Texas Car Accident Laws


Texas Car Accident Statutes: Understanding Your Legal Rights

In the aftermath of a car accident in Texas, it’s essential to have a clear understanding of the relevant statutes and laws that govern your situation. At KRW Lawyers, we’re dedicated to empowering our clients with the knowledge they need to navigate the legal process effectively. In this comprehensive guide, we’ll delve into the specifics of Texas car accident statutes and address frequently asked questions to help you protect your rights and pursue fair compensation.

Texas Car Accident Statutes Explained:

  1. Statute of Limitations:

    • Texas imposes a statute of limitations of two years from the date of the accident for filing a personal injury claim.
    • Similarly, the statute of limitations for property damage claims resulting from car accidents is also typically two years.
  2. Comparative Negligence:

    • Under Texas law, the doctrine of comparative negligence applies, allowing compensation to be reduced proportionately if the claimant is found partially at fault.
    • If a claimant is deemed more than 50% responsible for the accident, they may be barred from recovering any compensation.
  3. Minimum Insurance Requirements:

    • Texas mandates drivers to carry minimum auto insurance coverage, including $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $25,000 per accident for property damage.
    • Failure to maintain the required insurance coverage can lead to fines and other penalties.
  4. Hit-and-Run Accidents:

    • Texas law mandates drivers involved in accidents to stop and provide necessary information, such as name, address, vehicle registration, and insurance details, to the other parties involved.
    • Fleeing the scene without fulfilling these obligations can result in criminal charges and civil liability.
  5. Wrongful Death Claims:

    • In cases of fatal car accidents, Texas allows surviving family members to pursue wrongful death claims against the at-fault party.
    • Damages in wrongful death cases may encompass medical expenses, funeral costs, lost income, and emotional suffering.
  6. Uninsured/Underinsured Motorist Coverage:

    • Texas law permits drivers to purchase uninsured/underinsured motorist coverage to protect themselves in the event of an accident with an uninsured or underinsured driver.
    • This coverage can provide compensation for medical expenses, lost wages, and other damages when the at-fault driver lacks adequate insurance.

Frequently Asked Questions:

  • Seek medical attention for any injuries, report the accident to law enforcement, exchange information with other parties involved, and document the scene with photos and witness statements.
  • The statute of limitations for filing a personal injury or property damage claim in Texas is typically two years from the date of the accident.
  • Texas follows a modified comparative negligence rule, allowing compensation to be reduced proportionately if you’re found partially at fault. However, if you’re more than 50% responsible, you may not recover compensation.
  • If the at-fault driver lacks insurance coverage, you may still pursue compensation through your uninsured/underinsured motorist coverage, if applicable.
  • Yes, Texas law allows surviving family members to file a wrongful death claim against the negligent party to seek compensation for their losses.
  • Our experienced attorneys can help you navigate the legal process, gather evidence, negotiate with insurance companies, and advocate for your rights to secure the compensation you deserve

Our team of lawyers has the experience to guide you through your legal claim.