage of the fact that you’re dealing with an unfamiliar process and try to underpay your claim.
- Jurisdiction disputes: Insurance companies may try to argue that claims should be handled in the driver’s home state.
As a Fort Worth car crash attorney, we step in to deal with these tactics so you don’t have to. We know how to work with (and pressure) out-of-state insurers to do what’s right under Texas law.
What About Commercial or Rental Vehicles?
Crashes involving out-of-state commercial trucks or rental vehicles introduce even more complexity.
If an out-of-state semi-truck hits you, there may be multiple parties involved: the driver, the trucking company, and possibly even the vehicle manufacturer. In these cases, federal regulations from the Federal Motor Carrier Safety Administration (FMCSA) also apply.
If the at-fault driver was in a rental car from a company like Enterprise or Hertz, Texas law holds the driver, not the rental company, liable for the crash unless the company was negligent in maintaining the vehicle. However, some rental companies offer liability coverage that may be applicable in your case.
Sorting through this web of liability and insurance requires deep legal experience. That’s why it’s essential to have a car wreck lawyer in Fort Worth guiding your case.
What You Should Do After an Accident With an Out-of-State Driver
- Call 911 Immediately: Always report the accident and request an officer at the scene. Their report will document important facts, such as the other driver’s license state and vehicle registration.
- Exchange All Necessary Information: Be sure to get the other driver’s:
- Full name and contact info
- Insurance provider and policy number
- Driver’s license state and number
- Vehicle plate number and issuing state
- Take Photos: Capture images of all vehicles, damage, injuries, road conditions, and any relevant signage.
- Get Medical Care: Even if you feel okay, it’s essential to get checked out. Some injuries don’t show symptoms right away.
- Call a Fort Worth Car Accident Law Firm: Don’t let time pass while you try to navigate the claims process alone. We’ll step in to protect your rights and gather the evidence needed to build your case.
What Compensation Can You Recover?
Whether the driver is local or from out of state, Texas law entitles you to seek compensation for:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Vehicle repairs or replacement
- Pain and suffering
- Emotional distress
- Loss of consortium
- Permanent disability or disfigurement
Our job as your auto accident attorney in Fort Worth, TX, is to calculate the full value of your claim, not just the bills in your hand, but the long-term impact on your life.
How Long Do You Have to File a Lawsuit?
In Texas, the statute of limitations for personal injury and property damage claims is two years from the date of the accident (Tex. Civ. Prac. & Rem. Code § 16.003).
This deadline still applies even if the other driver is from out of state. If you miss it, your case will likely be dismissed, regardless of how strong your evidence is.
Don’t wait. Talk to a Fort Worth car accident law firm as soon as possible after your crash. The earlier we can start investigating, the better your chances of success.
Why It’s Crucial to Work With a Local Fort Worth Attorney
When you’re dealing with an out-of-state driver, having a local attorney in Fort Worth gives you a significant advantage. We are familiar with the local courts, judges, and legal procedures. We also have experience negotiating with national insurance carriers and rental companies.
Here’s what we bring to the table:
- Thorough accident investigation
- Expert witness access
- Aggressive negotiation with insurers
- Litigation-ready legal strategy
- Clear communication every step of the way
We don’t just handle your case—we handle the stress, the paperwork, and the fight to get what you’re owed.
Frequently Asked Questions (FAQs)
What if the out-of-state driver doesn’t have enough insurance to cover my damages?
If the at-fault driver’s insurance policy doesn’t meet Texas’s minimum liability requirements, their insurer is usually required to adjust the coverage to comply with Texas law. If your damages exceed their policy limits, you may be able to pursue compensation through your own uninsured/underinsured motorist (UM/UIM) coverage.
Can I still file a claim in Texas even if the driver lives in another state?
Yes. If the crash happened in Texas, you can file your claim here. Texas courts have jurisdiction over accidents that occur within the state, even when the at-fault driver is a non-resident.
What if the other driver refuses to return to Texas for court?
The case can still proceed in Texas courts. If they fail to appear in court, a default judgment may be issued against them. However, collecting on that judgment may require coordination with their home state.
Will my insurance rates go up if the other driver is at fault?
Typically, no. If you are not at fault for the accident, your insurance premiums shouldn’t increase. However, each insurer has its underwriting policies. If you’re forced to use your policy (e.g., for UM/UIM or collision coverage), speak with your provider about how it may impact your rates.
How long do I have to file a lawsuit?
In Texas, you have two years from the date of the accident to file a lawsuit for personal injury or property damage. Missing this deadline can result in your claim being dismissed, so don’t delay in speaking with a Fort Worth car crash attorney.
Take the Right Steps After a Texas Car Crash with an Out-of-State Driver
Accidents involving out-of-state drivers can get complicated quickly, but your rights as a Texas resident don’t disappear just because the other driver is from somewhere else.
With the right legal help, you can hold them accountable under Texas law and get the compensation you need to recover and move forward. If you’re facing this situation, we want you to know that we’re here to help.
At Patterson Law Group, we’ve helped countless clients in Fort Worth navigate car accident claims involving out-of-state drivers. Let us handle the legal matters so you can focus on your recovery.
Call us today for a free consultation and take the first step toward justice.
