Car accidents are a common occurrence across Texas, with nearly 15,000 serious injury crashes taking place in 2024 alone. While you may be entitled to compensation from the responsible party as the victim, there is a lot to unpack when it comes to how the car accident laws work in the state. These laws relate to everything from how fault is established to how much time you have to file a claim.
Read on to learn more about this area of the law in Texas, and reach out to a El Paso car accident attorney if you need help after a collision.
Texas Is an At-Fault State
Texas follows an at-fault insurance system for car accidents. This means the driver who causes the crash is responsible for paying the resulting damages. Typically, the at-fault driver’s insurance covers both economic and non-economic losses such as medical bills, lost wages, and pain and suffering.
Drivers in Texas are required to carry minimum liability insurance that includes:
- $30,000 for injuries per person
- $60,000 total for injuries per accident
- $25,000 for property damage
Texas insurance companies must offer uninsured/underinsured (UM/UIM) motorist coverage as well as personal injury protection (PIP) coverage, but drivers are allowed to deny these in writing.
Comparative Negligence in Texas
Car accident liability in Texas isn’t always black and white. The state applies a modified comparative negligence law to address this issue under Texas Civil Practice and Remedies Code §33.001. Per this statute, you can recover compensation as long as you are not more than 50% at fault for the crash.
If you share some blame, your total recovery will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but are found 10% responsible, you can still recover $90,000.
An experienced attorney can help you respond to allegations of shared fault effectively so that you can maintain your claim’s full value.
Texas Car Accident Reporting Requirements
Under Texas Transportation Code §550.062, you must report an accident to law enforcement if it results in injury, death, or property damage exceeding $1,000. Failing to do so can lead to fines or even criminal penalties.
When police arrive, they’ll create an official crash report that can help you prove your claim down the line. You can typically request a copy of the report through the Texas Department of Transportation (TxDOT) within a few days of the crash.
Statute of Limitations for Car Accident Claims
If you need to file a lawsuit, Texas law generally gives you two years from the date of the accident to take legal action. Missing this deadline can permanently bar your right to seek compensation.
There are limited exceptions, such as when a government vehicle is involved or when the victim is a minor, but most claims must follow the two-year rule. It’s best to contact a car accident lawyer as soon as possible for help filing your claim on time.
Contact a Car Accident Lawyer in Texas for a Free Case Review
A car accident can leave you with debilitating injuries on top of mounting financial expenses. The good news, however, is that you may be entitled to take legal action and recover compensation for every impact of the crash. A trusted car accident lawyer can help you throughout the entire legal process, including taking your case to trial if necessary.
Schedule a free consultation with Cal Mundell Injury Law today to discuss your legal options and learn how our attorney can help you move forward with confidence.