Car accidents are an unfortunate reality on Texas roads, especially in bustling cities like Houston. To protect your rights and ensure you are properly compensated after an accident, it is essential to understand the specific car accident laws and regulations in Texas. From insurance requirements to fault determination, here’s what Houston drivers need to know.
Texas is a "Fault" State
Texas operates under a "fault" system, which means the driver who caused the accident is responsible for covering the damages. This differs from "no-fault" states where each driver’s insurance typically covers their losses regardless of who caused the accident. In Texas, the at-fault driver’s insurance will be responsible for paying medical expenses, property damage, and other losses for the injured party.
After an accident, the injured party can seek compensation in three ways:
- Filing a claim with their insurance if the coverage applies to the damages.
- Filing a claim against the at-fault driver’s insurance for damages.
- Filing a personal injury lawsuit against the at-fault driver.
Insurance Requirements in Texas
Texas law requires drivers to carry minimum amounts of liability insurance to cover injuries and property damage resulting from accidents. The current minimum coverage requirements are:
- $30,000 for bodily injury per person
- $60,000 for total bodily injury per accident
- $25,000 for property damage
This is known as the 30/60/25 rule. While these are the minimum requirements, many drivers choose to carry additional insurance coverage to protect themselves in case of a serious accident.
It's also important to note that Texas law does not require drivers to carry Personal Injury Protection (PIP) or uninsured/underinsured motorist coverage, but these types of insurance can be crucial in covering medical expenses and damages when the at-fault driver does not have sufficient insurance or flees the scene (hit-and-run).
Fault Determination in Texas Car Accidents
Determining who is at fault in a car accident is critical to resolving claims. Texas follows a comparative negligence rule, which means that fault can be shared between the drivers involved in the accident.
Under proportionate responsibility or modified comparative fault, if you are found to be partially responsible for the accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and awarded $10,000 in damages, you would receive $8,000 (the total award minus 20%). However, if you are found to be more than 50% responsible, you cannot recover any compensation.
Reporting Car Accidents
In Texas, if the accident results in injury, death, or property damage exceeding $1,000, you are required by law to report it to the police. This report is essential for both insurance claims and legal proceedings, as it provides an official record of the incident. Failing to report an accident can lead to penalties and complications in recovering damages.
Time Limits for Filing a Car Accident Lawsuit
Texas has a statute of limitations that dictates the time frame in which you must file a personal injury lawsuit after a car accident. In most cases, the deadline is two years from the date of the accident. Failing to file within this period may result in the loss of your right to pursue compensation.
Contact Payne Law Firm for Expert Legal Help!
Understanding Texas car accident laws is crucial for Houston drivers to protect their rights and recover the compensation they deserve after an accident. From knowing the insurance requirements to understanding how fault is determined, taking the right steps after a car accident can make all the difference.
If you’ve been injured in a car accident, the experienced team at Payne Law Firm is here to help you navigate the legal process and fight for your rights. Call us at (713) 999-4801 to learn more!