Beverly Law. Updated November 2026.
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The rule from Boyles v. Kerr
In Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993), the Supreme Court of Texas held that “there is no general duty in Texas not to negligently inflict emotional distress.” The same opinion says a claimant may recover mental anguish damages “only in connection with defendant’s breach of some other legal duty.”
That second sentence is the one that matters after a wreck. Drivers owe other people a duty of reasonable care, and the Court listed negligently caused physical injury among the claims where mental anguish damages are still available. Texas law also names “mental or emotional pain or anguish” as a type of noneconomic damages in Civil Practice and Remedies Code § 41.001(12).
How you prove mental anguish
In Parkway Co. v. Woodruff, 901 S.W.2d 434 (Tex. 1995), the Court said an award will hold up when the plaintiff offers “direct evidence of the nature, duration, and severity” of the anguish that shows “a substantial disruption” in daily routine. Without that kind of evidence, courts look for proof of “a high degree of mental pain and distress” that is “more than mere worry, anxiety, vexation, embarrassment, or anger.”
The opinion also notes that events threatening a person’s physical safety, or involving the death or serious injury of a family member, have historically supported an inference of mental anguish. A serious collision often fits that description. Helpful proof includes your own testimony about sleep, work and getting back behind the wheel, what family and coworkers noticed, and records from a doctor or counselor.
Watching a family member get hurt
Texas allows bystander claims. Freeman v. City of Pasadena, 744 S.W.2d 923 (Tex. 1988), which arose from a car accident, applied three factors: whether the plaintiff was near the scene, whether the shock came from seeing or otherwise sensing the accident as it happened instead of learning about it later, and whether the plaintiff and the victim were closely related. The stepfather in that case was at home during the crash and could not recover.
Boyles later added that a bystander must show the defendant negligently inflicted serious or fatal injuries on the primary victim.
Intentional infliction of emotional distress
Twyman v. Twyman, 855 S.W.2d 619 (Tex. 1993) (plurality opinion) adopted the tort of intentional infliction of emotional distress. In Hoffmann-La Roche Inc. v. Zeltwanger, 144 S.W.3d 438 (Tex. 2004), the Court listed what a plaintiff must prove and described the claim as a “gap-filler” tort for rare cases in which the victim “has no other recognized theory of redress.” Liability does not reach mere insults, threats or annoyances. Because a typical crash claim already runs through negligence, this tort seldom applies to a car accident.
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Deadlines and shared fault
Under CPRC § 16.003, a personal injury suit must be filed no later than two years after the day the claim accrues. For an injured child, § 16.001 leaves the time before age 18 out of the count. Under § 33.001, you recover nothing if your share of responsibility is greater than 50 percent, and § 33.012 reduces a smaller recovery by your percentage. Juries state those percentages in whole numbers (§ 33.003), so 51 percent is the cutoff in practice.
Texas emotional distress claims at a glance
| Claim type | What you must show | Source |
|---|---|---|
| Negligent infliction of emotional distress, on its own | Not recognized in Texas | Boyles |
| Mental anguish damages in a crash injury claim | The other driver breached a legal duty and injured you; evidence of the nature, duration and severity of the anguish | Boyles; Parkway |
| Bystander claim | You were near the scene, perceived the accident as it happened, are closely related to the victim, and the victim was seriously or fatally injured | Freeman; Boyles |
| Intentional infliction of emotional distress | Intentional or reckless conduct that was extreme and outrageous and caused severe emotional distress, with no other remedy available | Hoffmann-La Roche |
| Deadline to sue | File within 2 years of accrual | CPRC § 16.003 |
| Shared fault | Your share is 50% or less; damages drop by your percentage | CPRC § 33.001; § 33.012 |
What this means for your case
If you were hurt in a Texas crash, keep notes on how the injury has changed your days: nightmares, avoiding the freeway, missed family events, trouble concentrating at work. Ask the people close to you what they have seen, and tell your doctor about anxiety or sleep problems so they appear in your records. If you saw a family member get hurt, write down where you were and what you saw and heard.
Texas cases at Beverly Law are handled by the firm’s Texas-licensed attorneys, including cases from Austin and across Texas. More answers are on our car and truck accident questions page and in our Texas FAQ on dog bite liability. You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.
Common questions
Can I recover for emotional distress if I was not physically hurt in the crash?
Usually not as a direct victim. Boyles v. Kerr held there is no general duty in Texas to avoid negligently causing emotional distress, so mental anguish damages depend on the breach of some other legal duty, such as negligently causing physical injury. For someone who was not hurt, the bystander rule is the main path, and it requires a close relative who perceived a serious or fatal injury to someone else as it happened.
Do I need a diagnosis or a therapist to prove mental anguish?
Parkway Co. v. Woodruff did not require one kind of evidence, and it said testimony from the claimant, from other people or from experts can supply the details. Medical or counseling records still help show the nature, duration and severity of what you went through.
Can a stepparent bring a bystander claim?
In Freeman v. City of Pasadena the stepfather lost because he did not perceive the accident, so the majority did not decide the relationship question. The factor looks at whether the plaintiff and victim were closely related, as opposed to having no relationship or only a distant one.
How long do I have to file in Texas?
Two years from the day the claim accrues under CPRC § 16.003. For a child, § 16.001 leaves the years before age 18 out of that count.
What if I was partly at fault for the crash?
Under CPRC § 33.001 you cannot recover if you are more than 50 percent responsible. At 50 percent or less, § 33.012 reduces your damages by your percentage.
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Related pages
FAQs · Is Texas a one-bite state? · Austin injury lawyers · Texas · Car and truck accident questions
Sources
- Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993), opinion text (Harvard Law School Caselaw Access Project)
- Parkway Co. v. Woodruff, 901 S.W.2d 434 (Tex. 1995), opinion text (Harvard Law School Caselaw Access Project)
- Freeman v. City of Pasadena, 744 S.W.2d 923 (Tex. 1988), opinion text
- Twyman v. Twyman, 855 S.W.2d 619 (Tex. 1993) (plurality opinion), opinion text
- Hoffmann-La Roche Inc. v. Zeltwanger, No. 02-0120 (Tex. 2004), Supreme Court of Texas opinion
- Tex. Civ. Prac. & Rem. Code § 16.003 (two-year limitations period)
- Tex. Civ. Prac. & Rem. Code § 16.001 (effect of disability)
- Tex. Civ. Prac. & Rem. Code § 33.001 (proportionate responsibility)
- Tex. Civ. Prac. & Rem. Code § 33.003 (percentages in whole numbers)
- Tex. Civ. Prac. & Rem. Code § 33.012 (amount of recovery)
- Tex. Civ. Prac. & Rem. Code § 41.001(12) (noneconomic damages defined)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 6, 2026.