Texas Car Accident Laws in Personal Injury Cases
When you’re involved in a car accident in Texas, the last thing you want is confusion about what happens next—especially if you’re hurt. Texas car accident laws directly affect how much you can recover and what steps you need to take. From how fault is determined to the deadlines for filing claims, working with a Texas car accident attorney who understands these laws can put you in a better position to move forward confidently after an accident. The following sections will outline the various laws that come into play in car accident cases.
Mandatory Reporting After an Accident
In Texas, you must report an accident immediately if it involves injury, death, or if any vehicle is too damaged to be safely driven. According to Texas Transportation Code § 550.026, you should notify:
- The local police department if the accident occurs in a city.
- Either the police or sheriff’s office if it’s just outside city limits (within 100 feet).
- The sheriff’s office or nearest Texas Department of Public Safety office if the accident happens outside these areas.
Importance to Personal Injury Cases:
Police reports document facts that can influence insurance claims and personal injury lawsuits, including fault and evidence from the scene.
Fault-Based System in Texas
Texas is not a “no-fault” state, meaning the driver found responsible for causing the motor vehicle accident is liable for damages. This is determined by examining evidence, such as police reports and witness statements. Texas operates under a modified comparative negligence rule, which assigns fault percentages. If you’re found to be more than 50% at fault, you cannot recover damages. If you’re less than 50% at fault, your compensation is reduced according to your percentage of responsibility.
Key Points:
- Fault Percentages: Your compensation decreases based on your percentage of fault.
- 51% Bar Rule: If you’re more than 50% at fault, you can’t recover damages.
Example:
In a $100,000 claim, being 30% at fault would reduce your compensation to $70,000. If you’re over 50% at fault, you receive nothing.
Insurance Requirements and Coverage
In Texas, drivers must carry car insurance with minimum liability insurance coverage of $30,000 or bodily injury per injured person, $60,000 for bodily injury per accident, and $25,000 for property damage (30/60/25).
Types of Coverage:
- Liability Insurance: Covers damages for the at-fault driver.
- PIP (Personal Injury Protection): Pays medical expenses regardless of fault.
- Uninsured/Underinsured Motorist Coverage: Protects you if the at-fault driver lacks sufficient insurance.
Uninsured At-Fault Drivers:
If the at-fault driver is uninsured, you can file a claim with your uninsured motorist coverage or consider working with a car accident attorney to recover damages.
Statute of Limitations for Personal Injury Claims
Pursuant to Texas Civil Practice and Remedies Code § 16.003, car accident claims have a two-year statute of limitations. This means you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can result in losing the right to seek compensation.
Exceptions:
- Minors: The two-year period typically begins when the minor turns 18.
- Latent Injuries: If injuries aren’t immediately apparent, the deadline might be extended from the discovery date.
These exceptions are rare but important in specific situations.
Duty to Render Aid and Exchange Information
In Texas, Transportation Code § 550.023 stipulates that drivers involved in an accident must provide assistance to anyone injured, such as calling for medical help or arranging transportation if needed. You’re also required to exchange information, including your name, address, insurance details, and vehicle registration, with the other driver or anyone involved.
If you’re injured and unable to fulfill these duties, the law doesn’t explicitly address that situation, but it’s implied that your ability to act depends on your condition. If you’re physically able, these obligations still apply.
Why It Matters:
Neglecting to provide aid or exchange details can lead to fines or even criminal charges and may also make it difficult to file insurance claims or pursue compensation, because official documentation is necessary to support personal injury or damage claims.
Damages in Personal Injury Cases
In Texas car accident cases, car accident victims can file a personal injury claim to recover two types of damages:
Types of Damages:
- Economic Damages: These cover measurable losses like medical bills, property damage, and lost wages.
- Non-Economic Damages: These include compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages:
Punitive damages are less common and may be awarded in cases of gross negligence or extreme misconduct, where the goal is to punish the at-fault party and deter similar behavior in the future.
Attorney Representation
If you’ve been injured in a Texas car accident, working with an attorney will have a direct impact on your ability to obtain compensation in a car accident claim. Attorneys consider Texas car accident laws to guide decisions on evidence collection, settlement negotiations, and how to maximize your compensation. Here are some of the ways they can help:
Evidence Collection
An attorney will gather critical evidence, such as medical records, accident reports, and witness statements, to strengthen your claim.
Negotiating with Insurance Companies
After a car accident, dealing with the insurance company can be challenging. Insurance adjusters often try to minimize payouts. An experienced car accident lawyer can handle these negotiations to push for a fair settlement based on the true extent of your damages, including medical expenses, lost wages, and other losses.
Expert Connections
Attorneys can bring in accident reconstruction specialists or medical experts to clarify key details of the case. These experts help explain how the accident occurred or provide medical testimony about your injuries. Their insights can be critical in proving fault, the extent of damages, and establishing the long-term impact of the injuries, all of which support your claim for compensation.
Handling Court Filings
Attorneys manage all court filings, ensuring they meet all strict legal standards and deadlines. In personal injury cases, missing a filing deadline or submitting incorrect documents can weaken your case. By handling these details, attorneys help keep your claim on track and prevent delays or dismissals.
Case Strategy
Attorneys evaluate the strengths and weaknesses of your case, weighing factors like evidence and potential defenses. Based on this, they can recommend whether to pursue a settlement or take the case to trial, ensuring the best possible outcome.
Maximizing Compensation
Attorneys focus on obtaining the full range of damages available under Texas law, from medical bills to pain and suffering. They consider the long-term impact of injuries, ensuring all relevant damages are included, such as lost wages and future medical costs, so you receive the compensation you’re owed.
Texas car accident laws affect every step of your claim, from fault determination and compensation to key deadlines. Attorneys who understand these laws help you avoid common mistakes that could lower your settlement or block your claim entirely. By working with a lawyer who knows the ins and outs of Texas-specific rules, you’ll be in a stronger position to secure the compensation you deserve without overlooking key details.
If you’ve been injured in a car accident in Texas, Loewy Law Firm is here to help you pursue the compensation you deserve. Call us at (512) 280-0800 or use our contact form for a free consultation, and let our experienced attorneys handle the legal steps needed to protect your rights.
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