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Short answer: If you were hurt on an electric scooter in Dallas-Fort Worth because a driver, property owner, or city was negligent, you can generally bring a Texas personal injury claim. You can recover as long as you were not more than 50 percent responsible, and your recovery is reduced by your share of fault. Texas law treats a motor-assisted scooter much like a bicycle, not a motor vehicle. Where you were allowed to ride, whether city rules were followed, and which insurance applies often decide these cases. Claims against a city can require written notice within six months or less, and most lawsuits must be filed within two years.

Electric scooters are now part of daily traffic in Deep Ellum, downtown Fort Worth, Arlington's entertainment district, and college areas across the Metroplex. They are convenient, but a rider has almost no protection in a collision with a car or a fall caused by a pothole. The legal rules are also less familiar than those for a typical car wreck.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth trial lawyers handle personal injury claims across Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains how Texas law applies to e-scooter crashes, who may be responsible, and what to do to protect a claim.

Key Takeaways

• Scooters follow bicycle rules, not motor vehicle rules. Under Texas Transportation Code §551.352, bicycle provisions generally apply to a motor-assisted scooter, and "a provision of this title applicable to a motor vehicle does not apply to a motor-assisted scooter" (Tex. Transp. Code §551.352).
• State law limits scooters to streets with posted speed limits of 35 mph or less, though riders may cross faster roads at intersections. Cities can add their own restrictions.
• Dallas bans sidewalk riding. The City of Dallas says scooters "may not be ridden on or in: sidewalks, trails, parks, plazas, on roads with a speed limit of 35 MPH or higher," with a 20 mph citywide speed limit (City of Dallas).
• Fault is shared under the 51 percent bar. A claimant "may not recover damages if his percentage of responsibility is greater than 50 percent," and any recovery is reduced by the claimant's percentage (Tex. Civ. Prac. & Rem. Code ch. 33).
• Claims against a city have short notice deadlines. The Texas Tort Claims Act requires notice within six months, and city charters can set shorter periods (Tex. Civ. Prac. & Rem. Code §101.101).
• Injuries are rising nationally. The CPSC estimates 380,000 emergency department visits involving e-scooters from 2017 through 2024 (CPSC micromobility report).

What Does Texas Law Say About Electric Scooters?

Texas regulates motor-assisted scooters in Chapter 551 of the Transportation Code. A "motor-assisted scooter" is a self-propelled device with at least two wheels, a braking system, a gas or electric motor, a deck designed for the rider to stand or sit, and "the ability to be propelled by human power alone" (Tex. Transp. Code §551.351). Most rental and privately owned stand-up e-scooters in DFW fall into this category.

The key operating rules are in §551.352 (Tex. Transp. Code §551.352):

• A scooter "may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less," but may cross a faster road at an intersection.
• A person may ride "on a path set aside for the exclusive operation of bicycles or on a sidewalk," unless a city or county prohibits it.
• A county or city may prohibit scooters on a street, highway, or sidewalk "in the interest of safety."
• Rules for bicycles generally apply to scooters, while rules for motor vehicles do not.

That last point matters in an injury case. A scooter rider generally has the rights and duties of a bicyclist on the road. Drivers owe scooter riders the same care they owe cyclists. For more on those rules, see our guide to bicycle accident claims in DFW.

How Do Dallas and Fort Worth Rules Differ?

Local rules vary across the Metroplex, and they can affect both safety and fault.

Issue	Texas state law	City of Dallas	City of Fort Worth
Sidewalk riding	Allowed unless a city or county prohibits it	Not allowed, except to start or end a ride	Generally follows state law; riders may use sidewalks and paths unless posted otherwise
Road speed limit	Streets posted 35 mph or less	Not on roads posted 35 mph or higher	Streets posted 35 mph or less
Scooter speed	No speed cap stated in §551.352	20 mph citywide; 10 mph in slow-ride zones	City code does not directly address e-scooters
Rental age	Not addressed in §551.352	No rentals to people under 16	City code does not directly address e-scooters

Sources: Tex. Transp. Code §551.352; City of Dallas Dockless Vehicle Program; Fort Worth Star-Telegram; Government Technology.

In Dallas, the city also lists no-ride zones, including parks, plazas, and most trails, and says riders who break the rules can be fined up to $200 under Section 28-41.1.1 of the Dallas City Code (City of Dallas). The Fort Worth Star-Telegram reported that Fort Worth police say e-scooters "can be ridden on bike paths and sidewalks, but they are restricted to streets with a posted speed limit of 35 mph or less" (Star-Telegram). Arlington, Denton, Plano, Irving, and other cities have their own rules, so the location of a crash matters.

Who Is Liable for an E-Scooter Accident in Texas?

Most scooter injury claims fall into one of four categories.

A driver who hit the rider

The most serious scooter injuries often involve cars. CPSC staff have reported that "the top hazards in e-scooter and e-bike fatalities were incidents with motor vehicles and user-control issues" (CPSC). Common scenarios include right hooks at intersections, left turns across a bike lane, drivers opening doors into a rider's path, and drivers backing out of driveways or parking spaces. A claim against the driver is a negligence claim, usually paid through the driver's liability insurance.

A property owner or business

Falls on private property, such as a parking garage, apartment complex, or shopping center, may involve premises liability if a dangerous condition caused the crash. Our article on parking lot and sidewalk injuries in Texas explains how those claims work.

A city or other government entity

Potholes, broken pavement, missing signs, and road construction can cause serious scooter falls. Claims against a city fall under the Texas Tort Claims Act, which has special rules. For a premise defect, the government generally owes only the duty a private person owes a licensee, but that limit does not apply to the duty to warn of "special defects such as excavations or obstructions on highways, roads, or streets" (Tex. Civ. Prac. & Rem. Code §101.022). The Act also caps a city's liability at $250,000 per person for bodily injury. If a city vehicle hit you, see our guide to government vehicle accident claims in DFW.

The scooter company or manufacturer

Brake failures, throttle malfunctions, battery fires, and other defects can support a product liability or negligence claim against a manufacturer or operator. Rental apps usually require riders to accept terms of service, which may include arbitration clauses or liability waivers. Whether those terms are enforceable depends on their wording and the facts, so they should be reviewed before you assume a claim is barred.

Can You Recover if You Were Partly at Fault?

Often, yes. Texas uses proportionate responsibility. Under Civil Practice and Remedies Code §33.001, a claimant "may not recover damages if his percentage of responsibility is greater than 50 percent." If you are 50 percent or less at fault, §33.012 reduces your damages by your percentage of responsibility (Tex. Civ. Prac. & Rem. Code ch. 33).

Insurers often argue that a scooter rider was at fault for riding on a Dallas sidewalk, riding on a road posted above 35 mph, riding at night without lights, carrying a passenger, or wearing headphones. These facts can reduce a claim, but they do not automatically defeat it. A driver who runs a red light or turns into a rider's path still bears responsibility. Our guide to how fault works in Texas personal injury cases explains how juries allocate responsibility.

What Insurance Pays for a Scooter Accident?

Insurance in a scooter case can come from several sources:

1. The at-fault driver's liability coverage. Texas requires minimum limits of $30,000 per person for bodily injury (Texas Department of Insurance).
2. Your own auto policy. Personal injury protection (PIP) is defined by statute as coverage for the named insured, "members of the insured's household," and authorized operators or passengers of the insured's vehicle for medical expenses and lost income arising from an accident (Tex. Ins. Code §1952.151). Whether your policy covers a scooter crash depends on its specific language, so review it before assuming it does not apply.
3. Uninsured/underinsured motorist coverage. If the driver who hit you had no insurance or not enough, your own UM/UIM coverage may help. See our guide to UM/UIM and PIP auto insurance.
4. Health insurance. Health insurance may pay medical bills, but it may claim reimbursement from any settlement.
5. Homeowner's, renter's, or business policies, in some cases involving private property or a commercial defendant.

If the driver left the scene, our article on hit-and-run crashes in Texas explains next steps.

What Should You Do After an E-Scooter Crash in DFW?

1. Get medical care right away. CPSC reports that fractures, followed by contusions and abrasions, are the most common micromobility injuries, and that the head and neck are among the most frequently injured areas (CPSC). Some head injuries are not obvious at first.
2. Call the police if a vehicle was involved or anyone was hurt, and ask for the report number.
3. Photograph everything: the scooter, the vehicle, the road surface, the lane markings, posted speed limit signs, and your injuries.
4. Screenshot the rental app. Save the ride history, the start and end times, and the route. Rental companies may keep GPS and speed data that can show where and how fast you were riding.
5. Keep the scooter if you own it, and do not repair it. If it was a rental, report the crash to the operator in writing and ask them to preserve the device and its data.
6. Collect witness names and look for cameras. Businesses, buses, and doorbell cameras often capture crashes, but footage may be overwritten quickly.
7. Be careful with insurance adjusters. Do not give a recorded statement about fault before you understand your rights.
8. Note the deadlines. Notice to a city may be due within six months or less, and most personal injury lawsuits must be filed within two years. See our guide to the Texas statute of limitations.

What Compensation Is Available After a Scooter Injury?

Depending on the facts, a scooter rider may seek medical expenses, lost wages and loss of earning capacity, physical pain and mental anguish, physical impairment, disfigurement, and property damage. Because riders have little protection, scooter crashes can cause broken wrists and arms, facial injuries, dental injuries, and traumatic brain injuries. These injuries can require surgery and long recovery periods.

Frequently Asked Questions

Is it legal to ride an electric scooter on the sidewalk in Texas?

State law allows scooters on sidewalks and bike paths, but cities can prohibit sidewalk riding. Dallas prohibits riding scooters on sidewalks except to start or end a ride. Fort Worth police have said scooters can be ridden on sidewalks and bike paths. Check the rules for the city where you are riding.

Can I sue if a car hit me while I was riding a rental scooter?

Generally, yes. A driver who causes a crash through negligence, such as failing to yield or turning into a bike lane, can be held responsible. The claim usually goes through the driver's liability insurance. Your own fault, if any, can reduce the recovery under Texas's proportionate responsibility rules.

Does a scooter rental waiver stop me from suing?

Not necessarily. A rental company's terms may limit claims against the company, and some require arbitration. Those terms generally do not protect a negligent driver or property owner who is not a party to the agreement. Whether a waiver applies to a claim against the company depends on its language and the facts.

What if a pothole caused my scooter crash?

You may have a claim against the city or other government entity responsible for the road, but the Texas Tort Claims Act limits these claims. You must give notice within six months, or less under some city charters, and there are damage caps and special rules for road defects.

Do I need to wear a helmet on an e-scooter in Texas?

The state scooter statute, §551.352, does not include a helmet requirement. Some cities set their own rules for children; for example, a Dallas ordinance makes it an offense for a parent to allow a child to ride a scooter without a helmet (Dallas Ordinance 20-0468). Not wearing a helmet may be raised by an insurer, but it does not by itself bar a claim against a negligent driver.

How long do I have to file a scooter accident claim in Texas?

Most personal injury lawsuits must be filed within two years. Claims against a government entity require much earlier notice, often within six months. It is best to talk to a lawyer as soon as possible.

Talk to a Fort Worth Scooter Accident Lawyer

If you or a family member was hurt in an electric scooter crash in Dallas-Fort Worth, HLAW can help you identify who was responsible, which insurance applies, and which deadlines matter.

Call HLAW at (817) 993-9249 or contact us online for a free consultation.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its specific facts.

Short answer: In Texas, if another driver caused your wreck, you can generally seek diminished value from that driver's liability insurance. Diminished value is the loss in your car's market value even after it is fully repaired. Your own insurance policy is different. The Texas Supreme Court held in 2003 that the standard Texas personal auto policy does not require your insurer to pay diminished value when the car is fully and adequately repaired. Texas law also allows loss-of-use damages, such as a rental car, even when a vehicle is totaled. A property damage lawsuit generally must be filed within two years.

After a wreck on I-30, I-35W, or Highway 121, most people in Dallas-Fort Worth focus on getting the car repaired and back on the road. But a vehicle with an accident history often sells or trades in for less than an identical car that was never damaged, even when the repair is excellent. That gap is real money, and many people never ask for it.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth trial lawyers handle car wreck and personal injury claims throughout Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains what Texas law allows you to recover for damage to your vehicle, and how to document a diminished value and loss-of-use claim.

Key Takeaways

• Third-party diminished value claims are allowed in Texas. The Texas Department of Insurance has stated that an insurer "may be obligated to pay a third party claimant for any loss of market value of the claimant's automobile, regardless of the completeness of the repair" (TDI Bulletin B-0027-00).
• Your own collision coverage generally does not pay diminished value. In American Manufacturers Mutual Insurance Co. v. Schaefer, 124 S.W.3d 154 (Tex. 2003), the Texas Supreme Court held the standard policy "does not require payment for diminished value when a vehicle has been fully and adequately repaired" (Schaefer opinion).
• UM/UIM coverage may be different. TDI's bulletin says an insurer may be obligated to pay its own policyholder for loss of market value under uninsured/underinsured motorist coverage, "regardless of the completeness of the repair."
• Loss-of-use damages are recoverable even for a totaled car. The Texas Supreme Court held in 2016 that an owner of totally destroyed property "may recover loss-of-use damages in addition to the fair market value of the property immediately before the injury" (J&D Towing v. American Alternative Insurance Corp.).
• You choose the body shop. An insurer settling a third-party property damage claim "may not require the third-party claimant to have repairs made by a particular repair person or facility" (Texas Insurance Code §1952.301).
• The deadline is two years. Suits for injury to property generally must be filed within two years (Tex. Civ. Prac. & Rem. Code §16.003).

What Is Diminished Value?

Diminished value is the difference between what your vehicle was worth immediately before the wreck and what it is worth after repairs. Buyers and dealers often pay less for a vehicle with a reported accident, especially one with structural or frame damage, airbag deployment, or major body work.

There are generally three ways people describe it:

• Inherent diminished value: the loss in market value caused by the accident history itself, even after a complete and proper repair. This is the most common type of claim.
• Repair-related diminished value: additional lost value caused by poor or incomplete repairs, such as mismatched paint or parts that do not fit correctly.
• Immediate diminished value: the drop in value right after the crash, before repairs. This mostly matters in calculating a total loss or a settlement before repair.

Texas courts have long measured damage to personal property using market value. When property is partially damaged, the general rule is "the difference in the market value immediately before and immediately after the injury to such property at the place where the damage was occasioned," as the Texas Supreme Court summarized in J&D Towing (opinion).

Who Pays Diminished Value in Texas?

Who pays depends on whose insurance you are claiming against.

Type of claim	Is diminished value available?	Source
Claim against the at-fault driver's liability insurance (third-party claim)	Generally yes, regardless of the completeness of the repair	TDI Bulletin B-0027-00
Claim under your own collision or comprehensive coverage (first-party claim)	Generally no, when the car is fully and adequately repaired	Schaefer (Tex. 2003)
Claim under your own UM/UIM coverage when the at-fault driver is uninsured or underinsured	May be available, regardless of the completeness of the repair	TDI Bulletin B-0027-00

Why your own collision coverage usually will not pay

In Schaefer, the policyholder's car was repaired and he did not dispute the quality of the repairs, but he claimed it was still worth $2,600 less. The Texas Supreme Court looked at the policy's "Limit of Liability" language, which caps the insurer's obligation at the lesser of the vehicle's actual cash value or the amount needed "to repair or replace" it. The court held that "repair" connotes "something tangible, like removing dents or fixing parts," and does not include compensation for "the market's perception that a damaged but fully and adequately repaired vehicle has an intrinsic value less than that of a never-damaged car" (Schaefer opinion).

The court left open other situations. It noted that if repairs were faulty, incomplete, or inadequate, the insurer might be liable for breaching its obligations under the policy. TDI's bulletin similarly says loss of market value can still be used to settle a dispute where a vehicle "was repaired properly but the vehicle still does not function as it did before the accident."

Why the at-fault driver's insurer is different

A claim against the at-fault driver is not a contract claim under your policy. It is a negligence claim, and the at-fault driver is responsible for the full harm caused to your property. That is why TDI's position is that a liability insurer may owe a third-party claimant for loss of market value "regardless of the completeness of the repair." In practice, many adjusters will not offer diminished value unless you ask for it and support it with evidence.

If you are still sorting out who caused the crash, our guide to how fault works in Texas personal injury cases explains the comparative fault rules that also apply to property damage.

Can You Get Paid for a Rental Car or Loss of Use?

Yes. Loss-of-use damages compensate you for the time you cannot use your vehicle. They are often measured by the reasonable cost of a comparable rental, or by lost income for a work vehicle.

For years, many Texas courts said loss-of-use damages were available only when a vehicle could be repaired, not when it was totaled. The Texas Supreme Court rejected that rule in J&D Towing, LLC v. American Alternative Insurance Corp., 478 S.W.3d 649 (Tex. 2016). The court held that "the owner of personal property that has been totally destroyed may recover loss-of-use damages in addition to the fair market value of the property immediately before the injury" (J&D Towing opinion).

The court also set limits. Loss-of-use damages must be foreseeable and directly traceable to the wreck, they cannot be speculative, and a plaintiff may not recover them for a period longer than reasonably needed to repair or replace the vehicle. As the court put it, permitting these damages "is not a license for unrestrained raids on defendants' coffers."

TDI's auto insurance guide explains how this usually works in practice: if another driver caused the accident, that driver's insurance company will pay for you to rent a car for the time it believes is reasonable for repairs, and "if the company totals your car, it might stop paying for the rental a few days after telling you." Tell the adjuster about parts delays or newly discovered damage, because the company may extend the rental.

What If Your Car Is Totaled?

If the cost to repair is close to or more than the car's value, the insurer will usually declare it a total loss. In a total loss, the measure is generally the fair market value immediately before the wreck, plus reasonable loss-of-use damages under J&D Towing. TDI explains that insurers pay actual cash value, which reflects depreciation, so a 10-year-old car is valued as a 10-year-old used car (TDI auto insurance guide).

To push back on a low total-loss valuation, gather listings for comparable vehicles in the DFW market with similar year, mileage, trim, and options. Also gather records of recent upgrades, new tires, or major maintenance. If you want to keep the car, TDI notes that the insurer will subtract its salvage value from the settlement.

How Do You Prove a Diminished Value Claim?

Insurers rarely pay diminished value without documentation. The strongest claims usually include:

1. The final repair invoice, showing the extent of the damage and the parts replaced. Structural, frame, or airbag repairs tend to support larger claims.
2. Photos of the damage before repair, from multiple angles.
3. A written appraisal from an independent vehicle appraiser who explains the pre-accident value, the post-repair value, and how the difference was calculated.
4. Dealer statements or trade-in offers showing what dealers will pay for the vehicle now compared with a similar vehicle without accident history.
5. The vehicle's history report, if it shows the accident.
6. The police crash report, to establish fault. Our article on how to get and use a Texas car wreck police report explains the process.

Send a written demand to the at-fault driver's insurer with these documents, and keep copies of every communication. If the adjuster uses a formula that produces a very low number, ask how it was calculated and respond with your own evidence. Our guide to insurance adjuster tactics in Fort Worth covers common approaches insurers use.

Do You Have to Use the Insurance Company's Body Shop?

No. Texas law protects your choice. In settling a third-party property damage claim, an insurer "may not require the third-party claimant to have repairs made by a particular repair person or facility" or require particular parts (Texas Insurance Code §1952.301(b)). For your own policy, §1952.302 prohibits an insurer or adjuster from stating or suggesting that you "must use a specific repair person or facility" or one on a preferred list for the repair to be covered.

Choosing a shop that documents its work thoroughly can also help a later diminished value claim, because detailed repair records show exactly what was damaged and replaced.

What Are the Deadlines for a Property Damage Claim in Texas?

A lawsuit for injury to property generally must be filed within two years after the claim accrues (Tex. Civ. Prac. & Rem. Code §16.003). The same two-year period applies to personal injury claims from the same wreck. Claims against government entities can involve much shorter notice deadlines. Our guide to the Texas statute of limitations explains the exceptions.

Insurers also have deadlines. TDI explains that a company must acknowledge your claim within 15 days, accept or reject it within 15 business days after receiving everything it needs (with up to 45 more days if it explains why), and pay within five business days after agreeing to pay (TDI auto insurance guide).

Should You Settle Your Property Damage Claim Separately From Your Injury Claim?

Often, yes. Many people resolve the vehicle claim first so they can get back on the road, while their injury claim continues as medical treatment progresses. Before signing anything, read the release carefully. A property damage release should be limited to property damage and should not release bodily injury claims. If the at-fault driver has only minimum coverage, the property damage limit is $25,000 under Texas's 30/60/25 requirement (TDI), and your own UM/UIM coverage may need to fill the gap.

Frequently Asked Questions

Can I claim diminished value from my own insurance company in Texas?

Generally not under collision or comprehensive coverage when the car is fully and adequately repaired. The Texas Supreme Court held in Schaefer (2003) that the standard Texas personal auto policy does not require it. A claim under your UM/UIM coverage may be different, and disputes over faulty or incomplete repairs are treated differently.

How much is a diminished value claim worth?

It depends on the vehicle's age, mileage, pre-accident value, and the severity of the damage. Newer, higher-value vehicles with structural damage tend to lose the most value. An independent appraisal and dealer trade-in comparisons are the best evidence of the actual loss.

Does the at-fault driver's insurance have to pay for my rental car?

If the other driver caused the wreck, that driver's insurer typically pays for a rental for the time reasonably needed to repair the car. Under J&D Towing, loss-of-use damages are also available when a vehicle is totaled, but only for a reasonable period to replace it.

What if the repair shop did a bad job?

Poor or incomplete repairs can increase your loss. In a first-party claim, Schaefer noted that an insurer might be liable for breaching its policy obligations if repairs are faulty, incomplete, or inadequate. Document the problems with photos and a second shop's written evaluation.

Do I need a lawyer for a property damage claim?

Many vehicle-only claims are resolved without a lawyer. If you were also injured, if the insurer denies fault, or if the vehicle had high value or serious damage, a lawyer can help coordinate the property and injury claims and make sure a release does not give up more than it should.

How long do I have to file a diminished value claim in Texas?

A lawsuit generally must be filed within two years of the wreck under Civil Practice and Remedies Code §16.003. It is best to start the claim right away, while repair records and appraisals are fresh.

Talk to a Fort Worth Car Wreck Lawyer

If another driver damaged your vehicle and hurt you or your family, you may be entitled to more than the repair bill. That can include lost market value, loss of use, and compensation for your injuries.

Call HLAW at (817) 993-9249 or contact us online for a free consultation about your Dallas-Fort Worth car wreck claim.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its specific facts.

Short answer: In Texas, evading arrest or detention means intentionally fleeing from someone you know is a peace officer who is lawfully trying to arrest or detain you. Running on foot is usually a Class A misdemeanor, punishable by up to one year in jail. Fleeing in a vehicle is generally a third-degree felony, punishable by 2 to 10 years in prison, even on a first offense. The State must prove you knew an officer was trying to stop you, and that the stop itself was lawful. Those two elements are often where the defense begins.

Evading arrest charges are common in Dallas-Fort Worth. A traffic stop on I-35W or Loop 820 turns into a short chase, a passenger runs from a car in an apartment parking lot, or someone panics and drives a few blocks before pulling over. What may feel like a split-second decision can bring a felony charge, a possible deadly weapon finding, and consequences that last far longer than the original stop.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth defense lawyers handle criminal defense cases in Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains how Texas defines evading arrest, how the penalties escalate, and what defenses may apply.

Key Takeaways

• The offense has specific elements. Under Texas Penal Code §38.04(a), a person commits an offense "if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him."
• Fleeing on foot is generally a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000 (Penal Code §12.21).
• Fleeing in a vehicle is generally a third-degree felony, even without a prior conviction. Texas courts, beginning with the Fort Worth Court of Appeals in Adetomiwa v. State, have resolved conflicting 2011 amendments that way.
• Knowledge is an essential element. The accused "must know that the person from whom he flees is a peace officer attempting to arrest or detain him" (Hobyl v. State).
• A car can be found to be a deadly weapon. A deadly weapon finding can limit probation options and delay parole eligibility (Code of Criminal Procedure art. 42A.054; Government Code §508.145).

What Counts as Evading Arrest in Texas?

The State must prove each part of §38.04(a) beyond a reasonable doubt:

1. The person intentionally fled. Fleeing can mean running, driving away, or refusing to stop. Texas courts have described the offense as refusing "to yield to a police show of authority" (Redwine v. State).
2. From a peace officer or federal special investigator. The person must know the pursuer is law enforcement.
3. Who was attempting to arrest or detain the person. The person must know the officer was trying to stop or arrest him, not just that police were nearby.
4. Lawfully. The statute requires that the officer was "attempting lawfully" to arrest or detain. If the officer had no legal basis for the stop, that element may fail.

Evading arrest is different from resisting arrest. Resisting arrest under §38.03 involves using force against an officer, and Texas law says it is "no defense" that the arrest was unlawful. Evading arrest is about flight, and the lawfulness of the stop is part of the offense itself. Our article on resisting an unlawful arrest in Texas explains that distinction further.

How Serious Is an Evading Arrest Charge?

The offense level depends on how the person fled, whether anyone was hurt, and the person's history.

Situation	Offense level	Punishment range
Fleeing on foot, no prior evading conviction	Class A misdemeanor	Up to 1 year in jail and up to $4,000 fine
Fleeing on foot with a prior evading conviction	State jail felony	180 days to 2 years in state jail and up to $10,000 fine
Using a vehicle while in flight	Third-degree felony	2 to 10 years in prison and up to $10,000 fine
Another person suffers serious bodily injury as a direct result of the officer's attempt to apprehend	Third-degree felony	2 to 10 years in prison and up to $10,000 fine
Another person dies as a direct result of the officer's attempt to apprehend	Second-degree felony	2 to 20 years in prison and up to $10,000 fine

Sources: Penal Code §38.04(b) and the punishment ranges in Penal Code §§12.21, 12.33, 12.34, and 12.35.

The statute also makes the offense more serious if the person uses a tire deflation device against the officer, and a 2023 amendment added a third-degree felony provision when the evading occurs during certain smuggling offenses. Section 38.04(d) adds that a person "may be prosecuted under either or both this section and the other law," so evading is often charged alongside DWI, drug possession, or other offenses arising from the same stop.

Is Evading Arrest in a Car Always a Felony?

In practice, yes. In 2011, the Texas Legislature passed three bills amending §38.04. Two of them made vehicle evading a state jail felony for a first offense, and the third made it a third-degree felony. The statute still prints both versions.

The Fort Worth Court of Appeals addressed the conflict in Adetomiwa v. State, 421 S.W.3d 922 (Tex. App.—Fort Worth 2014, no pet.). The court concluded that "Senate Bill 1416 amended the punishment scheme of section 38.04 to provide that evading arrest is a third degree felony if the actor uses a vehicle in flight," and that even if the bills were irreconcilable, the later vote on Senate Bill 1416 would prevail (Adetomiwa opinion). Other Texas appellate courts have agreed, so a first-time vehicle evading case in DFW is typically charged and prosecuted as a third-degree felony.

That matters because a third-degree felony can be enhanced by prior felony convictions, and it carries the full weight of a felony record. Our post on pleading "true" to a felony enhancement discusses how enhancements work in practice.

Can a Car Be a Deadly Weapon in an Evading Case?

Yes. A motor vehicle is not a deadly weapon by itself, but it can be one if "in the manner of its use or intended use" it is "capable of causing death or serious bodily injury" (Penal Code §1.07(a)(17)(B)). The Texas Court of Criminal Appeals uses a two-part test from Sierra v. State, 280 S.W.3d 250 (Tex. Crim. App. 2009). Courts first evaluate the manner in which the defendant used the vehicle, then consider whether, during the felony, it was capable of causing death or serious bodily injury (Sierra v. State).

Factors courts look at include intoxication, speeding, disregarding traffic signs and signals, erratic driving, and failure to control the vehicle. There must also be evidence that others were actually endangered. As the Fort Worth Court of Appeals has noted applying these cases, "a hypothetical potential for danger" is not enough (Wesson v. State).

A deadly weapon finding has major consequences:

• No judge-ordered probation. Under art. 42A.054(b), judge-ordered community supervision is not available when a deadly weapon was used or exhibited during a felony. A jury may still recommend community supervision in some cases.
• Delayed parole eligibility. Under Government Code §508.145(d), an inmate with a deadly weapon finding is not eligible for parole until actual time served equals one-half of the sentence or 30 years, whichever is less, and never in less than two years.
• Future enhancement. Under Penal Code §12.35(c), a prior felony with a deadly weapon finding can cause a future state jail felony to be punished as a third-degree felony.

Because of these effects, whether the State pursues a deadly weapon finding is often one of the most important issues in a vehicle evading case.

What Are Common Defenses to Evading Arrest?

Every case turns on its facts, but these issues come up often.

The person did not know an officer was trying to stop him

Knowledge is "an essential element" of the offense (Hobyl v. State). Evidence that an officer was trying to stop a vehicle generally consists of emergency lights and a siren. In Redwine, the Houston Fourteenth Court of Appeals found the evidence legally insufficient where officer testimony about whether the patrol car's lights were on was uncertain, holding that "the gravamen of the offense is the evasion of an arrest, not the evasion of a police officer" (Redwine v. State). Dash camera and body camera video, the route driven, and the time elapsed before stopping can all matter.

The stop or arrest was not lawful

Because the statute requires that the officer was "attempting lawfully" to arrest or detain, the legal basis for the stop is part of the State's case. If the officer lacked reasonable suspicion for a detention or probable cause for an arrest, the defense can challenge that element.

The person was not "fleeing"

Slowing down, looking for a safe place to pull over, or continuing briefly to a well-lit area is not necessarily intentional flight. The facts of how and when the person stopped are important.

Challenging the enhancement or the deadly weapon allegation

Even when the evading itself is hard to contest, the defense may challenge whether a vehicle was actually used as a deadly weapon under the Sierra test, whether anyone was actually endangered, or whether a prior conviction qualifies for enhancement.

What Should You Do After an Evading Arrest Charge in DFW?

1. Do not discuss the incident with officers, jail staff, or on recorded jail calls. Statements about why you drove or ran can be used to prove knowledge.
2. Write down what you remember for your lawyer only: where you were, what you saw in the mirror, when lights or sirens started, and where you stopped.
3. Ask a lawyer to preserve video quickly. Dash camera, body camera, and nearby business or doorbell footage may be lost if no one requests it.
4. Understand your bond conditions. If you are released on bond, follow every condition. Our Fort Worth bail bonds guide explains how release works.
5. Ask about probation and diversion options. Depending on the charge and your history, alternatives may exist. See our overview of probation and diversion options in Tarrant County.

Frequently Asked Questions

Is running from the police on foot a felony in Texas?

Usually not on a first offense. Evading on foot is generally a Class A misdemeanor under Penal Code §38.04(b). It becomes a state jail felony if the person has a prior evading conviction, and it can be a higher felony if someone suffers serious bodily injury or death as a direct result of the officer's attempt to apprehend.

Is evading arrest in a vehicle a third-degree felony even for a first offense?

Generally, yes. Texas appellate courts, including the Fort Worth Court of Appeals in Adetomiwa v. State, have held that evading arrest is a third-degree felony when the person uses a vehicle in flight, regardless of prior convictions. The range is 2 to 10 years in prison and up to a $10,000 fine.

What if I did not see the police lights?

The State must prove you knew a peace officer was trying to arrest or detain you. If the evidence of that knowledge is weak, for example because the lights or siren were not activated or the pursuit was very brief, that may be a defense. The video and the officer's testimony will be important.

Can I be charged with evading arrest if the stop was illegal?

The statute requires that the officer was "attempting lawfully" to arrest or detain you. If the stop or arrest was not lawful, that element may not be met. This is different from resisting arrest, where Texas law says an unlawful arrest is no defense.

Can I get probation for evading arrest?

Often, yes. Probation and deferred adjudication may be available for many evading charges. However, if a deadly weapon finding is made in a felony case, judge-ordered community supervision is not available under art. 42A.054(b), and parole eligibility is delayed if the person is sentenced to prison.

Can evading arrest be expunged or sealed?

It depends on how the case ends. A dismissal or acquittal may qualify for expunction, and some deferred adjudication outcomes may qualify for an order of nondisclosure. Our expunction and nondisclosure guide explains the options.

Talk to a Fort Worth Criminal Defense Lawyer

An evading arrest charge often depends on details: what the officer did, what you could see and hear, and whether the stop was lawful in the first place. Those details are captured on video and in reports that should be reviewed early.

If you have been charged with evading arrest or detention anywhere in Dallas-Fort Worth, call HLAW at (817) 993-9249 or contact us online for a free consultation.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its specific facts.

Short answer: In Texas, a third DWI is usually a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. The State must allege and prove two prior intoxication-related driving convictions, and Texas has no "look-back" limit, so a DWI from decades ago can still count. A felony DWI does not automatically mean prison. A judge can grant community supervision (probation) when the sentence is 10 years or less, but it comes with mandatory jail time, an ignition interlock, and a longer license suspension.

A first or second DWI in Dallas-Fort Worth is a misdemeanor handled in a county criminal court. A third DWI changes everything. The case moves to a felony district court, the potential sentence jumps from months in county jail to years in prison, and a conviction leaves you with a permanent felony record that can follow you into employment, housing, professional licensing, and firearm rights.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth defense lawyers represent people charged with DWI and felony DWI in Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains how Texas turns a DWI into a felony, what penalties apply, and where the defense opportunities usually are.

Key Takeaways

• Two prior DWI convictions make a new DWI a third-degree felony. Under Texas Penal Code §49.09(b), a DWI is a felony of the third degree if the person has previously been convicted "two times of any other offense relating to the operating of a motor vehicle while intoxicated." One prior intoxication manslaughter conviction is enough on its own.
• The punishment range is 2 to 10 years in prison plus up to a $10,000 fine (Penal Code §12.34).
• Old convictions still count. The subsections that once limited which prior DWIs could be used were repealed in 2005 (§49.09(e) and (f)), so Texas has no 10-year look-back period for felony DWI.
• Deferred adjudication for a DWI now counts as a conviction for enhancement purposes under §49.09(g).
• Probation is possible but strict. A judge granting community supervision for a felony DWI must order at least 10 days in county jail (Code of Criminal Procedure art. 42A.401) and must require an ignition interlock device (art. 42A.408).
• The prior convictions are a key battleground. Texas courts treat the two priors as jurisdictional elements the State must prove, and a defendant may stipulate to them to keep extra prior convictions away from the jury (Tamez v. State).

When Does a DWI Become a Felony in Texas?

A standard first DWI under Penal Code §49.04 is a Class B misdemeanor with a minimum of 72 hours in jail. It becomes a Class A misdemeanor if a breath or blood test shows an alcohol concentration of 0.15 or more. A second DWI is a Class A misdemeanor with a minimum of 30 days in jail (§49.09(a)).

Several paths lead to a felony DWI charge in Texas:

Situation	Offense level	Statute
DWI with two prior intoxication-related driving convictions	Third-degree felony (2 to 10 years)	Penal Code §49.09(b)(2)
DWI with one prior intoxication manslaughter conviction	Third-degree felony (2 to 10 years)	Penal Code §49.09(b)(1)
DWI with a passenger younger than 15	State jail felony	Penal Code §49.045
DWI in an active school crossing zone (effective September 1, 2025)	State jail felony	Penal Code §49.04(e)
DWI causing serious bodily injury (intoxication assault)	Third-degree felony	Penal Code §49.07
DWI causing death (intoxication manslaughter)	Second-degree felony	Penal Code §49.08

This guide focuses on the most common felony DWI charge in DFW courts: the "third DWI" under §49.09(b)(2). If a child was in the car, see our guide on DWI with a child passenger in Texas.

What Counts as a "Prior" DWI Conviction?

The statute casts a wide net. Under §49.09(c), an "offense relating to the operating of a motor vehicle while intoxicated" includes:

• A Texas DWI under §49.04 or DWI with a child passenger under §49.045
• Intoxication assault or intoxication manslaughter involving a motor vehicle
• Older Texas DWI offenses under statutes that existed before 1994
• A DWI conviction from another state, if that state's law prohibits operating a motor vehicle while intoxicated

Three rules make prior convictions easier for the State to use than many people expect.

No look-back limit. Before 2005, Texas law restricted the use of some older priors. Those subsections, §49.09(e) and (f), were repealed effective September 1, 2005. Today a conviction from 20 or 30 years ago can be one of the two priors.

Probated sentences count. Under §49.09(d), a DWI conviction on or after September 1, 1994 "is a final conviction, whether the sentence for the conviction is imposed or probated."

Deferred adjudication counts. Section 49.09(g) states that a person "is considered to have been convicted" of DWI if the person was placed on deferred adjudication for it. Texas began allowing deferred adjudication for many first-time DWI cases in 2019, and the tradeoff is that it can still be used later to raise a future charge. Our article on DWI deferred adjudication in Texas covers how that option works.

There is one limit that helps defendants. Section 49.09(g) says a conviction can be used to enhance under §49.09 "or enhancement under Subchapter D, Chapter 12, but not under both." In other words, the same prior DWI generally cannot be used both to make the case a felony and to push the punishment range even higher.

What Is the Punishment for a Third DWI in Texas?

A third-degree felony carries "any term of not more than 10 years or less than 2 years" in prison, plus a possible fine up to $10,000 (Penal Code §12.34).

The range can climb further if the State also proves unrelated prior felony convictions. Under Penal Code §12.42(a), a third-degree felony is punished as a second-degree felony if the defendant has a prior felony conviction (other than certain state jail felonies). Under §12.42(d), two properly sequenced prior felony convictions can raise the range to 25 to 99 years or life. These "habitual" enhancements are technical, and the sequence and finality of each prior conviction matter. We discuss one aspect in our post on pleading "true" to a felony enhancement.

Other consequences that commonly follow a felony DWI conviction include:

• Driver's license suspension of 180 days to 2 years for a person punished under §49.09(a) or (b), or 1 to 2 years if the new offense came within five years of the last one (Transp. Code §521.344)
• A state traffic fine under Transp. Code §709.001 of $3,000 for a first conviction within 36 months, $4,500 for a second or subsequent conviction within 36 months, or $6,000 if the test showed 0.15 or more, which the court must waive on a finding of indigency
• Ignition interlock requirements at bond, during probation, and potentially as a condition of an occupational license
• A permanent felony record, which carries collateral consequences such as restrictions on firearm possession

For a broader view of the financial impact, see our breakdown of what a DWI really costs in Texas.

Can You Get Probation for a Felony DWI?

Yes, in many cases. Under Code of Criminal Procedure art. 42A.053, a judge may place a defendant on community supervision after conviction, but a defendant is not eligible for judge-ordered supervision if sentenced to a term of imprisonment that exceeds 10 years. For a felony, the minimum period of supervision equals the minimum prison term for the offense, which is two years for a third-degree felony, and the maximum is generally 10 years.

Felony DWI probation carries mandatory conditions:

1. Jail time as a condition of probation. A judge granting community supervision to a defendant punished under §49.09(b) must require "not less than 10 days of confinement in county jail" (art. 42A.401(a)(3)).
2. Ignition interlock. The court "shall require" an interlock on the vehicle the defendant owns or drives most when the defendant is punished under §49.09(a) or (b) (art. 42A.408(c)).
3. Standard supervision conditions, which often include alcohol evaluation and treatment, community service, reporting, and fees.

Deferred adjudication is not available for a DWI charge "for which punishment may be increased under Section 49.09" (art. 42A.102(b)(1)(C)). That means a felony DWI resolved by probation is usually a conviction, not a deferral.

Tarrant County's Felony Alcohol Intervention Program

Tarrant County has a specialty court for repeat DWI offenders. The Felony Alcohol Intervention Program (FAIP) is a post-adjudication program for eligible high-risk repeat offenders charged with felony DWI, with screening by the program team and the District Attorney's office. It is intensive and is not available in every case, but for the right client it can be an alternative to a prison sentence.

What Happens After a Felony DWI Arrest in DFW?

The early stages of a felony DWI move on two separate tracks: the criminal case and the driver's license case.

Bond and ignition interlock. For a defendant charged with a subsequent DWI, a magistrate "shall require" as a bond condition that an ignition interlock be installed on the defendant's vehicle within 30 days of release, unless the magistrate finds that it "would not be in the best interest of justice" (Code of Criminal Procedure art. 17.441). Violating bond conditions can result in arrest and a higher bond.

The ALR license suspension. Separately from the criminal case, DPS can seek an administrative license suspension after a breath or blood test failure or a refusal. You generally have only 15 days from the notice to request a hearing. Our guide on the 15-day ALR hearing deadline explains the process, and our article on Texas DWI license suspensions and occupational licenses covers how to keep driving legally.

Indictment and district court. A felony DWI must be presented to a grand jury. In Tarrant County, felony cases are heard in the Criminal District Courts. Once an indictment alleging the two prior convictions is presented, the district court has jurisdiction over the case.

How Do Lawyers Defend a Third DWI Charge?

A third DWI is two cases in one. The State must prove the new DWI happened, and it must prove the two prior convictions. Both parts deserve close attention.

Challenging the new arrest

Every defense available in a first DWI is still available in a third. That includes whether the officer had reasonable suspicion for the stop, whether there was probable cause to arrest, how field sobriety tests were administered, and whether a breath or blood test was properly obtained, handled, and analyzed. A prior record does not lower the State's burden to prove intoxication beyond a reasonable doubt.

Scrutinizing the prior convictions

Because the priors are elements of the offense, they must be proven. The Texas Court of Criminal Appeals has held that "the prior convictions are elements of felony DWI" and that the two priors are jurisdictional (Tamez v. State; Robles v. State). Issues worth investigating include:

• Whether each prior was actually a final conviction and properly documented
• Whether the State can link the defendant to each prior judgment through fingerprints, photographs, or other identifying evidence
• Whether an out-of-state conviction was under a law that truly prohibits operating a motor vehicle while intoxicated
• Whether a prior is really a different offense, such as obstruction or reckless driving, that does not qualify

Using a stipulation strategically

A defendant may offer to stipulate to the two jurisdictional prior convictions. In Tamez, the Court of Criminal Appeals held that when a defendant stipulates, the State may read the indictment mentioning only the two jurisdictional priors, but "prior convictions beyond the two jurisdictional elements should not be read or proven" in the State's case-in-chief. As a later opinion summarized, this is "an offer the State cannot refuse" (Martin v. State). A stipulation can keep a jury from hearing about a long record, but it also concedes an element, so it is a decision to make carefully with counsel.

Negotiating the outcome

Depending on the evidence and the client's history, possible outcomes may include a reduction to a misdemeanor, a probated sentence, placement in a specialty program, or a trial. There is no single formula, and results depend on the facts of each case.

Frequently Asked Questions

Is a third DWI always a felony in Texas?

Generally, yes, if the State can prove two prior intoxication-related driving convictions. A new DWI is a third-degree felony under Penal Code §49.09(b) when the person has two qualifying priors, or one prior intoxication manslaughter conviction. If the State cannot prove both priors, the case may proceed as a misdemeanor instead.

Does Texas have a 10-year look-back for DWI priors?

Not for the felony enhancement. The look-back provisions in §49.09(e) and (f) were repealed in 2005. A 10-year window does still appear in some other parts of the law, such as one exception to the ignition interlock rules in art. 42A.408, but it does not keep an old DWI from being used to make a new one a felony.

Will I go to prison for a third DWI?

Not necessarily. The punishment range is 2 to 10 years, and a judge may grant community supervision when the sentence is 10 years or less. Probation for felony DWI requires at least 10 days in county jail and an ignition interlock. Specialty programs like Tarrant County's FAIP may also be an option for eligible defendants.

Does a DWI from another state count toward a Texas felony DWI?

It can. Section 49.09(c)(1)(F) includes "an offense under the laws of another state that prohibit the operation of a motor vehicle while intoxicated." The details of the out-of-state statute and the conviction records matter, so they should be reviewed closely.

If I got deferred adjudication on an earlier DWI, does it count?

Under §49.09(g), a person placed on deferred adjudication for DWI under art. 42A.102 "is considered to have been convicted" for enhancement purposes. The date and terms of the earlier case should be reviewed with a lawyer.

Can I drive while my felony DWI case is pending?

Often, but with conditions. Bond conditions usually require an ignition interlock for a subsequent DWI charge, and an ALR suspension may also apply. An occupational license may be available in some situations, typically with an interlock requirement.

How long does a felony DWI stay on my record?

Texas's DWI-specific nondisclosure law, Government Code §411.0736, is limited to people convicted under §49.04 who have never previously been convicted of or placed on deferred adjudication for another offense other than a fine-only traffic offense. A person with two prior DWIs does not meet that test, so a felony DWI conviction generally stays on the record. Our article on DWI record sealing in Texas explains who does qualify.

Talk to a Fort Worth Felony DWI Lawyer

A third DWI charge is serious, but it is not a conviction. The State still has to prove the new offense and both prior convictions, and the decisions made in the first weeks, including the ALR hearing request and bond conditions, can shape the rest of the case.

If you or a family member has been charged with felony DWI anywhere in Dallas-Fort Worth, call HLAW at (817) 993-9249 or contact us online for a free consultation. We will review the arrest, the prior convictions, and your options.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its specific facts.

Short answer: If a driver in a rental car hits you in Texas, the claim usually runs against the driver and the insurance that covers the driver, not the rental company. A federal law known as the Graves Amendment bars holding a rental company liable just because it owns the car. Rental companies can still be liable for their own negligence, such as renting a car with known defects. Texas law also gives you a way to sue an out-of-state renter who has already flown home.

With two major airports, DFW International and Dallas Love Field, Dallas-Fort Worth sees a steady stream of out-of-town drivers on unfamiliar roads like the airport's spur highways, Highway 114, Highway 183, and I-635, often tired and relying on GPS. When one of them causes a crash, injured people usually face the same questions: Who pays? Does the rental company's insurance apply? What if the driver lives in another state?

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth trial lawyers handle personal injury claims throughout Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains how rental car crash claims work in Texas, whether you were hit by a renter or were driving a rental yourself.

Key Takeaways

• The Graves Amendment generally shields rental companies from owner-based liability. A company in the rental business "shall not be liable... by reason of being the owner of the vehicle" for harm arising from the renter's use, if there is "no negligence or criminal wrongdoing" by the company (49 U.S.C. §30106).
• Direct negligence is a different story. Federal courts in Texas have held that the Graves Amendment bars vicarious liability but "does not preempt theories of direct liability" (N.D. Tex. 2025 opinion).
• Texas minimum liability coverage is 30/60/25: $30,000 per person, $60,000 per crash for bodily injury, and $25,000 for property damage (Tex. Transp. Code §601.072).
• Out-of-state drivers can still be sued here. The chair of the Texas Transportation Commission is the agent for service of process on a nonresident in a suit arising from a Texas collision (Tex. Civ. Prac. & Rem. Code §17.062).
• Your own coverage may matter most. UM/UIM and PIP can fill gaps when the renter's coverage is low or missing.

Who Is Liable When a Rental Car Driver Hits You in Texas?

The starting point is the same as any Texas car wreck: the driver who caused the crash is responsible for the harm caused by their negligence. Texas assigns fault by percentage, and you can recover as long as you're not more than 50% responsible. Our guide to how fault works in Texas personal injury cases explains those rules.

What's different in a rental car case is the question of who else might be responsible, and whose insurance pays.

What the Graves Amendment says

Before 2005, some states made rental companies liable for their customers' crashes simply because the companies owned the cars. Congress ended that with the Graves Amendment. It provides that an owner that rents or leases a vehicle "shall not be liable under the law of any State... by reason of being the owner of the vehicle... for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease," as long as the owner is "engaged in the trade or business of renting or leasing motor vehicles" and "there is no negligence or criminal wrongdoing on the part of the owner" (49 U.S.C. §30106(a)).

Courts in Texas apply this rule regularly. In a 2025 Dallas federal case involving a leased trailer, the court held that the Graves Amendment barred the plaintiff's vicarious liability and respondeat superior claim against the leasing company, while noting that the statute "does not preempt theories of direct liability, like negligent hiring and training" (N.D. Tex. 2025).

The law also has a carve-out for financial responsibility. It doesn't override state laws "imposing financial responsibility or insurance standards on the owner of a motor vehicle," or liability on rental businesses "for failure to meet the financial responsibility or liability insurance requirements under State law" (§30106(b)).

When Can a Rental Car Company Be Held Responsible?

Because the Graves Amendment protects only against liability based on ownership, a rental company can still be responsible for its own negligence. Potential claims include:

• Negligent maintenance. Renting out a car with bad brakes, bald tires, or a known defect, including an unrepaired safety recall.
• Negligent entrustment. Renting to someone the company knew, or should have known, was unlicensed, incompetent, or reckless.
• Criminal wrongdoing by the company or its employees.

These claims are hard to win. Under Texas law, negligent entrustment requires proof of "(1) entrustment of a vehicle by the owner; (2) to an unlicensed, incompetent, or reckless driver; (3) that the owner knew or should have known to be unlicensed, incompetent, or reckless; (4) that the driver was negligent on the occasion in question; and (5) that the driver's negligence proximately caused the accident" (O'Donnell v. Diaz, N.D. Tex.). Federal courts applying Texas law have also said a company that entrusts a vehicle "has no duty to investigate a driver's competency when a valid, unrestricted driver's license is presented" (Marr v. Croxton, W.D. Tex.).

Causation is another hurdle. In Allways Auto Group v. Walters, the Supreme Court of Texas held that a dealership that gave a customer a loaner car wasn't liable when the customer drove drunk and caused a crash eighteen days later, because the loan was not a proximate cause of the crash (Tex. 2017).

In practice, the rental company is most often a defendant when there's evidence of a mechanical failure. That makes it critical to preserve the vehicle and its maintenance records before the company repairs, resells, or returns the car to the fleet.

Whose Insurance Pays After a Rental Car Crash?

Several layers of coverage may be involved, and the order in which they apply depends on the policies and the rental contract. Common sources include:

Coverage source	What it may cover	Notes
Renter's personal auto policy	Liability for injuries the renter causes	Many personal policies extend to rental cars; check the policy language
Rental company coverage	Liability up to the limits the company provides	Often limited; Texas minimums are 30/60/25 (§601.072)
Supplemental liability insurance bought at the counter	Additional liability limits	Only if the renter purchased it
Your own UM/UIM coverage	Your injuries when the at-fault driver has no or too little insurance	See our UM/UIM and PIP guide
Your own PIP	Medical bills and lost income regardless of fault	Covers the named insured, household members, and authorized drivers and passengers of the named insured's vehicle (Tex. Ins. Code §1952.151)
Credit card rental benefits	Usually damage to the rental car itself	Generally not a source of payment for your injuries

Because rental crashes often involve minimum or uncertain coverage, your own UM/UIM policy can become the most important coverage in the case. If the renter fled the scene or had no valid coverage, see our article on what to do after an uninsured driver accident in Fort Worth.

What If the Rental Car Driver Lives in Another State?

Many renters at DFW and Love Field are visitors who are back home within days. That doesn't put them beyond the reach of a Texas court. Under Section 17.062 of the Civil Practice and Remedies Code, the chair of the Texas Transportation Commission is an agent for service of process on a nonresident "in any suit against the person or agent that grows out of a collision in which the person or the person's agent is involved while operating a motor vehicle in this state." The same rule applies to a driver who lived in Texas at the time of the crash and later moved away.

Section 17.063 sets out the mechanics: a certified copy of the process must be served on the chair at least 20 days before the return date, and the chair then mails the papers to the nonresident by registered or certified mail (§17.063). In other words, an out-of-state renter can be sued in Tarrant or Dallas County, close to where the crash happened, rather than forcing you to file in another state.

International renters raise added issues, such as foreign insurance and serving papers abroad. Those cases call for early legal advice.

What If I Was Driving the Rental Car When I Got Hurt?

If you were driving or riding in a rental car and someone else caused the crash, your claim is against the at-fault driver, just like any other wreck. A few rental-specific issues often come up:

• Damage to the rental car. The rental company may bill you or your insurer for repairs, loss of use, and administrative fees. Don't sign anything admitting responsibility for the crash.
• The rental company's own crash report. Rental counters often ask you to fill out an incident form. Stick to the facts and keep a copy.
• Your PIP and UM coverage. Depending on the policy terms, your own PIP and UM/UIM coverage may apply even though you were in a rental. Read the policy or have a lawyer review it.
• Rideshare rentals. If you rented a car to drive for a rideshare app, different coverage rules may apply. See our guide to Uber and Lyft accidents.

What Should You Do After a Crash With a Rental Car in DFW?

1. Call 911 and get a police report. In a crash with an out-of-town driver, the police crash report is often the best record of who was involved and their insurance.
2. Photograph the rental car's identifiers. Photograph the plate, VIN sticker, and any barcode or fleet number, plus the renter's driver's license and insurance information.
3. Get the renter's home address and phone number, and ask whether they bought coverage at the counter.
4. Write down the rental company and location (for example, the airport rental center or a neighborhood branch).
5. See a doctor promptly, even if you feel fine. Our article on seeing a doctor after a minor car accident explains why.
6. Send a preservation letter early if a mechanical defect may have played a role, so the rental company keeps the car and its maintenance records.
7. Be cautious with multiple adjusters. You may hear from the renter's insurer, the rental company's claims administrator, and your own carrier. Read about insurance adjuster tactics before giving a recorded statement.
8. Watch the deadline. Most Texas injury lawsuits must be filed within two years. See our Texas statute of limitations guide.

Frequently Asked Questions

Can I sue the rental car company if its customer hit me?

Usually not just because the company owns the car. The Graves Amendment bars ownership-based liability for companies in the rental business, but it doesn't protect a company from liability for its own negligence or criminal wrongdoing (49 U.S.C. §30106). Evidence of poor maintenance or a known defect can support a direct claim.

Does the rental company's insurance cover my injuries?

It may, depending on the coverage the company provides and the rental agreement. Coverage is often limited, and Texas minimum liability limits are $30,000 per person and $60,000 per crash for bodily injury (Tex. Transp. Code §601.072). The renter's own auto policy or a supplemental policy bought at the counter may also apply.

The driver who hit me flew home to another state. Can I still sue in Texas?

Yes. Texas law makes the chair of the Texas Transportation Commission the agent for service of process on nonresident drivers involved in collisions in Texas (CPRC §17.062).

Is a rental company liable for renting to a bad driver?

Only in limited situations. A negligent entrustment claim requires proof that the company knew or should have known the driver was unlicensed, incompetent, or reckless (O'Donnell v. Diaz), and courts have said there is no duty to investigate further when a valid, unrestricted license is presented (Marr v. Croxton).

What if the renter didn't have enough insurance?

Your own uninsured/underinsured motorist coverage may pay the difference, up to your policy limits. PIP can also pay medical bills and lost income regardless of fault (Tex. Ins. Code §1952.151).

How long do I have to file a claim?

Most Texas personal injury claims must be filed within two years of the crash. Claims involving government vehicles can have much shorter notice deadlines.

Talk to a Fort Worth Car Wreck Lawyer

Rental car crashes add layers of insurance, out-of-state drivers, and federal law to an already stressful situation. HLAW can identify every available policy, preserve the vehicle evidence, and serve a driver who has already left Texas. Call (817) 993-9249 or contact us online for a free consultation.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its specific facts, and the laws discussed here may change.