Law About Car Accidents in Texas: Understanding Your Rights and Responsibilities

Michael S. Callahan | | Car Accident
law about car accidents

Every year, countless Texans suffer the aftermath of car accidents. Navigating the complex legal landscape that follows can be overwhelming. Understanding your rights and responsibilities is crucial to protecting your interests and seeking fair compensation. This guide delves into the key aspects of Texas car accident law.

Reporting a Car Accident in Texas

Texas law mandates reporting car accidents under specific circumstances. If an accident results in:

  • Injury or death
  • Property damage exceeding $1,000
  • Hit-and-run involving property damage

Failure to report the incident to the local authorities promptly can lead to legal repercussions.

To report an accident, contact the local police department and provide accurate details about the collision, including location, date, time, and involved parties. Document the incident with photographs, witness information, and insurance details.

Understanding Car Accident Law in Texas

Texas operates on a fault-based system for car accidents, meaning the at-fault driver is typically liable for covering damages incurred by others involved.

No-Fault Car Insurance and Financial Responsibility in Texas

Unlike some states, Texas does not adhere to a no-fault insurance system. Instead, drivers must carry a minimum amount of liability insurance to demonstrate financial responsibility. These coverages include:

  • Bodily injury liability: Protects against claims for medical expenses and other damages resulting from injuries caused by the insured driver.
  • Property damage liability: Covers damages to other people’s property caused by the insured driver.

The specific minimum coverage amounts required by Texas law are:

  • Bodily injury: $30,000 of coverage for injuries per person, up to a total of $60,000 per accident.
  • Property damage: A minimum of $25,000 for property damages.

Texas Statute of Limitations for Car Accident Lawsuits

A statute of limitations sets a deadline for filing a lawsuit. In Texas, the general statute of limitations for personal injury cases (including car accidents) is two years from the date of the accident. Missing this deadline can bar you from pursuing legal action.

In situations where a victim dies due to a car accident, family members or representatives can file a lawsuit within the same two-year period.

It’s crucial to consult with an attorney at The Callahan Law Firm as soon as possible after an accident to assess your case and ensure timely action.

Understanding Texas’s Comparative Negligence Rule

Texas employs a modified comparative fault rule in car accident cases. This means that even if you share some fault for the accident, you may still recover damages, but your award will be reduced proportionally to your degree of fault.

For example, if a jury determines you were 30% at fault for an accident and the total damages are $100,000, your compensation would be reduced by 30%, leaving you with $70,000. However, if your fault is found to be 51% or more, you cannot recover any damages at all.

How Comparative Negligence Impacts Car Insurance Claims

Insurance adjusters will carefully assess the evidence to determine fault in an accident. If you are found to be partially at fault, they will reduce the value of your claim accordingly. Understanding the comparative negligence rule is essential when negotiating with insurance companies.

If you are determined to be less than 51% at fault for a car accident in Texas, you may be entitled to recover various types of damages, including:

  • Economic damages: These are tangible losses with a specific monetary value, such as medical bills, lost wages, property damage, and repair costs.
  • Non-economic damages: These are intangible losses that are more difficult to quantify, such as pain and suffering, emotional distress, loss of consortium, and diminished quality of life.
  • Punitive damages: In rare cases where the at-fault driver’s actions were intentional or recklessly negligent, a court may award punitive damages to punish the wrongdoer and deter similar behavior.

The Role of Insurance in Texas Car Accidents

Understanding your insurance coverage is crucial after a car accident. In Texas, car insurance policies typically include the following types of coverage:

  • Liability insurance: Covers damages caused by the insured driver to other people or their property.
  • Collision insurance: Covers damage to your vehicle resulting from a collision, regardless of fault.
  • Comprehensive insurance: Covers damage to your vehicle from non-collision events, such as theft, vandalism, or natural disasters.
  • Medical payments coverage (Med Pay): Provides coverage for medical expenses for you and your passengers, regardless of fault.
  • Personal injury protection (PIP): Similar to Med Pay, but may also cover lost wages and other expenses. (Note: Not all Texas drivers are required to carry PIP coverage.)
  • Uninsured/underinsured motorist coverage (UM/UIM): Protects you if you are injured by a hit-and-run driver or a driver with insufficient insurance.

Common Car Accident Injuries in Texas

Car accidents can result in a wide range of injuries, from minor cuts and bruises to severe and life-changing conditions. According to the Texas Department of Transportation, car crashes caused an injury every 2 minutes and 6 seconds. Some common car accident injuries include:

  • Whiplash: It occurs when your body experiences sudden jolts back and forth, causing your neck to jerk forward and backward. Symptoms may include neck pain, stiffness, headaches, and shoulder discomfort.
  • Back and neck injuries: These injuries can involve strains, sprains, and damage to muscles, tendons, and ligaments
  • Head injuries: Concussions and traumatic brain injuries (TBIs) can result from car accidents. Contrary to popular belief, you don’t need to hit your head directly to suffer a concussion.
  • Spinal cord injuries: These injuries can be life-changing. Damage to the spinal cord may lead to paralysis or loss of sensation in various body parts.
  • Broken bones: Broken bones are common in high-impact collisions. They can result from hitting the dashboard, seat rest, or side window.
  • Internal injuries: These injuries may not be immediately apparent. They include damage to internal organs, such as the liver, spleen, or kidneys.
  • Fatalities.

If you sustain injuries in a car accident, it’s essential to seek prompt medical attention and document your injuries thoroughly. Even if you do not immediately experience symptoms, it is best to be medically evaluated to confirm you do not have injuries that are not apparent to you at the time. Your medical reports will serve as crucial evidence to substantiate your personal injury claim.

Taking Action After a Texas Car Accident

After a car accident, prioritize your safety and well-being. Seek medical attention for any injuries, even if they seem minor. Gather evidence at the scene, including photos, witness information, and police reports.

Contact your insurance company promptly to initiate a claim. However, be cautious about providing recorded statements without legal counsel.

Consulting with an experienced Houston car accident attorney at The Callahan Law Firm is highly recommended. An attorney can guide you through the legal process, protect your rights, and help you maximize your compensation.

Car accidents can be traumatic and financially devastating. By understanding the complexities of Texas car accident law and taking proactive steps, you can protect your rights and seek fair compensation.

Protect Your Rights: Schedule a No-Cost Consultation Today

Don’t let a car accident derail your life. Understanding your rights is crucial. If you’ve been involved in a car accident in Texas, seek experienced legal guidance to protect your interests and pursue the compensation you deserve.

Contact The Callahan Law Firm at 713 224-9000 or visit our website for a free consultation. Our experienced car accident attorneys are ready to assist you.

Frequently Asked Questions

What should I do immediately after a car accident in Texas?

Immediately after a car accident, begin by assessing injuries and seeking medical attention if necessary. Secure the scene by activating hazard lights and moving vehicles to a safe location. Report the accident to the police and exchange information with other involved parties. To protect your legal rights, document the accident by taking photos of the scene and vehicles and contact your attorney

How long do I have to file a car accident lawsuit in Texas?

In Texas, the statute of limitations for personal injury lawsuits arising from car accidents is generally two years from the date of the accident. This means you have two years to file a lawsuit in court to seek compensation for your injuries. It’s important to consult with a lawyer as soon as possible after the accident to ensure you meet all deadlines.

What types of damages can I recover in a Texas car accident case?

Texas follows a comparative negligence system. This means you can recover damages even if you were partially at fault for the accident, but your compensation will be reduced based on your percentage of fault. Recoverable damages can include: economic damages (medical bills, lost wages), non-economic damages (pain and suffering, emotional distress), and potentially punitive damages.

How can a lawyer help me with my car accident case?

A lawyer can take steps to investigate the accident and gather evidence such as interviewing witnesses to assist in determining fault, negotiate with insurance companies, negotiate a settlement for maximum compensation and represent you in court if necessary.