Car accidents can be overwhelming and confusing, especially regarding knowing your rights and responsibilities. If you or a loved one has been involved in a car crash in Texas, understanding the fundamental laws can help you handle the situation more confidently. At Car Wreck Texas, we want to help you get the information you need to protect yourself and your family.
In this blog, we’ll break down important Texas car accident laws, what you should do if you’re involved in an accident, and how these laws affect your ability to seek compensation.
What Are the Key Texas Car Accident Laws You Should Know?
Texas car accident laws can be complex, but a few critical rules shape how cases are handled here. These laws guide what happens after a crash, how fault is determined, and what compensation you might be entitled to.
Texas is a “Fault” State
One of the main things to know is that Texas follows a “fault” system regarding car accidents. This means the person who caused the accident can be held responsible for the damages. For example, if a driver runs a red light and hits another vehicle, that driver is usually at fault.
This fault determination affects insurance claims and any legal actions. Understanding how fault is assigned is vital to protect yourself.
Comparative Negligence: What Happens if Both Drivers Are at Fault?
Texas uses what is called “modified comparative negligence.” This can be confusing, but your compensation may be reduced if you are partially to blame for the accident.
For example, if a court or insurance company finds that you were 30% responsible for the crash, your financial recovery will be lowered by that percentage. However, if you are found to be more than 50% at fault, you cannot recover damages from the other party.
This rule encourages fairness but emphasizes the importance of proving the other driver’s responsibility as much as possible.
What Should I Do Immediately After a Car Accident in Texas?
After an accident, staying calm and following these steps is essential:
Stop your vehicle: Texas law requires all drivers involved in a crash to stop right away. Leaving the scene can lead to serious legal trouble.
Check for injuries: Make sure everyone is safe and call 911 if medical help is needed. Prompt medical attention is critical for health and documentation.
Move to a safe area: If the accident is minor and your vehicle is blocking traffic, carefully move it to the side of the road to prevent further hazards.
Exchange information: Share and collect essential details like names, phone numbers, driver’s license numbers, insurance information, and vehicle registrations from all parties involved.
Document the scene: Take clear photos of the accident location, vehicle damage, and injuries. This evidence can be vital if you file a claim later.
Police report: Texas law requires you to notify law enforcement of accidents involving injuries, deaths, or property damage exceeding $1,000. The police will prepare an official report.
Notify your insurance company: Contact your insurer immediately to report the accident. Prompt notification helps ensure your claim is processed smoothly.
Texas Car Insurance Requirements
Every driver in Texas is required by law to carry a minimum liability insurance to cover damages they might cause in an accident. These minimums are:
- $30,000 for injuries or death per person
- $60,000 for injuries or death per accident (when multiple people are injured)
- $25,000 for property damage per accident
Things can get complicated if the at-fault driver doesn’t have insurance or their coverage isn’t enough to cover your losses. That’s why some Texas drivers also carry Uninsured Motorist Coverage or Underinsured Motorist Coverage, which can help protect you in these situations.
Do If You’re Injured in a Car Accident in Texas
If you get hurt in a Texas car accident, your priority should be your health. Get medical help immediately, even if you think your injuries are minor. Sometimes, injuries may not be apparent right away.
Here are some critical steps to take after the accident:
- Document Everything: Take photos of the accident, your injuries, vehicle damage, and any visible skid marks or road conditions.
- Gather Information: Write down the names and contact details of everyone involved and any witnesses.
- Notify Your Insurance Company: Report the accident as soon as possible, but be careful about what you say. Stick to the facts and avoid admitting fault.
- Keep Records: Save all medical bills, repair estimates, and any other paperwork related to the accident.
- Seek Legal Help: Car accident laws can be complicated. Talking to an experienced attorney can help you understand your rights and protect your claim.
Why Is a Police Report Important in a Texas Car Accident?
A police report serves as an official record of the accident. It typically contains:
Description of the Accident:
The report provides a detailed account of how the accident happened. This helps establish the sequence of events and can clarify key facts.
Statements from Drivers and Witnesses:
It includes information from all parties involved, plus any witnesses. These statements offer multiple perspectives that help piece together what occurred.
Officer’s Observations and Fault Opinion:
The responding officer notes their observations and may indicate who they believe caused the accident. This insight often influences insurance and legal decisions.
Tickets and Citations Issued:
The report records citations given to drivers if any traffic laws were broken. These violations can be crucial evidence when determining responsibility.
Use in Insurance Claims and Legal Cases:
While not the final word on fault, insurance companies and courts rely heavily on the police report. Having a copy is essential to support your claim and protect your rights.
Compensation You Can Receive After a Car Accident in Texas
If you’ve been injured in a car accident, you may be entitled to several forms of financial compensation. Medical costs are typically the most immediate concern, covering hospital bills, surgeries, rehabilitation, and any ongoing or future treatments related to your injuries. In addition to medical expenses, lost income is another common form of compensation. If your injuries prevent you from working during recovery, you can seek reimbursement for wages you’ve missed.
Beyond physical losses, many accident victims suffer emotional distress and physical discomfort. Compensation for pain and suffering aims to address these less tangible impacts.
Finally, if your injuries result in a permanent reduction in your ability to earn income, you may be able to recover damages for this loss of future earning capacity. The total amount of compensation depends on various factors, such as the severity of your injuries, who was at fault, and the details surrounding the accident. Understanding these types of damages can help you better seek fair compensation.
What Is the Role of a Police Report in a Texas Car Accident Case?
Many people wonder how important a police report is after a car accident. In Texas, while a police report is not required to file a claim or lawsuit, it often provides helpful details and official documentation about the accident.
A police report usually includes facts gathered by the officer, witness statements, and sometimes an opinion on who caused the accident. Insurance companies and courts may give weight to this report during the claims or legal process.
What About Comparative Negligence?
Texas follows a rule called modified comparative negligence. This means:
- If you are found less than 51% responsible for the accident, you can recover damages, but your percentage of fault reduces your payout.
- You cannot recover damages if you are found to be 51% or more responsible.
This makes it very important to show that the other driver was primarily at fault if you want to get compensation.
Why It’s Important to Know Texas Car Accident Laws
Understanding Texas car accident laws helps you avoid mistakes that can jeopardize your ability to get compensation. From timely reporting to handling insurance claims, each step can influence the outcome of your case.
Also, laws can vary from state to state. So, knowing Texas-specific rules about fault, insurance, and filing deadlines can give you an advantage during settlement or court proceedings.
Hire a Car Accident Attorney Today
Car accidents can disrupt your life, but knowing your rights under Texas law empowers you to make better decisions. Remember to follow legal requirements after a crash, document everything carefully, and be aware of time limits for claims.
If you face challenges after a car accident in Houston or anywhere in Texas, having the right guidance is crucial to protecting your interests. Contact us today to set up your initial consultation.
Related Links:
How to File a Car Accident Claim in Houston
Houston Car Accident
Texas Auto Accident Statute of Limitations Guide
