Winter holidays often bring festive cheer, colder weather, and — unfortunately — a higher risk of accidents. Whether it’s a slip on icy steps, a car crash in poor weather conditions, or a holiday gathering that ends in injury, accidents during this season can have serious consequences. For Texans who find themselves injured because of someone else’s negligence, understanding how the law handles personal injury claims is critical.
Texas Law: How Claims Work After Holiday Accidents
At Briggle & Polan, PLLC, we frequently see cases arising from holiday-season accidents, including slippery sidewalks, icy parking lots, poor visibility crashes, or negligent behavior exacerbated by cold weather or holiday travel. Under Texas law, these accidents may give rise to personal injury claims when negligence or wrongful conduct is involved. The goal of personal injury law is to compensate the injured party for medical costs, lost wages, pain and suffering, and other damages.
For most types of personal injury — including car accidents, slip-and-fall incidents, or other negligence-based accidents — the injured person has a limited window to act. Under Texas Civil Practice & Remedies Code § 16.003, a lawsuit must be filed within two years from the date the injury (or accident) occurred.
That means if you slipped and fell on a holiday-decorated but icy sidewalk on December 25, 2025, you generally need to file your claim no later than December 25, 2027 — or you risk losing the right to recover compensation.
In addition to timing, Texas also employs a rule called “modified comparative negligence” when determining the amount you may recover. Under Texas Civil Practice & Remedies Code § 33.001, if you are found partly at fault, you may still recover damages — but only if you are 50% or less responsible.
For example, if a holiday-night driver rear-ends you on a slick road, but you were driving too fast for conditions, a jury might assign 20% of fault to you and 80% to the other driver. You could still recover compensation, but it would be reduced to reflect your share of fault. If, however, you are found 51% or more at fault, you could be barred from any recovery.
Because weather, holiday travel, and increased foot traffic all increase hazards during the winter season, it’s not unusual for injured individuals to face complex liability questions — which makes having an experienced personal injury law firm on your side especially important.
What to Do If You’re Injured During a Holiday Season
If a winter holiday accident injured you — whether a slip on a poorly maintained walkway at a holiday gathering, a crash on icy roads, or any accident involving negligence — take these steps:
- Get prompt medical care. Your health comes first. Document all medical treatment — records and bills are pivotal to a personal injury claim.
- Collect evidence. Take photos of the scene, gather contact information from witnesses, and keep a record of police or incident reports. Document any hazardous conditions, such as icy surfaces or poor lighting.
- Contact a knowledgeable personal injury attorney. Texas laws on negligence, comparative fault, and filing deadlines can be tricky. An attorney helps ensure your claim is filed in time, supports gathering evidence, and works to maximize your recovery.
- Understand that a partial fault doesn’t necessarily end your claim. Under Texas’s comparative-fault rule, many people still recover even if they share some blame — so long as their fault doesn’t exceed 50%.
Fighting for the Justice & Recovery You Are Owed
Briggle & Polan, PLLC represent clients across Texas injured by auto accidents, slip-and-fall incidents, workplace accidents, and other serious injury cases. We offer a free, no-obligation consultation to review your situation. Our trial-tested attorneys prepare every case as if it’s going to court — and we only get paid if we win on your behalf.
If you suffered an injury after a holiday accident, don’t wait. The legal clock may already be ticking.
Call us today at (512) 400-3278 or submit our online contact form to schedule your free consultation — and let Briggle & Polan, PLLC fight for the full recovery you deserve.
