Car accidents can be life-altering, causing physical, emotional, and financial challenges. Understanding your rights and responsibilities under Texas law is crucial to ensuring that you’re protected and can navigate the legal process effectively.
Texas Is a Fault-Based State
One of the most critical aspects of Texas car accident law is that it follows a fault-based, or tort, system. This means that the driver deemed responsible for causing the accident is also responsible for covering the damages. As a result, the at-fault driver’s insurance typically pays for the other party's medical expenses, property damage, and other related costs.
Drivers in Texas are required to carry minimum liability insurance, which includes:
- $30,000 for injuries per person
- $60,000 total for injuries per accident
- $25,000 for property damage per accident
While these are the minimum requirements, accidents involving severe injuries or extensive property damage often exceed these limits, making it vital to explore other compensation avenues, such as personal lawsuits.
Statute of Limitations in Texas
Texas law sets strict time limits for filing a personal injury or property damage lawsuit after a car accident. Generally, you have two years from the date of the accident to file your claim. Missing this deadline can result in the loss of your legal rights to pursue compensation, so acting quickly is crucial.
There are exceptions to this rule in certain circumstances:
- If the accident involves a minor, the statute of limitations may be extended until the minor turns 18.
- Cases involving government entities, such as a collision with a city-owned vehicle, may have shorter deadlines and require special procedures.
What to Do Immediately After an Accident
If you’re involved in a car accident in Texas, taking the right steps can significantly impact your ability to file a successful claim:
- Prioritize safety by checking for injuries and calling emergency services if needed. Move your vehicle out of traffic if it’s safe to do so.
- Report the accident to law enforcement. Texas law requires you to report any accident resulting in injury, death, or significant property damage. Failure to do so could result in legal penalties.
- Exchange contact and insurance details with the other driver but avoid admitting fault, as this could be used against you later.
- Document the scene by taking photos of the vehicles, the accident site, and any visible injuries. Gather witness statements and contact information if possible.
- Seek medical attention, even if you feel fine. Some injuries may not be immediately apparent but can become serious later.
Key Considerations for Legal and Financial Protection
Navigating Texas car accident laws can be complex, particularly when dealing with insurance companies. It’s important to understand that insurers may prioritize minimizing payouts, which can impact your settlement offer. Consulting an experienced car accident attorney can help protect your rights and ensure you receive fair compensation.
Texas also follows a modified comparative negligence rule, meaning you can recover damages only if you are less than 51% at fault for the accident. Your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% responsible, you can only recover 70% of the total damages.
Conclusion
Understanding Texas car accident laws empowers you to make informed decisions after an accident. By knowing your rights, adhering to your responsibilities, and taking the appropriate steps, you can safeguard your well-being and financial stability. If disputes arise or the process becomes overwhelming, seeking professional legal guidance can be a game-changer in securing the compensation you deserve.
