Car Accident Laws in Texas: What to Do After a Crash
This comprehensive guide will walk you through every step from knowing what to do immediately after an accident to understanding Car Accident Laws in Texas.
Car accidents are a daily occurrence in the Lone Star State. With sprawling highways, urban congestion, and rural roadways, Texas ranks among the top states for auto collisions. For anyone involved in a crash, understanding car accident laws in Texas is essential to protecting your rights and ensuring a smooth recovery process. From knowing what to do immediately after an accident to understanding Car Accident Laws in Texas and dealing with insurance companies, this comprehensive guide will walk you through every step.
Whether you’re a resident or a visitor, being informed about Texas car accident laws can make a significant difference in how your case unfolds.
1. Immediate Steps to Take After a Car Accident in Texas
Following an accident, your priority should always be safety. However, your actions immediately afterward also have legal and financial consequences.
A. Check for Injuries and Move to Safety
Under Texas law, you are required to stop after an accident. If possible, move your vehicle out of traffic. Check for injuries and call 911 if anyone needs medical assistance.
B. Call Law Enforcement
Texas law mandates that you report accidents involving:
- Injury or death
- Property damage exceeding $1,000
Police officers will file an official report, which becomes vital evidence when filing a claim.
C. Exchange Information
Get the following from the other driver(s):
- Full name and contact info
- Insurance provider and policy number
- Driver’s license and license plate number
- Vehicle make and model
D. Document the Scene
Take photos of:
- Vehicle damage
- Road conditions
- Traffic signs
- Injuries
Gather witness statements if available. These details can strengthen your case when navigating car accident laws in Texas.
2. Understanding Fault and Liability in Texas Car Accidents
One of the core elements of Texas car accident laws is the concept of modified comparative fault.
A. Modified Comparative Fault Rule
Texas follows a 51% bar rule, which means:
- You can recover damages if you are 50% or less at fault
- If you are 51% or more at fault, you cannot recover any compensation
This system allows partial recovery based on your percentage of fault. For example, if you’re awarded $10,000 but found 20% at fault, your compensation is reduced to $8,000.
B. Proving Liability
You must establish that the other party acted negligently. This includes:
- Duty of care (all drivers must operate safely)
- Breach of duty (e.g., speeding, texting while driving)
- Causation (the breach directly caused the accident)
- Damages (medical bills, property damage, etc.)
Legal support can be invaluable here since determining fault is often contested.
3. Insurance Requirements and Claims in Texas
Texas is a fault-based state, meaning the at-fault driver’s insurance pays for damages.
A. Minimum Insurance Requirements
According to Texas Transportation Code, drivers must carry:
- $30,000 for bodily injury per person
- $60,000 per accident
- $25,000 for property damage
This is often referred to as 30/60/25 coverage.
B. Filing an Insurance Claim
You have three options:
- File a claim with your insurance (if you have collision or UM/UIM coverage)
- File a third-party claim with the at-fault driver’s insurer
- File a personal injury lawsuit
Your insurance company may also investigate the crash, even if you file with the other driver’s insurer.
C. Dealing With Insurance Adjusters
Be cautious when speaking to adjusters:
- Do not admit fault
- Provide only necessary information
- Consider consulting a car accident attorney in Texas
Insurance companies often attempt to minimize payouts, so knowledge of car accident laws in Texas helps protect your rights.
4. Statute of Limitations for Car Accidents law in Texas
The statute of limitations sets the time frame within which you must file a Car Accident Laws in Texas.
- Personal injury: 2 years from the date of the accident
- Property damage: 2 years
- Wrongful death: 2 years from the date of death
Missing this deadline may result in losing your right to sue. For minors or mentally incapacitated individuals, the period may be extended.
5. Special Considerations: Hit and Run & Uninsured Drivers
Not all crashes are straightforward. Car accident laws in Texas also account for more complex scenarios.
A. Hit and Run Accidents
Failing to stop after an accident is a crime in Texas. Victims can:
- File a police report
- Use UM (Uninsured Motorist) coverage
- Work with Car Accident Laws in Texas, law enforcement to identify the perpetrator
B. Uninsured or Underinsured Drivers
If the other party doesn’t have sufficient insurance:
- UM/UIM coverage can pay for injuries and losses
- Personal Injury Protection (PIP) may also cover some medical costs
Although Texas doesn’t mandate UM/UIM or PIP, insurers must offer them. Many drivers opt-in for this very reason.
6. Compensation for Damages
You may be eligible for several types of compensation:
A. Economic Damages
- Medical bills
- Lost wages
- Car repair or replacement
B. Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of consortium
C. Punitive Damages
Awarded in rare cases involving gross negligence, such as DUI accidents.
Knowing what compensation you’re entitled to under car accident laws in Texas is crucial for recovery.
7. Hiring a Car Accident Lawyer in Texas
Legal representation can significantly influence the outcome of your claim.
A. When to Hire an Attorney
- Disputed liability
- Severe injuries
- Insurance denying your claim
- Involvement in a multi-car pileup
B. What to Look for in a Lawyer
- Experience with Texas car accident cases
- Strong track record
- Contingency fee basis (you pay only if they win)
Having an advocate who understands Texas personal injury law ensures your interests are protected at every step.
8. Preventing Future Accidents: Texas Driving Laws You Should Know
Prevention is better than litigation. Stay safe and legally compliant by knowing the basics of Texas traffic law.
A. Common Violations That Lead to Accidents
- Distracted driving (illegal to text while driving)
- Speeding (varies by zone but heavily enforced)
- Driving under the influence (BAC limit is 0.08%)
B. Defensive Driving Courses
Taking a state-approved defensive driving course can:
- Dismiss tickets
- Reduce insurance premiums
- Reinforce safe driving habits
Understanding how car accident laws in Texas intersect with broader traffic laws helps keep you—and others—safe on the road.
Final Thoughts
Car accidents are stressful, but having a clear understanding of car accident laws in Texas empowers you to act swiftly and smartly. From documenting the scene and filing claims to dealing with complex scenarios like uninsured drivers or shared fault, every decision you make can impact the outcome of your case.
Whether you’re recovering from a minor fender-bender or facing serious injuries, knowledge is your greatest asset. By staying informed and consulting legal professionals when needed, you can navigate the legal landscape with confidence—and get the compensation you deserve.
