Personal injury law in Texas covers an enormous range of incidents — from common car accidents to complex industrial catastrophes. Understanding what type of case you have is the first step in protecting your legal rights, choosing the right attorney, and recovering the compensation you deserve. McFarlane Law has recovered more than $100 million for injured Texans across every major personal injury practice area. This guide explains the most common types of Texas personal injury cases and the specific legal regimes that govern each.
Motor Vehicle Accident Cases
Motor vehicle cases are the largest category of Texas personal injury claims. Car accidents involve passenger vehicles, SUVs, and pickup trucks; truck accidents involve 18-wheelers, delivery trucks, and commercial vehicles subject to FMCSA regulations; motorcycle accidents involve unique liability and damages issues; pedestrian and bicycle accidents involve crosswalks, signals, and bike lane disputes; rideshare accidents implicate Uber and Lyft’s commercial insurance; and bus accidents involve municipal and private bus operators. Each subtype carries its own evidence, expert, and liability framework. Insurance limits, comparative fault, and damages cap considerations differ significantly between motor vehicle case types.
Workplace and Industrial Injury Cases
Texas workplace injury cases include construction, oilfield, plant explosion, maritime, offshore, manufacturing, warehouse, and trucking incidents. Texas is the only state where private employers can decline to carry workers’ compensation, creating powerful “non-subscriber” lawsuits where the employer can be sued directly. Even when the employer is covered, third-party claims against equipment manufacturers, general contractors, service companies, premises owners, and other parties open up much larger recoveries. Federal regimes — Jones Act for seamen, LHWCA for harbor workers, OCSLA for offshore platform workers — govern many Texas workplace cases. McFarlane Law specializes in workplace third-party and non-subscriber cases.
Premises Liability and Product Liability Cases
Premises liability cases include slip and fall incidents, swimming pool drownings, dog bites, inadequate security claims (negligent failure to protect against foreseeable crime), elevator and escalator injuries, and falling object claims. Texas applies different duties depending on whether the injured person is an invitee, licensee, or trespasser. Product liability cases include defective vehicles, defective drugs and medical devices, defective industrial equipment, defective consumer products, and toxic tort cases. Strict liability applies to defective products under Texas law; negligence and breach of warranty are alternative theories. Both case types require careful preservation of evidence and prompt expert involvement.
Catastrophic Injury and Wrongful Death Cases
Catastrophic injury cases involve permanent, life-altering injuries: traumatic brain injury, spinal cord injury, severe burns, multiple amputations, paralysis, blindness, and other conditions requiring lifelong care. These cases require comprehensive life-care planning, vocational assessment, and economic projection to support eight-figure damages models. Wrongful death cases involve the loss of a family member through any of the case types above. Texas wrongful death law allows the surviving spouse, children, and parents to recover; the survival action allows the estate to recover damages the deceased would have recovered if alive. Federal wrongful death regimes (Jones Act, DOHSA, FELA) apply in maritime, aviation, and railroad cases. McFarlane Law has handled catastrophic injury and wrongful death cases across every Texas practice area.
Related Practice Areas
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