Car accidents happen frequently in Texas, and understanding the laws that govern these incidents is important for every driver on the road. These laws impact how you should respond in the moments after an accident, how liability is determined, and how you can seek compensation for injuries and damage. Knowing what Texas law says about car accidents can help you protect your rights and ensure that you are prepared in case of an unfortunate event.
In Texas, car accident laws are designed to help both victims and drivers understand their responsibilities and rights. This overview will guide you through important details, from what to do at the accident scene to how insurance claims are handled. Texas is known for having specific rules about fault, insurance, and compensation, which can greatly impact your case if you’re involved in an accident. Understanding these legal concepts is critical in ensuring you handle the aftermath of a car accident correctly. At, Chavez Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
What to Do After a Car Accident in Texas
If you are involved in a car accident in Texas, knowing what to do immediately afterward is important to protect your rights and follow state law. After the accident, the first thing to do is stop your vehicle at the scene. Under Texas law, it is required that all drivers involved in an accident stop and stay at the scene until it is safe to leave or after police arrive.
The law also requires that you provide help to anyone who is injured in the accident. This may include calling for medical assistance and staying with the injured person until professional help arrives. You should also exchange information with the other driver involved in the accident. The key details that need to be exchanged include names, addresses, driver’s license numbers, insurance information, and vehicle registration numbers.
In addition, Texas law requires you to report the accident if it results in injury, death, or property damage over $1,000. This means that if you are involved in a serious accident, you must notify law enforcement and file a report. Failure to follow these steps can result in fines, penalties, or even charges for leaving the scene of an accident.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Texas Is a Fault State
Texas is a “fault” state when it comes to car accidents. This means that the driver who is found responsible for the accident is also responsible for paying damages related to the accident. These damages can include property damage, medical bills, and other expenses caused by the accident.
Determining fault is an important part of any car accident case in Texas. Police reports, witness statements, and other evidence collected at the scene can help establish who was responsible for the accident. The insurance company will also investigate the accident to determine liability. If both drivers share responsibility for the accident, Texas follows a “proportionate responsibility” rule. This means that each driver can be assigned a percentage of fault, and their compensation will be reduced according to the percentage of fault they are assigned.
For example, if you are found to be 20% responsible for the accident, your compensation will be reduced by 20%. However, if you are more than 50% responsible, Texas law prevents you from recovering any compensation. This is known as the “51% rule,” and it is important to understand how it can impact your case if you are partially at fault for an accident.
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The Role of Insurance in Texas Car Accidents
In Texas, drivers are required to carry a minimum amount of liability insurance to cover damages in the event of an accident. The minimum required coverage includes $30,000 for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage. This is known as 30/60/25 coverage. Liability insurance is meant to cover the other driver’s injuries and property damage if you are found to be at fault in an accident.
While liability insurance is required, it is also common for drivers to purchase additional coverage to protect themselves in case they are involved in an accident with an uninsured or underinsured driver. Uninsured motorist coverage can help cover your expenses if the other driver does not have insurance, while underinsured motorist coverage kicks in if the other driver’s insurance is not enough to cover the full extent of your damages.
Insurance plays a central role in car accident cases in Texas, and knowing your policy and what it covers is crucial. Filing a claim with the insurance company as soon as possible after an accident is important. Insurance adjusters will review the evidence, assess damages, and determine the compensation amount based on the policy limits and the details of the accident.
Statute of Limitations for Texas Car Accidents
If you are involved in a car accident in Texas, it is important to act quickly to protect your rights. Texas law sets a statute of limitations for filing a personal injury lawsuit related to a car accident. The statute of limitations is the legal deadline by which you must file your claim, and in Texas, it is generally two years from the date of the accident.
This means that if you do not file your claim within two years, you may lose your right to seek compensation for your injuries or property damage. It is important to keep this deadline in mind, especially if you are trying to negotiate with insurance companies or if there are disputes about liability. Delays in filing a lawsuit can harm your ability to recover damages, so taking action within the two-year period is essential.
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However, there are some exceptions to the two-year statute of limitations. For example, if the accident victim is a minor or if the at-fault driver is a government employee, different rules may apply. Understanding these exceptions and how they impact your case requires careful attention to the specific details of your accident.
Comparative Negligence in Texas Car Accidents
In some cases, both drivers involved in a car accident may share responsibility for what happened. When this occurs, Texas uses a comparative negligence system to determine how much compensation each driver can receive. Under this system, each driver’s percentage of fault is assessed, and their compensation is reduced according to their level of fault.
For example, if you are involved in an accident and found to be 30% responsible, your compensation will be reduced by 30%. If the total damages in the case are $100,000, you will only receive $70,000 because of your share of responsibility. However, if you are found to be more than 50% responsible, Texas law bars you from receiving any compensation at all. This rule encourages safe driving and ensures that drivers who are largely responsible for accidents cannot seek damages from the other party.
Seeking Compensation After a Car Accident
If you are injured in a car accident in Texas, you have the right to seek compensation for your injuries and damages. Compensation can cover a wide range of expenses, including medical bills, lost wages, pain and suffering, and property damage. The amount of compensation you can recover depends on the severity of your injuries, the extent of your financial losses, and the details of the accident.
In many cases, the insurance company will offer a settlement to resolve the case quickly. However, these initial settlement offers may not fully cover all of your expenses. It is important to carefully review any settlement offer and consider whether it is fair before accepting. In some cases, you may need to negotiate with the insurance company or take legal action to recover the full amount of compensation you deserve.
If you are unsure of how to proceed, seeking legal guidance can help you understand your options and ensure that your rights are protected. Texas car accident laws are complex, and having someone on your side who understands the law can make a significant difference in the outcome of your case.
At Chavez Law Firm, we are committed to helping those injured in car accidents navigate the legal system and seek the compensation they deserve. If you or a loved one has been involved in a car accident in Texas, don’t hesitate to reach out to our team. With our knowledge of Texas car accident laws, we will work tirelessly to protect your rights and guide you through every step of the legal process. Contact Chavez Law Firm today to discuss your case and explore your options for seeking the compensation you deserve.